Patent: 5,904,922

Summary for Patent: 5,904,922

Title:	Treatment with polyvalent antivenom containing immunoglobulin which is greater than 50% venom-reactive
Abstract:	Antivenoms to snake, spider, scorpion and jelly fish venoms are produced for treatment of humans and animals, and for analytical use. Polyvalent antivenoms are produced containing immunoglobulin which is greater than fifty percent venom reactive. Purified polyvalent antivenom is derived from a first polyvalent antivenom having two or more monovalent subpopulations, and purified such that greater than fifty percent of the monovalent subpopulations are recovered by weight. The antivenoms can be horse or avian such as chicken antivenom. Chicken antivenom is obtained using a whole venom that is not glutaraldehyde pretreated, and the antivenom contains yolk immunoglobulin. Antivenoms are purified with an antigen matrix containing a single whole venom or a plurality of whole venoms covalently attached to an insoluble support such as aldehyde-activated agarose. Preferably, the whole venoms forming the plurality of whole venoms are selected from the four whole venoms of C. atrox, B. atrox, C. adamanteus and C. durissus terrificus. A combination of immobilized C. atrox and C. durissus terrificus whole venoms can substantially purify antivenom reactive with all four venoms. The antivenoms are intravenously injected to treat an envenomed mammalian subject.
Inventor(s):	Carroll; Sean B. (Cottage Grove, WI)
Assignee:	Ophidian Pharmaceuticals, Inc. (Madison, WI)
Application Number:	08/442,000
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 5,904,922

Introduction

United States Patent 5,904,922, granted on May 18, 1999, is a significant patent that has likely influenced its respective technology field. To conduct a comprehensive and critical analysis, we need to delve into the patent's claims, the broader patent landscape, and the implications of these elements.

Understanding the Patent Claims

Patent Details

• Patent Number: 5,904,922
• Grant Date: May 18, 1999
• Inventors: [Insert Inventors' Names]
• Assignee: [Insert Assignee's Name]
• Title: [Insert Patent Title]

To analyze the claims, it is crucial to understand what the patent protects. The claims section of a patent is the most critical part, as it defines the scope of the invention. Here, you would typically find detailed descriptions of the invention, including any limitations or specific embodiments.

Claim Analysis

• Independent Claims: These are the broadest claims that define the invention.
  • Analyze each independent claim to understand the core aspects of the invention.
  • Identify any key elements or limitations that narrow the scope of the claim.
• Dependent Claims: These claims are narrower and depend on one or more of the independent claims.
  • Determine how the dependent claims further specify the invention.
  • Assess whether these claims add significant value or merely provide minor variations.

Patent Landscape Analysis

Geographical Spread

• Global Impact: Determine if the patent has been filed or granted in other countries. This can be done through patent family searches[5].
• Regional Focus: Identify the primary regions where the technology is most relevant and where the patent has the most significant impact.

Saturation of the Patent Space

• Competitor Analysis: Use tools like PatentSight to identify competitors in the same technology space. This helps in understanding the market saturation and potential competition[5].
• Time-Slicing: Analyze the patent filings over time to see how the technology has evolved and whether the space is becoming more saturated[3].

New Entrants and Market Dynamics

• Emerging Players: Identify new entrants in the patent space to gauge the level of innovation and competition.
• Market Trends: Analyze trends in patent filings to understand the direction of technological advancements and market needs[5].

Strategic Insights from Patent Landscape Analysis

Identifying Key Players

• Competitors and Allies: Determine the key players in the technology space, including competitors and potential allies or partners. This can help in strategic decision-making for research and development, licensing, or partnerships[5].

Evaluating Patent Strength

• Competitive Impact: Use metrics like Competitive Impact to evaluate the strength of the patent and its significance in the industry. This involves analyzing citations, geographic protection, and market size[5].
• Portfolio Analysis: Assess the overall strength of the assignee's patent portfolio to understand their technological and market position.

Regulatory and Legal Considerations

Patent Trial and Appeal Board (PTAB)

• Inter Partes Review (IPR): Consider the potential for IPR challenges, which can affect the validity of the patent. PTAB procedures are faster and cheaper than federal court litigation but have a lower burden of proof for invalidating patents[2].
• Patent Quality: The AIA and PTAB aim to improve patent quality by weeding out poor-quality patents. This could impact the validity and enforceability of the patent in question.

Novelty and Nonobviousness

• Prior Art: Ensure that the claimed invention is novel and not obvious over the prior art. This is a fundamental requirement for patentability[2].
• Alice/Mayo Test: For patents involving abstract ideas or natural phenomena, the claims must have an "inventive concept" to be patentable[2].

Case Studies and Industry Impact

Real-World Applications

• Industry Adoption: Investigate how the patented technology has been adopted and implemented in the industry.
• Litigation History: Check if the patent has been involved in any litigation, and if so, the outcomes and implications.

Economic and Innovation Impact

• Innovation Stimulation: Assess whether the patent has stimulated further innovation in the field or if it has created barriers to entry for other inventors.
• Economic Benefits: Evaluate the economic benefits derived from the patent, including licensing revenues, market share, and job creation.

Key Takeaways

• Claim Scope: The claims of US Patent 5,904,922 define the invention's scope and are crucial for understanding its protection.
• Market Saturation: The patent landscape analysis reveals the level of competition and saturation in the technology space.
• Regulatory Compliance: Ensuring the patent meets novelty, nonobviousness, and other regulatory requirements is essential.
• Strategic Decisions: The analysis provides strategic insights for R&D, licensing, and partnerships.

FAQs

1. What is the significance of the claims section in a patent?

   • The claims section defines the scope of the invention and is the most critical part of the patent.

2. How does PTAB impact the validity of patents?

   • PTAB can challenge the validity of patents through IPR and PGR, providing a faster and cheaper alternative to federal court litigation with a lower burden of proof[2].

3. What is patent landscape analysis, and why is it important?

   • Patent landscape analysis provides a comprehensive view of the innovation in a technological field, helping in strategic decision-making for R&D, licensing, and partnerships[3][5].

4. How do you evaluate the strength of a patent?

   • Metrics like Competitive Impact, which consider citations, geographic protection, and market size, can be used to evaluate the strength of a patent[5].

5. What are the key regulatory requirements for patentability?

   • The invention must be novel, nonobvious, and not directed to ineligible subject matter. It must also meet the Alice/Mayo test if it involves abstract ideas or natural phenomena[2].

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Retrieved from https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
2. Congressional Research Service. (2024). The Patent Trial and Appeal Board and Inter Partes Review. Retrieved from https://crsreports.congress.gov/product/pdf/R/R48016
3. AcclaimIP. (n.d.). Patent Landscape Analysis - Uncovering Strategic Insights. Retrieved from https://www.acclaimip.com/patent-landscaping/patent-landscape-analysis-uncovering-strategic-insights/
4. RPX Corporation. (2024). Q3 in Review: US NPE Upswing Continues as UPC Comes Further into Focus. Retrieved from https://www.rpxcorp.com/blog_post/q3-in-review-us-npe-upswing-continues-as-upc-comes-further-into-focus/
5. LexisNexis IP. (2021). Patent Landscape Analysis. Retrieved from https://www.lexisnexisip.com/resources/patent-landscape-analysis/

Details for Patent 5,904,922

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Merck Sharp & Dohme Llc		antivenin (latrodectus mactans)	For Injection	101062	February 13, 1936		2016-05-18
Wyeth Pharmaceuticals Llc		antivenin (micrurus fulvius)	For Injection	101099	August 28, 1967		2016-05-18