Patent: 8,187,612

Summary for Patent: 8,187,612

Title:	Use of the neurotoxic component of a botulinum toxin for treating a spastic muscle
Abstract:	A method and composition for treating a patient suffering from a disease, disorder or condition and associated pain include the administration to the patient of a therapeutically effective amount of a neurotoxin selected from a group consisting of botulinum toxin types A, B, C, D, E, F and G.
Inventor(s):	Aoki; Kei Roger (Coto De Caza, CA), Grayston; Michael W. (Irvine, CA), Carlson; Steven R. (San Mateo, CA), Leon; Judith M. (San Juan Capistrano, CA)
Assignee:	Allergan, Inc. (Irvine, CA)
Application Number:	10/726,904
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 8,187,612

Introduction to Patent Analysis

When analyzing a patent, particularly one like United States Patent 8,187,612, it is crucial to understand the various components of the patent document and the broader patent landscape. This analysis will delve into the key sections of the patent, the significance of each part, and how these elements interact within the patent system.

Understanding the Patent Document Structure

Front Page and Bibliographic Data

The front page of a U.S. patent, such as 8,187,612, contains essential bibliographic data identified by INID codes. These codes provide information like the document number, application number, date of application, date of patent, IPC classification, and national classification. For example, the code "54" indicates the title of the invention, while "57" provides a brief, non-technical abstract of the invention[1].

Specification

The specification is a detailed written description of the invention, including discussions of prior art, descriptions of the drawings, how the invention solves a specific technical problem, and the preferred embodiment of the invention. This section must be detailed enough for anyone with ordinary skill in the same technical field to understand and replicate the invention[1].

Drawings

The drawings section contains illustrations of the technical details of the invention. These drawings must conform to drafting guidelines set by the patent office and be labeled clearly to provide enough detail for the reader to understand the invention’s design and use[1].

Claims

The claims section is critical as it defines the scope of protection for the patent. Claims must particularly point out and distinctly define the subject matter that will be protected by the patent grant. They are the legal boundaries of the invention, similar to how a property deed defines physical boundaries[1][3].

Analyzing the Claims of U.S. Patent 8,187,612

Claim Structure

The claims in U.S. Patent 8,187,612 would follow a specific structure, starting with a preamble, followed by a transitional phrase, and then the body of the claim. For instance, a claim might read:

• "A portable electronic device, comprising: a first housing; a second housing coupled to the first housing and movable relative thereto between a closed position and an open position; an antenna positioned in the first housing; a low frequency shield coupled to the antenna and adapted to inhibit changes to the frequency response of the antenna when the portable electronic device is moved between the open position and the closed position; and a high frequency chassis resonator coupled to the low frequency shield and adapted to increase high frequency sensitivity of the antenna"[1].

Scope of Protection

The claims define what is protected by the patent, ensuring that the scope is neither too broad nor too narrow. Overly narrow characterizations can limit the scope of patented claims, while overly broad claims may be rejected due to prior art. The claims must be broad enough to hamper design-around attempts but narrow enough to avoid prior art[3].

Prior Art and Related Patents

Discussion of Prior Art

The specification includes a discussion of related prior art, which are previously issued patents and other publications relevant to the invention. This section helps in understanding how the current invention improves upon or differs from existing technologies[1].

Field of Search

The field of search section lists the classifications consulted by the patent examiner during the prior art search. This information is crucial for understanding the context in which the patent was granted and potential areas of overlap with other patents[1].

The Role of the USPTO

Patent Examination Process

The U.S. Patent and Trademark Office (USPTO) plays a critical role in examining patent applications to ensure they meet the requirements for patentability. The primary examiner reviews the application, and any issues or rejections are communicated to the applicant through Office actions[1][5].

Guidance on AI Tools

Recent guidance from the USPTO emphasizes the need for transparency when using AI tools in patent applications. If AI tools contribute significantly to the invention or drafting of the application, this must be disclosed to the USPTO to ensure that the contributions made by natural persons meet the criteria for inventorship[2].

Patent Rights and Protection

Exclusive Rights

Upon the grant of a patent, the patent holder gains exclusive rights to the patented invention, including the right to control production, use, sale, and importation of the invention in the United States. This exclusive right is a powerful tool for deterring patent infringement[5].

Enforcement and Disputes

The USPTO enforces federal law related to patents, and disputes are often adjudicated by the United States Court. The court system plays a significant role in determining the validity of patent claims and resolving disputes[5].

Impact on the Patent Landscape

Innovation and Competition

Patents like 8,187,612 contribute to the innovation landscape by providing legal protection for new and useful inventions. This protection encourages innovation by allowing inventors to recoup their investment in research and development. However, it also creates a competitive environment where companies must navigate around existing patents to avoid infringement[5].

Licensing and Collaboration

Patents can also facilitate licensing agreements and collaborations between companies. By protecting intellectual property, patents enable companies to share their innovations while ensuring they receive fair compensation[5].

Key Takeaways

• Detailed Specification: The specification must describe the invention in sufficient detail for anyone with ordinary skill in the same technical field to understand and replicate it.
• Claims Definition: Claims define the legal boundaries of the invention and must be broad enough to protect the invention but narrow enough to avoid prior art.
• Prior Art: Understanding prior art is crucial for distinguishing the current invention from existing technologies.
• USPTO Role: The USPTO plays a critical role in examining patent applications and ensuring compliance with patent laws.
• Exclusive Rights: Patent holders gain exclusive rights to their inventions, which is a powerful tool for deterring infringement.

FAQs

Q: What is the purpose of the specification in a patent document? A: The specification is a detailed written description of the invention, including discussions of prior art, descriptions of the drawings, how the invention solves a specific technical problem, and the preferred embodiment of the invention[1].

Q: How do claims define the scope of protection for a patent? A: Claims define the legal boundaries of the invention by particularly pointing out and distinctly defining the subject matter that will be protected by the patent grant[1][3].

Q: What is the role of the USPTO in patent examination? A: The USPTO examines patent applications to ensure they meet the requirements for patentability and enforces federal law related to patents[1][5].

Q: How does the use of AI tools impact patent applications? A: The use of AI tools must be disclosed to the USPTO if it is material to patentability, and practitioners must ensure that AI-generated content does not introduce inaccurate statements or omit material information[2].

Q: What are the exclusive rights granted to a patent holder? A: A patent holder has the exclusive right to control the production, use, sale, and importation of the patented invention in the United States[5].

Sources

1. How to Read a U.S. Patent - Patents and Designs - Research Guides[1]
2. U.S. Patent Office Issues Additional Guidance on Use of AI Tools - BIPC[2]
3. Drafting a Provisional Application - USPTO[3]
4. U.S. Patent and Trademark Office (USPTO) - USAGov[4]
5. What Is a Patent Law - And Why Does It Matter? - American Public University[5]

Details for Patent 8,187,612

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Solstice Neurosciences, Llc	MYOBLOC	rimabotulinumtoxinb	Injection	103846	December 08, 2000		2013-12-28