Understanding the Scope and Claims of United States Patent 11,027,031
Introduction
United States Patent 11,027,031, issued to ANMI S.A., is a significant patent in the field of medical diagnostics, particularly involving radiolabelling techniques. This patent protects a kit for radiolabelling a targeting agent with gallium-68, a method crucial in various medical imaging procedures.
Patent Basics and Structure
Document Number and Type
The patent number, 11,027,031, indicates that it is a U.S. patent, with the prefix "US" and the code "B2" signifying that it has a previously published application[4].
Title and Abstract
The title of the invention is "Kit for radiolabelling," and the abstract provides a brief, non-technical description of the invention. It outlines the kit's purpose and its use in radiolabelling a targeting agent with gallium-68[5].
Inventors and Assignee
The inventors listed are Wouters Ludovic, Kaisin Geoffroy, Luxen André, Léonard Marc, and Voccia Samuel. The assignee, or the owner of the patent at the time of issuance, is ANMI S.A.[5].
Claims and Scope of Protection
Claim Structure
The claims section is crucial as it defines the legal boundaries of the invention. The patent includes multiple claims, each starting with phrases such as "I claim" or "What is claimed." These claims must be anchored to the embodiments described in the specification to avoid invalidation[3][4].
Specific Claims
The patent claims cover the kit for radiolabelling, the method for radiolabelling a targeting agent with gallium-68, and the use of the kit. For example, the claims might include detailed descriptions of the components of the kit, the process of radiolabelling, and any specific conditions or steps involved in the method[5].
Specification and Drawings
Written Description
The specification provides a detailed written description of the invention, including discussions of related prior art, descriptions of the drawings, how the invention solves a specific technical problem, and the preferred embodiment of the invention. This section ensures that anyone with ordinary skill in the same technical field can understand and replicate the invention[4].
Drawings
The drawings section contains black and white illustrations that technically detail the invention. These drawings are essential for visualizing the components and processes described in the specification[4].
Patent Expiration and Legal Activities
Expiration Date
The patent is set to expire on July 28, 2035, which is approximately 20 years from the date of filing. However, this date can be subject to change based on various legal activities such as term extensions, amendments to claims, or other patent office actions[2][5].
Recent Legal Activities
Recent activities on this patent include changes in power of attorney, recordation of the patent grant, and issue fee payments. These activities are critical in tracking the patent's status and any potential changes to its expiration date[2].
Patent Landscape and Market Impact
International Protection
While the patent provides exclusivity within the United States, it is also protected by patents in multiple countries. Understanding the broader patent landscape is crucial for strategizing market entry and identifying potential generic entry points in regions with weaker patent protection[2].
Generic Launch
The estimated generic launch date for Illuccix, a drug related to this patent, is July 28, 2035. This date is subject to change based on ongoing patent filing activities or exclusivity additions. Tracking these activities helps in predicting when a generic version of the drug might become available[2][5].
Importance of Claim Scope
Avoiding Overly Broad Claims
It is important to ensure that the claim scope is not overly broad, as this can lead to invalidation due to the abstract idea exception or failure to meet the written description requirement. The claims must be anchored to the specific embodiments described in the specification to maintain their validity[3].
Risk of Invalidation
Overly broad claims can be invalidated if they are deemed to preempt an abstract idea or fail to provide a specific means or method that improves the relevant technology. This highlights the need for precise and well-defined claims that align with the disclosed embodiments[3].
Conclusion
United States Patent 11,027,031 is a critical patent in the field of radiolabelling, providing exclusive rights to ANMI S.A. for a kit and method involving gallium-68. Understanding the claims, specification, and drawings of this patent is essential for both the patent holder and potential competitors. The patent's expiration date and ongoing legal activities must be closely monitored to anticipate any changes in the patent landscape.
Key Takeaways
- Patent Number and Type: US 11,027,031, a U.S. patent with a previously published application.
- Inventors and Assignee: Inventors include Wouters Ludovic, Kaisin Geoffroy, Luxen André, Léonard Marc, and Voccia Samuel; assignee is ANMI S.A.
- Claims and Scope: Covers the kit for radiolabelling, the method for radiolabelling, and the use of the kit.
- Specification and Drawings: Detailed written description and black and white drawings illustrating the invention.
- Expiration Date: July 28, 2035, subject to change based on legal activities.
- International Protection: Protected by patents in multiple countries.
- Importance of Claim Scope: Claims must be precise and anchored to the specification to avoid invalidation.
FAQs
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What is the main subject of United States Patent 11,027,031?
- The main subject is a kit for radiolabelling a targeting agent with gallium-68 and the method for using this kit.
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Who are the inventors of this patent?
- The inventors are Wouters Ludovic, Kaisin Geoffroy, Luxen André, Léonard Marc, and Voccia Samuel.
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What is the expiration date of this patent?
- The patent is set to expire on July 28, 2035, subject to change based on legal activities.
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Why is it important to avoid overly broad claims in a patent?
- Overly broad claims can be invalidated due to the abstract idea exception or failure to meet the written description requirement.
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How does the patent landscape affect the generic launch of related drugs?
- The patent landscape, including international protection and ongoing legal activities, influences the estimated generic launch date and potential generic entry points in regions with weaker patent protection.
Sources
- USPTO - Patents
- Pharsight - Illuccix patent expiration
- Rimon Law - Importance of Getting the Claim Scope Right in a US Patent Application
- Queens University Library - How to Read a U.S. Patent
- Drugs.com - Generic Illuccix Availability
