Patent: 8,945,869

Summary for Patent: 8,945,869

Title:	Factor VIII glycoforms
Abstract:	The invention concerns glycosylated proteins having human factor VIII activity. In a preferred embodiment, the protein is glycosylated with oligosaccharides that include an alpha-(2,6)-linked sialic acid and a bisecting GlcNAc linked to a core beta-mannose.
Inventor(s):	Cho; Myung-Sam (Pinole, CA), Chan; Sham-Yuen (El Sobrante, CA)
Assignee:	Bayer Healthcare LLC (Whippany, NJ)
Application Number:	13/482,326
Patent Claims:	see list of patent claims

Analyzing the Scope and Claims of United States Patent 8,945,869

To conduct a detailed analysis of the scope and claims of a specific patent, such as United States Patent 8,945,869, it is essential to understand several key aspects of patent law, the patent itself, and the broader patent landscape.

Understanding the Patent System

Role of the USPTO

The U.S. Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks. It provides various tools and resources for searching and analyzing patents, including the Patent Public Search tool and the Global Dossier service[2][4].

Patent Scope and Claims

Defining Patent Scope

Patent scope is a critical aspect of patent law, often debated in terms of "patent quality." It can be measured using metrics such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of patent claims[3].

Analyzing Claims

To analyze the claims of a patent, one must look at the independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations. The clarity and specificity of these claims are crucial for determining the patent's validity and enforceability.

Case Study: United States Patent 8,945,869

Patent Details

• Title and Abstract: The first step is to review the title and abstract of the patent to understand the general nature of the invention.
• Claims: Analyze the independent and dependent claims to determine the scope of the invention. This includes identifying the key elements and limitations of the claims.
• Description: The detailed description section provides a comprehensive explanation of the invention, including drawings and examples.

Claim Construction

Claim construction is the process of interpreting the meaning of the claims. This involves understanding the terminology used, the context in which the terms are used, and any specific definitions provided in the patent.

Prior Art and Novelty

To assess the novelty of the invention, it is necessary to conduct a prior art search. This involves looking at existing patents, published patent applications, and other relevant documents to ensure that the invention is new and non-obvious[4].

Determining Inventorship

Legal Aspects of Inventorship

Inventorship is a legal matter that requires the identification of the "true and only" inventors. This involves determining who conceived the idea and reduced it to practice. Errors in inventorship can lead to invalid or unenforceable patents[5].

Patent Landscape Analysis

Industry Context

Understanding the industry context in which the patent operates is crucial. This includes analyzing competitors, market trends, and the technological landscape.

Patent Family and Citations

Using tools like the Global Dossier and Common Citation Document (CCD), one can analyze the patent family and citations to understand the broader patent landscape. This helps in identifying related applications and prior art cited by different patent offices[4].

Litigation and Enforcement

Reviewing any litigation or enforcement actions related to the patent can provide insights into its validity and the challenges it may face. This includes looking at court decisions and any disputes over inventorship or claim construction[5].

Key Metrics for Patent Analysis

Independent Claim Length and Count

These metrics can help in assessing the breadth and clarity of the patent claims. Narrower claims are often associated with a higher probability of grant and a shorter examination process[3].

Forward Citations and Patent Maintenance Payments

Forward citations indicate the impact of the patent on subsequent inventions, while patent maintenance payments reflect the ongoing value and relevance of the patent.

Examples and Statistics

Historical Context of Strength Training Equipment

For example, in the context of strength training equipment, a study analyzing patent applications before 1980 found that the majority of inventions were by men, with Lloyd J. Lambert, Jr. being the most prolific inventor. Common features included seats or benches, cable-pulley systems, and weight stacks. These inventions were often designed to be adjustable, inexpensive, simple to use, and compact[1].

Impact of Patent Scope on Innovation

A broader patent scope can sometimes lead to increased licensing and litigation costs, potentially diminishing the incentives for innovation. However, narrower claims can facilitate a smoother examination process and higher grant rates[3].

Key Takeaways

• Patent Scope and Claims: Understanding the scope and claims of a patent is crucial for determining its validity and enforceability.
• Inventorship: Correctly identifying the true and only inventors is essential to avoid legal issues.
• Prior Art and Novelty: Conducting thorough prior art searches ensures the novelty of the invention.
• Patent Landscape: Analyzing the patent family, citations, and industry context provides a comprehensive view of the patent's position.
• Metrics for Analysis: Using metrics like independent claim length and count, forward citations, and patent maintenance payments helps in evaluating the patent's impact and value.

FAQs

What is the role of the USPTO in patent granting?

The USPTO is responsible for granting U.S. patents and registering trademarks, providing various tools and resources for searching and analyzing patents.

How is patent scope measured?

Patent scope can be measured using metrics such as independent claim length and independent claim count, which help in assessing the breadth and clarity of patent claims.

Why is correct inventorship important?

Correct inventorship is crucial because errors can lead to invalid or unenforceable patents, and it is a legal matter that requires identifying the "true and only" inventors.

What tools are available for prior art searches?

Tools like the Patent Public Search, Global Dossier, and Common Citation Document (CCD) are available for conducting prior art searches and analyzing the patent landscape.

How does patent scope affect innovation?

A broader patent scope can increase licensing and litigation costs, potentially diminishing innovation incentives, while narrower claims can facilitate a smoother examination process and higher grant rates.

What are the key metrics for evaluating a patent's impact?

Key metrics include independent claim length and count, forward citations, and patent maintenance payments, which help in assessing the patent's breadth, clarity, impact, and ongoing value.

Sources

1. Nuzzo, JL. Content analysis of patent applications for strength training equipment filed in the United States before 1980. J Strength Cond Res 35(10): 2952-2962, 2021.
2. U.S. Patent and Trademark Office (USPTO). USAGov.
3. Patent Claims and Patent Scope. SSRN.
4. Search for patents - USPTO.
5. Determining Inventorship for US Patent Applications. Oregon State University.

Details for Patent 8,945,869

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Octapharma Pharmazeutika Produktionsges.m.b.h.	OCTAPLAS	pooled plasma (human), solvent/detergent treated	For Injection	125416	January 17, 2013	8,945,869	2018-12-10