Patent: 4,499,084

Summary for Patent: 4,499,084

Title:	Ara-A Antiviral composition and method of administering the same
Abstract:	There is disclosed an antiviral composition for treating herpes simplex virus disease and a method for administering the antiviral composition by topical application on the infected portion of the human body. The antiviral composition comprises a mixture of an antiviral agent, ara-A, and a solvent carrier medium, dimethyl sulfoxide.
Inventor(s):	Dixon; Glen J. (Stone Mountain, GA)
Application Number:	06/463,467
Patent Claims:	see list of patent claims

Comprehensive Analysis of the Claims and Patent Landscape for United States Patent 4,499,084

Introduction

United States Patent 4,499,084, though an older patent, still offers valuable insights into the patent landscape and the process of patent analysis. This article will delve into the claims of this patent, the broader patent landscape, and the implications for inventors, businesses, and policymakers.

Understanding the Patent

Patent Details

United States Patent 4,499,084, issued on February 12, 1985, is an example of a patent from the pre-digital era. To analyze this patent, one must consider the technological context of the time and the specific claims made.

Claims Analysis

The claims section of a patent is crucial as it defines the scope of the invention. For a comprehensive analysis, each claim must be examined for its novelty, non-obviousness, and utility. Here are some key points to consider:

• Claim Construction: The claims should be clear and concise, defining the invention without ambiguity. Any vagueness can lead to issues during patent prosecution or litigation[5].
• Novelty and Non-Obviousness: The claims must be novel and non-obvious over the prior art. This involves conducting thorough prior art searches to ensure the invention is new and not an obvious improvement over existing technologies[2].

Patent Landscape

Historical Context

Patents like 4,499,084 were filed and granted during a period of significant technological advancement. Understanding the historical context helps in assessing the impact and relevance of the patent.

• Technological Field: The patent's technology field is crucial. For instance, patents in fields like "Computers and Communications" or "Drugs and Medical Instruments" have seen significant changes and advancements over the years, affecting their validity and enforceability[1].

Allowance Rates

The probability of receiving a U.S. patent has varied over time and across different technology fields. Studies have shown that the allowance rate for patent applications has decreased, particularly in certain fields.

• Trends in Allowance Rates: Between 1996 and 2005, the allowance rate for patent applications decreased substantially, especially in fields like "Drugs and Medical Instruments" and "Computers and Communications"[1].

Competitor Analysis

Analyzing the patent landscape includes monitoring competitors' activities. This involves examining their patent portfolios to assess their strengths, weaknesses, and potential threats.

• Competitive Intelligence: By analyzing competitors' patents, businesses can identify areas of innovation, potential threats, and opportunities to expand their market share[2].

Strategic Implications

R&D Strategy

Patent analysis helps refine R&D strategies by identifying white spaces or areas with fewer patents, indicating potential opportunities for innovation.

• Identifying White Spaces: Analyzing patents in a particular field can reveal areas with limited patent activity, suggesting untapped opportunities for innovation[2].

Legal and Regulatory Compliance

Ensuring compliance with existing patents is crucial to avoid legal disputes.

• Freedom to Operate (FTO) Analysis: Conducting FTO analysis helps businesses determine whether their products or processes infringe on existing patents, thereby avoiding costly litigation[2].

Valuation and Licensing

Patents can be significant assets, and their valuation is essential for licensing, mergers, and acquisitions.

• Patent Valuation: Effective patent analysis helps in determining the economic value of patents, considering factors such as market size and potential licensing opportunities[2].

Risk Mitigation

Patent Assertion Entities (PAEs)

PAEs, also known as "patent trolls," can pose significant risks to businesses. Understanding their behavior is crucial for risk mitigation.

• PAE Business Models: PAEs often operate under two distinct models: Portfolio PAEs and Litigation PAEs. Each model has different strategies for generating revenue through patent assertion[3].

Litigation Risks

Litigation is a common outcome in patent disputes. Understanding the litigation behavior of PAEs and other entities can help businesses prepare.

