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Last Updated: December 23, 2024

Details for Patent: 10,201,541


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Which drugs does patent 10,201,541 protect, and when does it expire?

Patent 10,201,541 protects VIEKIRA XR and is included in one NDA.

Summary for Patent: 10,201,541
Title:Compositions and methods for treating HCV
Abstract: This disclosure is directed to pharmaceutical compositions that comprise two or more therapeutic agents that, inter alia, are useful for inhibiting hepatitis C virus (HCV) and methods for inhibiting HCV by co-administering two or more anti-HCV therapeutic agents.
Inventor(s): Collins; Christine A. (Skokie, IL), Cohen; Daniel E. (Highland Park, IL), Koev; Gennadiy (Libertyville, IL), Krishnan; Preethi (Gurnee, IL), Pilot-Matias; Tami J. (Green Oaks, IL)
Assignee: ABBVIE INC. (North Chicago, IL)
Application Number:15/398,390
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 10,201,541: A Detailed Analysis

Introduction

Patent 10,201,541, like any other patent, is a complex document that outlines the scope, claims, and innovations of a particular invention. To fully comprehend its significance, it is crucial to delve into the specifics of its claims, the patent landscape it operates within, and the broader implications for innovators and patent practitioners.

Patent Overview

Invention Description

United States Patent 10,201,541 describes an invention that, while specific to its field, must be analyzed within the context of current patent laws and guidelines. The patent typically includes a detailed description of the invention, its background, and the problems it solves.

Claims Analysis

The claims section is the heart of any patent, as it defines the scope of the invention and what is protected by the patent. Here, we need to examine each claim carefully:

Independent Claims

Independent claims stand alone and define the invention without reference to other claims. These claims are critical because they set the broadest boundaries of what is considered the invention[3].

Dependent Claims

Dependent claims, on the other hand, refer back to an independent claim and further limit the scope of the invention. These claims often add specific details or features that narrow down the invention's scope.

Subject Matter Eligibility

Judicial Exceptions and Practical Applications

The 2024 USPTO guidance update emphasizes the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. For a claim to be patent-eligible, it must go beyond mere abstract ideas or routine data processing. The claim must specify how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field[1].

Example Analysis

For instance, if the patent involves AI-related inventions, the claims must demonstrate how the AI is used in a practical application. This could involve specifying the use of AI in a real-time speech recognition system to enhance the accuracy of voice commands, as seen in the 2024 USPTO guidance examples. Such specificity transforms the abstract idea into patent-eligible subject matter by providing tangible benefits and technological improvements[1].

Patent Landscape

Prior Art and Search Tools

To understand the patent landscape, it is essential to conduct thorough prior art searches. Tools like the USPTO's Patent Public Search, Global Dossier, and resources from international intellectual property offices (such as the European Patent Office and the World Intellectual Property Organization) are invaluable for this purpose[4].

Global Patent System Integration

The global patent system is increasingly integrated, with services like the Common Citation Document (CCD) providing a single point of access to citation data from multiple offices. This integration helps in identifying prior art and ensuring that the invention is novel and non-obvious[4].

Enablement and Written Description

Guidelines for Enablement

The USPTO guidelines for assessing enablement in utility applications emphasize the need for the patent specification to provide sufficient information to enable a person of ordinary skill in the art to make and use the invention. This is crucial for ensuring that the claims are supported by the written description and that the invention is fully disclosed[2].

Practical Applications and Real-World Benefits

Claims must be enabled by the specification, meaning they must be supported by enough detail to allow for practical application. For example, if the patent involves a method for treating a medical condition, the specification must include enough information to enable a healthcare professional to administer the treatment effectively[1].

Industry Impact and Implications

Innovators and Patent Practitioners

For innovators, understanding the scope and claims of a patent like 10,201,541 is vital for avoiding infringement and ensuring that their own inventions are novel and non-obvious. Patent practitioners must also be aware of the latest USPTO guidelines and case law to draft claims that are likely to be patent-eligible[1].

Economic and Technological Benefits

Patents that meet the criteria for eligibility can drive significant economic and technological benefits. By protecting innovative ideas, patents incentivize investment in research and development, leading to advancements in various fields.

Case Law and Recent Developments

Incorporation of Recent Case Law

The 2024 USPTO guidance update incorporates recent case law to provide clearer guidelines on patent eligibility. This includes examples that illustrate how claims can be crafted to meet the criteria for patent eligibility, such as integrating judicial exceptions into practical applications[1].

AI-Assisted Inventions

The update also clarifies that AI-assisted inventions are evaluated on equal footing with other technologies, provided there is significant human contribution. This ensures that the use of AI as a tool does not exclude inventions from eligibility[1].

Key Takeaways

  • Practical Applications: Claims must integrate abstract ideas into practical applications to be patent-eligible.
  • Enablement: The patent specification must provide sufficient information to enable a person of ordinary skill in the art to make and use the invention.
  • Global Integration: The global patent system is increasingly integrated, facilitating comprehensive prior art searches.
  • AI-Assisted Inventions: AI-assisted inventions are evaluated based on the claimed invention itself, not the method of invention development.
  • Recent Case Law: The 2024 USPTO guidance update incorporates recent case law to provide clearer guidelines on patent eligibility.

FAQs

What is the significance of integrating judicial exceptions into practical applications in patent claims?

Integrating judicial exceptions into practical applications ensures that the claim goes beyond mere abstract ideas or routine data processing, making it patent-eligible by providing concrete benefits and technological improvements[1].

How does the 2024 USPTO guidance update impact AI-assisted inventions?

The update clarifies that AI-assisted inventions are evaluated on equal footing with other technologies, provided there is significant human contribution. This ensures that the use of AI as a tool does not exclude inventions from eligibility[1].

What tools are available for conducting prior art searches in the USPTO?

Tools such as the USPTO's Patent Public Search, Global Dossier, and resources from international intellectual property offices are available for conducting thorough prior art searches[4].

What is the importance of enablement in patent applications?

Enablement ensures that the patent specification provides sufficient information to enable a person of ordinary skill in the art to make and use the invention, supporting the claims and ensuring full disclosure of the invention[2].

How do recent case law and USPTO guidelines affect the drafting of patent claims?

Recent case law and USPTO guidelines provide clearer criteria for patent eligibility, helping practitioners draft claims that integrate judicial exceptions into practical applications and avoid common rejections, such as section 101 rejections[1].

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. Guidelines for Assessing Enablement in Utility Applications - Federal Register
  3. Patent Claims and Patent Scope - SSRN
  4. Search for patents - USPTO - USPTO
  5. Compositions and methods of use of ritonavir for treating HCV - PubChem

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Drugs Protected by US Patent 10,201,541

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Abbvie VIEKIRA XR dasabuvir sodium; ombitasvir; paritaprevir; ritonavir TABLET, EXTENDED RELEASE;ORAL 208624-001 Jul 22, 2016 DISCN Yes No 10,201,541 ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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