You're using a free limited version of DrugPatentWatch: Upgrade for Complete Access

Last Updated: December 27, 2024

Details for Patent: 10,076,526


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 10,076,526
Title:Ocular implant made by a double extrusion process
Abstract: The invention provides biodegradable implants sized for implantation in an ocular region and methods for treating medical conditions of the eye. The implants are formed from a mixture of hydrophilic end and hydrophobic end PLGA, and deliver active agents into an ocular region without a high burst release.
Inventor(s): Shiah; Jane-Guo (Irvine, CA), Bhagat; Rahul (Irvine, CA), Blanda; Wendy M. (Tustin, CA), Nivaggioli; Thierry (Atherton, CA), Peng; Lin (South San Francisco, CA), Chou; David (Palo Alto, CA), Weber; David A. (Danville, CA)
Assignee: Allergan, Inc. (Irvine, CA)
Application Number:14/949,454
Patent Claim Types:
see list of patent claims
Use; Compound; Device;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 10,076,526: A Comprehensive Analysis

Introduction to Patent 10,076,526

To delve into the specifics of United States Patent 10,076,526, it is crucial to understand the broader context of the U.S. patent system and the criteria for patent eligibility. Here, we will analyze the scope, claims, and the patent landscape surrounding this particular patent.

The U.S. Patent System Overview

The U.S. Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks. The patent system is designed to encourage innovation by providing exclusive rights to inventors for their inventions[1].

Patent-Eligible Subject Matter

Patent-eligible subject matter is defined under Section 101 of the Patent Act, which includes "any new and useful process, machine, manufacture, or composition of matter." However, judicially developed exceptions have narrowed the scope of patent eligibility, particularly in cases involving business methods, natural phenomena, and abstract ideas[2].

The Alice/Mayo Framework

The Supreme Court's decisions in Alice Corp. v. CLS Bank and Mayo Collaborative Services v. Prometheus Labs. have significantly impacted the patent landscape. These decisions established a two-step test to determine patent eligibility: first, whether the claims are directed to an ineligible concept, and second, whether the claims contain an inventive concept that transforms the ineligible concept into something more[2].

Patent Claims and Scope

Patent claims define the scope of the invention and are critical in determining the patent's validity and enforceability. Metrics such as independent claim length and independent claim count can be used to measure patent scope. Narrower claims are often associated with a higher probability of grant and a shorter examination process[3].

The Specifics of Patent 10,076,526

Patent Title and Abstract

To analyze the scope and claims of Patent 10,076,526, one must start with the patent's title and abstract. While the specific details of this patent are not provided in the sources, a typical analysis would involve reviewing the abstract to understand the invention's purpose and the problems it solves.

Claims Analysis

The claims section of a patent is where the inventor defines the boundaries of their invention. Here, you would look at the independent and dependent claims to understand what is being patented. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.

Claim Construction

Claim construction is a critical step in understanding the scope of the patent. This involves interpreting the language of the claims to determine their meaning and how they relate to the prior art. The courts often use a combination of intrinsic evidence (the patent specification and prosecution history) and extrinsic evidence (external sources) to construct the claims[5].

Prior Art and Novelty

To assess the patent's validity, one must consider the prior art and whether the invention is novel and non-obvious. This involves searching patent databases, such as those provided by the USPTO and international patent offices, to identify any existing inventions that may be similar[4].

Patent Landscape and Industry Impact

Technological Field

Understanding the technological field in which the patent operates is essential. For example, patents in emerging fields like artificial intelligence (AI) and biotechnology face unique challenges under the current patent eligibility framework. The USPTO has reported that the Alice/Mayo framework has differentially impacted AI technologies, making it harder to secure patents in these areas[2].

Litigation and Enforcement

Patent litigation can significantly affect the patent's scope and claims. Cases like Mobile Acuity Ltd. v. Blippar Ltd. illustrate how courts interpret patent eligibility under Section 101 and how these interpretations can invalidate patent claims[5].

Economic and Strategic Implications

Licensing and Litigation Costs

The scope and claims of a patent can influence licensing and litigation costs. Broader, less clear claims can lead to increased costs due to the potential for more frequent litigation and licensing disputes[3].

Innovation Incentives

The patent system's ability to incentivize innovation depends on the clarity and validity of patent claims. Narrower, well-defined claims can provide clearer boundaries, encouraging further innovation by reducing the risk of litigation[3].

International Patent Considerations

Cooperative Patent Classification (CPC)

The Cooperative Patent Classification (CPC) system allows for the classification of patents across different jurisdictions, facilitating international patent searches and comparisons. This is particularly useful for understanding how similar inventions are treated in other countries[4].

Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) enables inventors to seek patent protection in multiple countries through a single application. This can impact the global scope and enforcement of a patent like 10,076,526[4].

Key Takeaways

  • Patent Eligibility: The scope of patent eligibility is defined by Section 101 of the Patent Act and has been narrowed by judicial decisions such as Alice and Mayo.
  • Claim Construction: The language of the claims is crucial in defining the invention's boundaries.
  • Prior Art: Searching prior art is essential to determine the novelty and non-obviousness of the invention.
  • Technological Field: The patent's technological field can influence its validity and enforcement, especially in emerging fields like AI.
  • Litigation and Licensing: Clear and narrow claims can reduce litigation and licensing costs, promoting innovation.

FAQs

What is the role of the USPTO in the patent process?

The USPTO is responsible for granting U.S. patents and registering trademarks, ensuring that inventions meet the criteria for patent eligibility.

How does the Alice/Mayo framework affect patent eligibility?

The Alice/Mayo framework is a two-step test that determines whether patent claims are directed to an ineligible concept and whether they contain an inventive concept that transforms the ineligible concept.

What metrics can be used to measure patent scope?

Metrics such as independent claim length and independent claim count can be used to measure patent scope and predict the likelihood of patent grant and examination duration.

How does prior art affect patent validity?

Prior art is used to determine whether an invention is novel and non-obvious, which are critical criteria for patent validity.

What is the impact of broader claims on innovation?

Broader claims can lead to increased licensing and litigation costs, potentially diminishing the incentives for innovation due to the uncertainty and costs associated with enforcing such patents.

Sources

  1. U.S. Patent and Trademark Office (USPTO) | USAGov
  2. Patent-Eligible Subject Matter Reform: An Overview - CRS Reports
  3. Patent Claims and Patent Scope - Search eLibrary :: SSRN
  4. Research and Course Guides: Patent Searching, Advanced: Overview - Clemson University
  5. MOBILE ACUITY LTD. v. BLIPPAR LTD. - U.S. Court of Appeals for the Federal Circuit

More… ↓

⤷  Subscribe


Drugs Protected by US Patent 10,076,526

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 10,076,526

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1581193 ⤷  Subscribe C300552 Netherlands ⤷  Subscribe
European Patent Office 1581193 ⤷  Subscribe 122012000081 Germany ⤷  Subscribe
European Patent Office 1581193 ⤷  Subscribe SPC/GB12/047 United Kingdom ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.