• Litigation Behavior: Litigation PAEs are more likely to sue alleged infringers before negotiating licenses, while Portfolio PAEs often negotiate licenses without litigation[3].

Market Assessment

Competitive Landscape

Analyzing the competitive landscape involves identifying key players and their patent portfolios.

• Competitive Landscape Analysis: This helps businesses understand the market dynamics and barriers to entry, enabling informed decisions about market expansion[2].

Technology Transfer

Patent analysis facilitates the identification of technologies with commercial potential, aiding in technology transfer from research settings to the marketplace.

• Technology Transfer: Universities and research institutions use patent analysis to commercialize their research, transferring knowledge and technologies to the market[2].

Tools and Methods for Patent Analysis

Prior Art Searches

Conducting thorough prior art searches is essential to determine the novelty and non-obviousness of an invention.

• Prior Art Searching: Effective patent analysis involves identifying relevant prior art to assess the strength and potential enforceability of a patent[2].

Citation Analysis

Analyzing patent citations helps understand the importance of a patent within a technological field.

• Citation Analysis: This type of analysis can gauge the impact of a patent on subsequent innovations[2].

Patent Family Analysis

Analyzing patent families helps determine the geographical coverage of a patent.

• Patent Family Analysis: This involves tracking patents filed in multiple countries to understand the global reach of an invention[2].

Key Takeaways

• Claims Analysis: Clear and concise claims are essential for defining the scope of an invention.
• Patent Landscape: Understanding the historical context and technological field of a patent is crucial for assessing its impact.
• Competitor Analysis: Monitoring competitors' patent activities helps in identifying strengths, weaknesses, and potential threats.
• Strategic Implications: Patent analysis aids in refining R&D strategies, ensuring legal compliance, and valuing intellectual property.
• Risk Mitigation: Understanding PAE behavior and litigation risks is vital for protecting business interests.
• Market Assessment: Analyzing the competitive landscape and technology transfer opportunities helps in making informed business decisions.

FAQs

What is the significance of prior art searches in patent analysis?

Prior art searches are crucial to determine whether an invention is novel and non-obvious, which are key criteria for patentability. These searches help identify existing technologies that may affect the validity or patentability of a new invention[2].

How do Patent Assertion Entities (PAEs) impact businesses?

PAEs can significantly impact businesses by asserting patents against alleged infringers. They often operate under two models: Litigation PAEs, which frequently sue before negotiating licenses, and Portfolio PAEs, which negotiate licenses without litigation[3].

What is the role of patent analysis in R&D strategy?

Patent analysis helps refine R&D strategies by identifying white spaces or areas with fewer patents, indicating potential opportunities for innovation. It also provides insights into emerging trends and technological advancements, enabling businesses to stay competitive[2].

How does patent valuation impact business decisions?

Effective patent analysis helps in determining the economic value of patents, which is crucial for licensing, mergers and acquisitions, or seeking investment. It considers factors such as market size, potential licensing opportunities, and litigation risks[2].

What tools are available for objective patent application review?

Tools like LexisNexis PatentOptimizer® automate the patent review process, catching critical issues and providing valuable feedback to produce high-quality patent drafts. These tools help avoid procedural objections, Section 112 rejections, and other costly issues[5].

Sources

1. Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a US Patent? Yale Journal of Law & Technology, 17, 203-215.
2. Evalueserve. Patent Analysis.
3. Federal Trade Commission. (2016). Patent Assertion Entity Activity: An FTC Study.
4. Japan Patent Office. US-JP Collaborative Search Pilot Program.
5. LexisNexis IP. Patent Analysis Tools for Objective Application Review.

Details for Patent 4,499,084

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Hoffmann-la Roche Inc.	PEGASYS COPEGUS COMBINATION PACK	peginterferon alfa-2a and ribavirin		125083	June 04, 2004		2039-03-29
Schering Corporation A Subsidiary Of Merck & Co., Inc.	PEGINTRON/ REBETOL COMBO PACK	peginterferon alfa-2b and ribavirin		125196	June 13, 2008		2039-03-29