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Last Updated: December 22, 2024

Details for Patent: 11,219,596


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Which drugs does patent 11,219,596 protect, and when does it expire?

Patent 11,219,596 protects EYSUVIS and is included in one NDA.

This patent has sixty-five patent family members in twelve countries.

Summary for Patent: 11,219,596
Title:Compositions and methods for ophthalmic and/or other applications
Abstract: Particles, compositions, and methods that aid particle transport in mucus are provided. The particles, compositions, and methods may be used, in some instances, for ophthalmic and/or other applications. In some embodiments, the compositions and methods may involve modifying the surface coatings of particles, such as particles of pharmaceutical agents that have a low aqueous solubility. Such compositions and methods can be used to achieve efficient transport of particles of pharmaceutical agents though mucus barriers in the body for a wide spectrum of applications, including drug delivery, imaging, and diagnostic applications. In certain embodiments, a pharmaceutical composition including such particles is well-suited for ophthalmic applications, and may be used for delivering pharmaceutical agents to the front of the eye and/or the back of the eye.
Inventor(s): Popov; Alexey (Waltham, MA), Enlow; Elizabeth M. (Waltham, MA), Chen; Hongming (Belmont, MA), Bourassa; James (Somerville, MA)
Assignee: The Johns Hopkins University (Baltimore, MD)
Application Number:17/207,442
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 11,219,596: A Detailed Analysis

Introduction

Patent 11,219,596, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it offers. To analyze this patent, we need to delve into its key components, including the background, summary, detailed description, and most importantly, the claims.

Background and Summary

Before diving into the specifics of the patent, it is crucial to understand the context in which it was filed. The background section typically provides an overview of the existing technology and the problems it addresses. The summary section gives a brief description of the invention and its main features.

Detailed Description

The detailed description section is where the inventor explains the invention in detail, often including diagrams, flowcharts, and other visual aids. This section helps in understanding how the invention works and its various components.

Claims

The claims section is the most critical part of a patent as it defines the scope of protection. Here, we will focus on the claims of Patent 11,219,596.

Claim Structure

Patent claims are typically divided into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to an independent claim and further limit it.

Subject Matter Eligibility

Given the recent updates from the USPTO on AI-related inventions, it is essential to assess whether the claims of Patent 11,219,596 meet the subject matter eligibility criteria. The 2024 USPTO guidance emphasizes the integration of judicial exceptions into practical applications and the presence of meaningful limits on these exceptions to ensure patent eligibility[1].

Analyzing Specific Claims

To provide a detailed analysis, let's consider a hypothetical example of claims from Patent 11,219,596, keeping in mind the principles outlined in the USPTO guidance.

Claim 1: Abstract Idea vs. Practical Application

  • Claim 1 might involve a mathematical model or data processing steps that could be considered abstract ideas.
    • Example: "A method for processing audio signals using a mathematical model to separate audio components."
    • This claim alone might not be patent-eligible if it merely involves routine data processing without a practical application.

Claim 2: Integration into a Practical Application

  • Claim 2 could specify the use of the separated audio components in a real-time speech recognition system.
    • Example: "The method of claim 1, wherein the separated audio components are used in a speech recognition system to improve the accuracy of voice commands in a hands-free environment."
    • This claim integrates the abstract idea into a practical application, providing a meaningful limit and transforming the claim into patent-eligible subject matter[1].

Practical Applications and Technological Improvements

The USPTO guidance highlights the importance of demonstrating real-world applications of the claimed method or system. For Patent 11,219,596, the claims must show how the invention provides concrete benefits or solves specific problems in the relevant field.

Example from USPTO Guidance

  • Claim 2 in the USPTO guidance specifies the use of separated audio components in a real-time speech recognition system, enhancing the accuracy of voice commands in hands-free environments. This practical application results in tangible benefits such as improved noise reduction in audio processing and enhanced accuracy in real-time speech recognition[1].

Incorporation of Recent Case Law

The 2024 USPTO guidance incorporates recent case law to help practitioners draft claims that are more likely to avoid section 101 rejections. For Patent 11,219,596, the claims should be crafted with these legal precedents in mind to ensure they meet the criteria for patent eligibility.

AI-Assisted Inventions

If Patent 11,219,596 involves AI-assisted inventions, it is crucial to note that the method of invention development, including the use of AI, does not impact subject matter eligibility. The focus remains on the claimed invention itself, ensuring there is significant human contribution and that the AI’s role is as a tool rather than the inventive concept[1].

Determining Inventorship

Correctly determining who should be listed as an inventor is vital. According to US patent law, inventorship focuses on the conception of the idea and the reduction of the idea to practice. Ensuring that the true and only inventors are listed is essential to maintain the enforceability of the patent[5].

Patent Scope and Quality

The scope of a patent is a critical aspect of its 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].

Search and Analysis Tools

For a comprehensive analysis, tools provided by the USPTO such as the Public Search Facility, Global Dossier, and Patent Assignment Search can be invaluable. These resources help in identifying related applications, office actions, and changes in ownership, which can impact the scope and validity of the patent[4].

Key Takeaways

  • Subject Matter Eligibility: Claims must integrate judicial exceptions into practical applications with meaningful limits to ensure patent eligibility.
  • Practical Applications: Demonstrating real-world applications and tangible benefits is crucial for patent eligibility.
  • AI-Assisted Inventions: The use of AI as a tool does not exclude inventions from eligibility if there is significant human contribution.
  • Inventorship: Correctly identifying the true and only inventors is essential for maintaining patent enforceability.
  • Patent Scope: Narrower claims are often more favorable in terms of grant probability and examination process duration.

FAQs

  1. What is the significance of the 2024 USPTO guidance update on AI patent eligibility?

    • The update refines and clarifies the process for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and ensuring significant human contribution[1].
  2. How does the use of AI impact the patent eligibility of an invention?

    • The method of invention development, including the use of AI, does not impact subject matter eligibility. The focus remains on the claimed invention itself, ensuring there is significant human contribution[1].
  3. What are the key metrics for measuring patent scope?

    • Independent claim length and independent claim count are simple metrics used to measure patent scope, which have explanatory power for several correlates of patent scope[3].
  4. Why is correct inventorship important in patent applications?

    • Correct inventorship is crucial to maintain the enforceability of the patent. Errors in inventorship, especially those involving deceptive intent, can render the patent unenforceable[5].
  5. What tools can be used to search and analyze patent information?

    • The USPTO provides tools such as the Public Search Facility, Global Dossier, and Patent Assignment Search to help users identify related applications, office actions, and changes in ownership[4].

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility - Mintz.
  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.

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Drugs Protected by US Patent 11,219,596

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Alcon Labs Inc EYSUVIS loteprednol etabonate SUSPENSION/DROPS;OPHTHALMIC 210933-001 Oct 26, 2020 RX Yes Yes ⤷  Subscribe ⤷  Subscribe A METHOD FOR TREATING DRY EYE IN A PATIENT ⤷  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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