Patent: 9,834,605

Summary for Patent: 9,834,605

Title:	Antibodies to human programmed death receptor PD-1
Abstract:	Antibodies which block binding of hPD-1 to hPD-L1 or hPD-L2 and their variable region sequences are disclosed. A method of increasing the activity (or reducing downmodulation) of an immune cell through the PD-1 pathway is also disclosed.
Inventor(s):	Carven Gregory John, Van Eenenneem Hans, Dulos Gradus Johannes
Assignee:	Merck Sharpe & Dohme B.V.
Application Number:	US14576448
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 9,834,605

Introduction

Understanding the intricacies of a patent, particularly one like United States Patent 9,834,605, involves a thorough analysis of its claims and the broader patent landscape. This analysis is crucial for inventors, patent attorneys, and business strategists to navigate the complex world of intellectual property.

Understanding the Patent

United States Patent 9,834,605 is a utility patent that was granted on December 5, 2017. To analyze this patent, one must first understand its claims, which are the legal definitions of the invention.

Claims Analysis

• Independent Claims: These are the broadest claims in the patent and define the core invention. Analyzing these claims helps in understanding the scope of protection granted by the patent.
• Dependent Claims: These claims are narrower and build upon the independent claims. They often provide additional details or limitations that can help in distinguishing the invention from prior art.
• Claim Construction: The process of interpreting the meaning of the claims is critical. This involves understanding the terminology used, the context in which the terms are used, and any limitations or exceptions[5].

Patent Landscape Analysis

A comprehensive patent landscape analysis is essential to understand the position of the patent within its technological field.

Geographical Spread

• Analyzing the geographical distribution of patents related to the technology area of US Patent 9,834,605 can reveal where the innovation is most concentrated. This helps in identifying key markets and potential competitors[3].

Saturation of the Patent Space

• Determining the saturation level of the patent space involves assessing the number of existing and pending patents in the same technological area. A highly saturated space may indicate intense competition and limited opportunities for new entrants[3].

Time-Slicing and Trends

• Time-slicing involves analyzing the patent activity over different time periods. This can reveal trends, such as the rise or decline of certain technologies, and help in identifying areas that are becoming increasingly crowded or those that are emerging as new opportunities[3].

Competitor Analysis

• Identifying key competitors and new entrants in the patent space is vital. This involves analyzing the patent portfolios of other companies and identifying their focus areas, strengths, and weaknesses[3].

Subject Matter Eligibility

For patents, especially those involving advanced technologies like AI, subject matter eligibility is a critical issue.

The Two-Pronged Framework

• The USPTO uses a two-pronged framework under 35 U.S.C. § 101 to determine subject matter eligibility. Prong One checks if the claims recite abstract ideas, and Prong Two assesses whether the claims provide a specific, concrete technological advancement or solution to a technical problem[2].

Practical Applicability Analysis

• For AI-related inventions, demonstrating practical applicability under Prong Two is crucial. This involves showing that the claims are directed to a specific technological advancement or solution to a technical problem, rather than just an abstract idea[2].

Probability of Patent Allowance

Understanding the probability of a patent being granted is essential for strategic planning.

Overall Allowance Rates

• Studies have shown that only about 55.8% of patent applications filed at the USPTO are eventually granted without using continuation procedures. The allowance rate varies significantly across different technological fields, with fields like Drugs and Medical Instruments and Computers and Communications seeing lower allowance rates[1].

Application Characteristics

• The origin of the application (U.S. or foreign), the size of the entity filing the application (large or small), and the technology field can all impact the likelihood of a patent being granted. For example, small entities may face different challenges and have different success rates compared to large entities[1].

Tools and Resources for Analysis

Several tools and resources are available to aid in patent analysis.

Patent Search Tools

• The USPTO provides various tools such as the Public Search Facility, Patent and Trademark Resource Centers (PTRCs), and the Electronic Official Gazette to search and analyze patents. The Global Dossier and Common Citation Document (CCD) tools help in accessing related applications and prior art citations across multiple IP offices[4].

Patent Analytics

• Advanced patent analytics tools like LexisNexis PatentOptimizer can automate the review process, catch critical issues, and provide valuable feedback to produce high-quality patent drafts. These tools help in avoiding procedural objections, Section 112 rejections, and other costly mistakes[5].

Strategic Insights

A thorough patent landscape analysis can provide strategic insights that are crucial for business and R&D decisions.

Identifying Niche Areas

• Analyzing the patent landscape can help identify underappreciated niche areas that may offer opportunities for innovation and less competition. This can guide companies in deciding where to focus their research and development efforts[3].

Long-Term Decisions

• By understanding the saturation levels and trends in the patent space, companies can make informed long-term decisions about whether to continue investing in a particular technology area or to pivot to newer inventive spaces[3].

Key Takeaways

• Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of the patent.
• Patent Landscape: Analyzing the geographical spread, saturation, and trends in the patent space helps in identifying opportunities and competitors.
• Subject Matter Eligibility: Demonstrating practical applicability under the two-pronged framework is essential for overcoming section 101 rejections.
• Probability of Allowance: The likelihood of a patent being granted varies by technology field and application characteristics.
• Tools and Resources: Utilizing advanced patent search tools and analytics can enhance the quality and efficiency of patent applications.

FAQs

Q: What is the significance of the two-pronged framework in patent subject matter eligibility? A: The two-pronged framework under 35 U.S.C. § 101 helps determine if a patent claim is eligible by checking if it recites abstract ideas (Prong One) and if it provides a specific technological advancement or solution (Prong Two)[2].

Q: How does the geographical spread of patents impact business decisions? A: Understanding the geographical spread of patents helps companies identify key markets and potential competitors, guiding decisions on where to file patents and allocate resources[3].

Q: What is the role of patent analytics in improving patent quality? A: Patent analytics tools automate the review process, catch critical issues, and provide feedback to produce high-quality patent drafts, reducing the risk of costly mistakes and delays[5].

Q: How do continuation procedures affect the probability of patent allowance? A: Continuation procedures can increase the overall allowance rate of patent applications, but the base allowance rate without continuations is significantly lower, around 55.8% for utility patents[1].

Q: What are the benefits of conducting a comprehensive patent landscape analysis? A: A comprehensive patent landscape analysis helps in identifying opportunities, competitors, and trends, enabling companies to make informed strategic decisions about their IP and R&D investments[3].

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.
2. Baker Botts. (2024). The Importance of Prong Two of Step 2A for AI Inventions.
3. AcclaimIP. Patent Landscape Analysis - Uncovering Strategic Insights.
4. USPTO. (2018). Search for patents.
5. LexisNexis IP. (2021). Patent Analysis Tools for Objective Application Review.

Details for Patent 9,834,605

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Merck Sharp & Dohme Llc	KEYTRUDA	pembrolizumab	For Injection	125514	September 04, 2014		2034-12-19
Merck Sharp & Dohme Llc	KEYTRUDA	pembrolizumab	Injection	125514	January 15, 2015		2034-12-19