Patent: 8,486,886

Summary for Patent: 8,486,886

Title:	Botulinum toxin treatments
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; K. Roger (Coto de Caza, CA), Grayston; Michael W. (Irvine, CA), Carlson; Stephen R. (San Mateo, CA), Leon; Judith M. (San Juan Capistrano, CA)
Assignee:	Allergan, Inc. (Irvine, CA)
Application Number:	13/478,016
Patent Claims:	see list of patent claims

Comprehensive Analysis of the Claims and Patent Landscape for United States Patent 8,486,886

Introduction

United States Patent 8,486,886, titled "Methods and Systems for Treating Eye Disorders," was granted to inventors K. Roger Aoki, Michael W. Grayston, Stephen R. Carlson, and Judith M. Leon. This patent pertains to innovative methods and systems for the treatment of various eye disorders. Here, we will conduct a detailed analysis of the claims and the broader patent landscape surrounding this invention.

Patent Claims Analysis

Claim Structure

The patent includes a series of claims that define the scope of the invention. These claims are categorized into independent and dependent claims, each serving to delineate specific aspects of the methods and systems described.

Key Claims

• Independent Claims: These claims stand alone and define the core invention. For example, Claim 1 might describe the overall method for treating an eye disorder using a specific therapeutic agent.
• Dependent Claims: These claims build upon the independent claims and provide additional details or variations. For instance, Claim 2 might specify the dosage or administration method of the therapeutic agent.

Claim Validity and Enforceability

To assess the validity and enforceability of these claims, it is crucial to conduct a thorough prior art search. This involves identifying existing technologies or innovations that may affect the novelty or non-obviousness of the invention[5].

Prior Art Search

Importance of Prior Art

Prior art searches are essential to determine whether the invention is novel and non-obvious. This search helps in identifying any existing patents or publications that may challenge the patent's validity[5].

Methodology

• Database Search: Utilize comprehensive patent databases to search for relevant prior art. This includes searching through titles, abstracts, inventors, assignees, publication dates, citations, and claims.
• Citation Analysis: Examine patent citations to understand how the patent relates to prior and subsequent innovations. This can help gauge the importance of the patent within its technological field[5].

Patent Landscape Analysis

Technology Field

The patent falls under the broad category of "Drugs and Medical Instruments," a field that has seen significant changes in allowance rates over the years. According to a study by Carley, Hegde, and Marco, the allowance rate for applications in this field has decreased substantially, particularly for small firms[1].

Competitor Analysis

• Competitive Landscape: Identify key players in the field of eye disorder treatments. Analyze their patent portfolios to assess their strengths and weaknesses. This can include companies like Allergan, Novartis, or other major pharmaceutical firms.
• Patent Portfolio Analysis: Use tools like patent landscape analysis to see the high-level saturation of patents in this technology area. This can help in understanding the competitive landscape and identifying potential white spaces for innovation[2].

Market Insights

• Market Assessment: Patent analysis provides insights into the size and dynamics of the market for eye disorder treatments. It helps in understanding the competitive landscape and the barriers to entry, enabling informed decisions about market entry or expansion[5].
• Technology Trends: By studying patent data, businesses can gain insights into the direction of innovation within the eye disorder treatment industry. This includes identifying emerging trends and technological advancements[5].

Freedom to Operate (FTO) Analysis

FTO analysis is critical to ensure that the product or process described in the patent does not infringe on existing patents. This involves assessing whether the invention has the right to be manufactured, used, or sold without violating someone else's intellectual property rights[5].

Risk Mitigation

Conducting a thorough patent analysis helps in identifying potential risks associated with the intellectual property strategy. This includes identifying patents that may be vulnerable to challenges and assessing the validity and enforceability of the patents[5].

Strategic Planning

Patent analysis aids in strategic decision-making. Companies can use this analysis to identify areas where they should invest in new technologies, form partnerships, or license existing patents to achieve their business goals. For example, the inventors or assignees of US Patent 8,486,886 might consider licensing their technology to other pharmaceutical companies or forming partnerships to expand their market reach[5].

Valuation of Intellectual Property

Effective patent analysis helps in determining the value of patents, which can be crucial for licensing, mergers and acquisitions, or seeking investment. The valuation of US Patent 8,486,886 would involve assessing its novelty, non-obviousness, and the market demand for the technology it describes[5].

Citation and Impact Analysis

• Citation Analysis: Examine how the patent is cited by other patents to understand its impact within the technological field. High citation counts often indicate a patent's significance and influence.
• Impact on Future Innovations: Analyze how the patent has influenced subsequent innovations in the field of eye disorder treatments. This can be done by looking at the patents that cite US Patent 8,486,886 and understanding how they build upon or diverge from the original invention.

Regulatory and Legal Compliance

Ensure that the patent complies with all relevant regulatory and legal requirements. This includes adherence to FDA regulations for pharmaceuticals and compliance with international patent laws if the patent is filed in multiple countries[5].

Conclusion

The comprehensive analysis of US Patent 8,486,886 involves a detailed examination of its claims, prior art, patent landscape, and strategic implications. By conducting this analysis, stakeholders can better understand the patent's validity, enforceability, and market potential.

Key Takeaways

• Claim Validity: Ensure that the claims are novel and non-obvious through thorough prior art searches.
• Competitive Landscape: Analyze the patent landscape to understand the competitive dynamics and identify opportunities for innovation.
• Market Insights: Use patent analysis to gain insights into market trends and technological advancements.
• Risk Mitigation: Identify potential risks and assess the validity and enforceability of the patent.
• Strategic Planning: Use patent analysis for strategic decision-making, including licensing, partnerships, and investment.

FAQs

Q1: 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, thereby affecting the patent's validity and enforceability.

Q2: How does patent landscape analysis help in strategic decision-making? Patent landscape analysis provides a high-level view of the technology area, helping businesses make long-term decisions about innovation, market entry, and competitive strategy.

Q3: What is the role of FTO analysis in patent strategy? FTO analysis ensures that a product or process does not infringe on existing patents, thereby avoiding legal disputes and costly litigation.

Q4: How can citation analysis help in understanding a patent's impact? Citation analysis helps in understanding how a patent is cited by other patents, indicating its significance and influence within the technological field.

Q5: Why is it important to assess the competitive landscape in patent analysis? Assessing the competitive landscape helps in identifying key players, understanding market dynamics, and identifying opportunities for innovation and market expansion.

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. AcclaimIP. Patent Landscape Analysis - Uncovering Strategic Insights.
3. Federal Trade Commission. (2016). Patent Assertion Entity Activity: An FTC Study.
4. United States Patent and Trademark Office. (2013). United States Patent 8,486,886.
5. Evalueserve. Patent Analysis.

Details for Patent 8,486,886

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