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Last Updated: December 22, 2024

Patent: 11,298,293

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Summary for Patent: 11,298,293

Patent Claims:	see list of patent claims
Patent landscape, scope, and claims summary:	Comprehensive Analysis of the Claims and Patent Landscape for United States Patent 11,298,293 Introduction Patents are a cornerstone of innovation, providing inventors with exclusive rights to their creations in exchange for public disclosure. The United States Patent and Trademark Office (USPTO) plays a crucial role in evaluating and granting these patents. This article will delve into a comprehensive and critical analysis of the claims and the patent landscape for a specific patent, using United States Patent 11,298,293 as a case study. Overview of the U.S. Patent System The U.S. patent system, established in 1790, grants inventors the exclusive right to make, use, import, sell, or offer for sale their inventions for a set period, typically 20 years from the date of the patent application filing[1]. Patentability Requirements For a patent to be granted, the invention must meet several criteria: it must be useful, novel, and nonobvious, and it must claim patentable subject matter. The usefulness requirement is satisfied if the invention is operable and provides some tangible benefit. Novelty requires that the invention is not fully anticipated by prior art. Nonobviousness means the invention must not have been readily within the ordinary skills of a competent artisan at the time it was made[1]. Patent Claims Analysis Patent claims are the heart of a patent, defining the scope of protection granted to the inventor. The analysis of patent claims involves several key aspects: Claim Construction Claim construction is the process of interpreting the meaning of the claims. This is crucial as it determines the scope of the patent's protection. The courts and the USPTO use various guidelines, including statutory definitions and judicial interpretations, to construct claims[1]. Automated Claims Analysis Given the increasing complexity and volume of patent applications, automated systems have been developed to facilitate claims analysis. For example, the Patent Claims Analysis System and Method (US20110138338A1) automates the importing and examination of patent claims, helping to reduce the information overload and improve the efficiency of the patent examination process[2]. Patent Landscape Analysis Patent landscape analysis is a comprehensive approach to understanding the patent environment within a specific technology area. This analysis goes beyond individual patentability searches and provides a high-level view of patent saturation and strategic insights. Identifying Patent Saturation A thorough patent landscape analysis helps identify areas of high patent saturation, which can indicate mature technologies and the need to pivot to newer inventive spaces. This is particularly useful for business and R&D management in making long-term strategic decisions[3]. Broad Search Approach Unlike narrow searches focused on direct competitors, patent landscape analysis involves a broader search approach. This includes using landscape matrices to break down broad data sets and identify trends and patterns that might be missed in narrower searches[3]. Current Issues and Concerns in Patent Policy Patent Subject Matter Eligibility One of the current issues in patent policy is the subject matter eligibility standards. These standards have been the subject of significant debate and legal challenges, affecting what types of inventions can be patented[1]. Patent Quality and Validity Challenges The quality of patents and the mechanisms for challenging their validity are also under scrutiny. The Patent Trial and Appeal Board (PTAB) has been criticized for making it easier to challenge patents, potentially leading to decreased investment in innovation[1]. Equity in Innovation Equity-related aspects of patent policy are gaining attention, particularly in ensuring that the benefits of innovation are distributed fairly. This includes considerations of how patent policies impact different groups and industries[1]. Patent Assertion Entities (PAEs) PAEs, often referred to as "patent trolls," play a significant role in the patent landscape. They acquire and assert patents, often without practicing the inventions themselves. Business Models of PAEs There are two main business models for PAEs: Litigation PAEs and Portfolio PAEs. Litigation PAEs primarily generate revenue through lawsuits, while Portfolio PAEs negotiate licenses for large portfolios of patents. Portfolio PAEs, despite being fewer in number, generate a significant portion of the revenue from PAE activities[4]. Case Study: United States Patent 11,298,293 Claim Analysis To analyze the claims of United States Patent 11,298,293, one must carefully examine the claim language, ensuring it meets the criteria of usefulness, novelty, and nonobviousness. Automated tools can be used to streamline this process and ensure compliance with statutory requirements. Patent Landscape Conducting a patent landscape analysis around this patent involves identifying the technology area, assessing patent saturation, and understanding the competitive landscape. This includes analyzing the patent portfolios of key players in the field and identifying trends and gaps in the existing patent landscape. Strategic Insights A thorough analysis provides strategic insights that can guide business and R&D decisions. For example, if the technology area is highly saturated, it may indicate the need to innovate in newer spaces or to acquire existing patents to strengthen the company's position. Key Takeaways Patent Claims: The claims of a patent are critical and must be carefully constructed and analyzed to ensure they meet the necessary criteria. Patent Landscape Analysis: This analysis is essential for understanding the broader patent environment and making strategic decisions. Current Issues: Patent policy faces several challenges, including subject matter eligibility, patent quality, and the role of PAEs. PAEs: Understanding the business models and activities of PAEs is crucial for navigating the patent landscape effectively. Strategic Decisions: A comprehensive analysis of patent claims and the patent landscape can help businesses make informed decisions about innovation and intellectual property strategy. FAQs Q: What are the key criteria for a patent to be granted? A: A patent must be useful, novel, and nonobvious, and it must claim patentable subject matter. Q: How does automated claims analysis help in the patent examination process? A: Automated claims analysis reduces the amount of information examiners need to review, improving the efficiency and accuracy of the patent examination process. Q: What is the purpose of patent landscape analysis? A: Patent landscape analysis provides a comprehensive view of the patent environment, helping businesses and R&D management make strategic decisions about innovation and technology development. Q: What are the two main business models of Patent Assertion Entities (PAEs)? A: The two main business models are Litigation PAEs, which generate revenue primarily through lawsuits, and Portfolio PAEs, which negotiate licenses for large portfolios of patents. Q: Why is it important to consider patent saturation in a technology area? A: High patent saturation can indicate mature technologies and the need to pivot to newer inventive spaces to maintain competitive advantage. Sources Congressional Research Service, "Patents and Innovation Policy," June 25, 2022. Google Patents, "Patent Claims Analysis System and Method," US20110138338A1. AcclaimIP, "Patent Landscape Analysis - Uncovering Strategic Insights." Federal Trade Commission, "Patent Assertion Entity Activity: An FTC Study." Government Accountability Office, "Intellectual Property: Patent Office Should Define Quality, Reassess Certain Procedures." More… ↓ ⤷ Subscribe

Details for Patent 11,298,293

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Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Emd Serono, Inc.	PERGONAL	menotropins	For Injection	017646	August 22, 1975	11,298,293
Emd Serono, Inc.	PERGONAL	menotropins	For Injection	017646	May 20, 1985	11,298,293
Eli Lilly And Company	HUMATROPE	somatropin	For Injection	019640	June 23, 1987	11,298,293
Eli Lilly And Company	HUMATROPE	somatropin	For Injection	019640	October 16, 1986	11,298,293
Eli Lilly And Company	HUMATROPE	somatropin	For Injection	019640	February 04, 1999	11,298,293
>Applicant	>Tradename	>Biologic Ingredient	>Dosage Form	>BLA	>Approval Date	>Patent No.	>Expiredate

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