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Last Updated: December 26, 2024

Patent: 5,383,865

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Summary for Patent: 5,383,865

Patent Claims:	see list of patent claims
Patent landscape, scope, and claims summary:	Analyzing the Claims and Patent Landscape of United States Patent 5,383,865 Introduction United States Patent 5,383,865, hereafter referred to as the '865 patent, is a significant patent that has contributed to the development of various technologies. To conduct a comprehensive and critical analysis, we need to delve into the claims of the patent, its historical context, the current patent landscape, and the implications of recent legal and regulatory changes. Historical Context and Background The '865 patent was granted in the mid-1990s, a period of rapid technological advancement. Understanding the historical context in which this patent was filed and granted is crucial for appreciating its significance and the challenges it faced. Claims Analysis Claim Structure and Scope The claims of the '865 patent define the scope of the invention and are critical in determining its validity and enforceability. Each claim must be analyzed for its specificity, breadth, and the technological advancements it claims to introduce. Patentability and Validity To assess the patentability of the '865 patent, one must consider whether the claims meet the criteria of novelty, non-obviousness, and utility. This involves examining prior art and determining if the invention was a significant improvement over existing technologies at the time of filing[2]. Obviousness-Type Double Patenting (ODP) In cases where multiple patents are derived from the same application or family, ODP analysis becomes relevant. This ensures that the same invention is not patented multiple times, which could lead to extended patent terms and potential abuse. The Federal Circuit has provided guidance on ODP, emphasizing that such analysis must be performed to prevent the invalidation of claims[1]. Patent Landscape Analysis Geographical Spread Understanding the geographical distribution of patents related to the '865 patent can provide insights into the global impact and adoption of the technology. This involves analyzing patent data from various regions to identify hotspots of innovation and potential competitors[4]. Saturation of the Patent Space Determining the saturation level of the patent space related to the '865 patent is essential. A highly saturated space may indicate intense competition and limited opportunities for new entrants, while less saturated areas might offer more room for innovation and patenting[3]. New Entrants and Market Dynamics Identifying new entrants into the patent space can reveal trends and shifts in the market. This analysis helps in understanding the competitive landscape and potential threats or opportunities arising from new players[3]. Time-Slicing and Historical Trends Analyzing the patent landscape over time (time-slicing) can reveal how the technology has evolved, what changes have occurred, and why certain trends have emerged. This historical perspective is vital for strategic decision-making[3]. Impact of Recent Legal and Regulatory Changes America Invents Act (AIA) The AIA, enacted in 2011, introduced significant changes to U.S. patent law, including the creation of the Patent Trial and Appeal Board (PTAB) and new administrative challenges like Inter Partes Review (IPR) and Post-Grant Review (PGR). These changes have affected how patent validity is challenged and have implications for the '865 patent if it were to be re-examined under these new procedures[2]. USPTO Guidance Updates Recent updates to USPTO guidance, particularly those related to AI and software patents, have refined the process for determining patent eligibility. These updates emphasize the integration of judicial exceptions into practical applications and provide new examples to guide practitioners. While the '865 patent predates these updates, understanding these changes is crucial for any ongoing or future patent strategies related to this technology[5]. Strategic Insights and Decision-Making Competitive Analysis A comprehensive patent landscape analysis helps in identifying competitors, their strengths, and weaknesses. This information is critical for strategic decision-making, such as determining where to file patents geographically and how to navigate highly saturated patent spaces[3]. Innovation and R&D Understanding the patent landscape can guide R&D efforts by highlighting underappreciated niche areas and emerging trends. This can help in pivoting to newer inventive spaces as older technologies become saturated[3]. Litigation and Enforcement The analysis of the '865 patent's claims and the broader patent landscape can inform litigation strategies and enforcement actions. Knowing the validity and scope of the patent claims is essential for defending against challenges or asserting the patent against infringers[2]. Case Law and Judicial Precedents Recent case law, such as decisions from the Federal Circuit, has provided clarity on various aspects of patent law, including ODP and subject matter eligibility. These precedents are crucial in interpreting the validity and enforceability of the '865 patent claims[1][2]. Key Takeaways Claims Analysis: The claims of the '865 patent must be scrutinized for specificity, breadth, and technological advancements. Patent Landscape: Understanding the geographical spread, saturation, and historical trends of the patent space is vital for strategic decision-making. Legal and Regulatory Changes: Recent updates to USPTO guidance and the AIA have significant implications for patent validity and enforcement. Competitive Analysis: Identifying competitors and their strategies is crucial for navigating the patent landscape. Innovation and R&D: The analysis can guide R&D efforts by highlighting emerging trends and underappreciated niche areas. FAQs Q: What is the significance of Obviousness-Type Double Patenting (ODP) in patent analysis? A: ODP analysis ensures that the same invention is not patented multiple times, preventing extended patent terms and potential abuse. It is particularly relevant for patents derived from the same application or family[1]. Q: How does the America Invents Act (AIA) impact patent challenges? A: The AIA introduced new administrative challenges like IPR and PGR, which provide faster, cheaper, and more efficient means to adjudicate patent validity issues compared to federal court litigation[2]. Q: What are the key aspects of the 2024 USPTO guidance update on AI patents? A: The update refines the process for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and providing new examples tailored to AI technologies[5]. Q: Why is patent landscape analysis important for business and R&D management? A: It helps in making long-term decisions about technology investments, identifying competitors, and navigating highly saturated patent spaces. It also guides R&D efforts by highlighting emerging trends and underappreciated niche areas[3]. Q: How do recent USPTO guidance updates affect the patentability of software and AI inventions? A: The updates provide more tools to evaluate patentability, focusing on whether claims integrate judicial exceptions into practical applications and offering examples to guide practitioners in drafting patent-eligible claims[5]. Sources In re Cellect - United States Court of Appeals for the Federal Circuit, August 28, 2023. The Patent Trial and Appeal Board and Inter Partes Review - Congressional Research Service, June 29, 2023. Patent Landscape Analysis - AcclaimIP. Invention, Knowledge Transfer, and Innovation - National Science Foundation, March 8, 2022. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz, July 25, 2024. More… ↓ ⤷ Subscribe

Details for Patent 5,383,865

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Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Eli Lilly And Company	HUMATROPE	somatropin	For Injection	019640	June 23, 1987	⤷ Subscribe
Eli Lilly And Company	HUMATROPE	somatropin	For Injection	019640	October 16, 1986	⤷ Subscribe
Eli Lilly And Company	HUMATROPE	somatropin	For Injection	019640	February 04, 1999	⤷ Subscribe
>Applicant	>Tradename	>Biologic Ingredient	>Dosage Form	>BLA	>Approval Date	>Patent No.	>Expiredate

International Patent Family for US Patent 5,383,865

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Country	Patent Number	Estimated Expiration
South Africa	941579	⤷ Subscribe
Yugoslavia	11294	⤷ Subscribe
Ukraine	26866	⤷ Subscribe
Taiwan	267945	⤷ Subscribe
Slovenia	0615762	⤷ Subscribe
Russian Federation	94007352	⤷ Subscribe
>Country	>Patent Number	>Estimated Expiration

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