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Last Updated: December 22, 2024

Details for Patent: 5,438,071


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Summary for Patent: 5,438,071
Title: Stable porfimer sodium compositions and methods for their manufacture
Abstract:A storage stable porfimer sodium (polyhematoporphyrin ether/ester) composition useful in the photodynamic therapy of cancer and other conditions is provided. The composition is characterized in that the percentage of ester linked porphyrin oligomers is less than 10% of the composition. Improved processes for preparing such compositions are also provided wherein acetylated hematoporphyrin is treated with alkali for sufficient time and temperature to reduce the amount of porphyrin oligomers joined by ester linkages to less than 10% of the composition.
Inventor(s): Clauss; Steven L. (Manville, NJ), Pastel; Michael J. (Highland Mills, NY), Zawadzki; Rainer K. (Wuhan, CN)
Assignee: American Cyanamid Company (Stamford, CT)
Application Number:08/075,227
Patent Claim Types:
see list of patent claims
Composition; Compound; Use;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 5,438,071: A Detailed Analysis

Introduction

United States Patent 5,438,071, though not specifically detailed in the provided sources, can be analyzed through the lens of general patent law and recent updates in patent eligibility, particularly for technological and innovative fields. This article will delve into the key aspects of patent scope, claims, and the broader patent landscape, using relevant examples and guidelines.

Patent Scope and Claims: General Principles

When evaluating the scope and claims of a patent, it is crucial to understand that the claim scope must be anchored to the embodiments disclosed in the specification. A broader claim scope, while seemingly desirable, can be risky as it increases the likelihood of finding prior art references and raises the cost of getting the patent granted[3].

Claim Scope and Patent Quality

A common misconception is that broader claims equate to better patent quality. However, broader claims are more susceptible to invalidation due to the abstract idea exception and failure to meet the written description requirement. It is essential to balance the breadth of claims with the specificity of the disclosure to ensure the patent's validity[3].

Patent Eligibility Criteria

The patent eligibility criteria, particularly for technological innovations like AI, have been refined in recent updates.

USPTO 2024 Guidance Update on AI Patents

The USPTO's 2024 guidance update on AI patents clarifies several key points:

  • Integration into Practical Application: The update emphasizes evaluating whether a claim integrates a judicial exception into a practical application. This involves assessing additional elements in the claim to determine if they impose meaningful limits on the exception, transforming the claim into patent-eligible subject matter[1].
  • AI-Assisted Inventions: 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 that AI-assisted inventions are evaluated on equal footing with other technologies[1].
  • Recent Case Law: The guidance incorporates recent Federal Circuit decisions, providing up-to-date legal standards and interpretations relevant for AI inventions. This ensures consistency and clarity in the application of patent eligibility criteria[1].

Examples from the USPTO Guidance

The USPTO has introduced new examples specifically tailored to AI technologies:

  • Example 48: This example illustrates how claims involving specific applications of AI can meet the eligibility criteria. For instance, a claim specifying the use of separated audio components in a speech recognition system to improve the accuracy of voice commands in a hands-free environment is considered patent-eligible because it integrates the abstract idea into a practical application[1].

The Importance of Practical Application

Highlighting the real-world applications of the claimed method or system is crucial for patent eligibility. Demonstrating how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field is essential. Claims that merely use mathematical models or data processing steps without a practical application are likely to be rejected as insignificant extra-solution activity[1].

Patent Landscape and Search Tools

Understanding the broader patent landscape involves utilizing various search tools and resources provided by the USPTO.

USPTO Search Resources

The USPTO offers several resources for searching patents:

  • Public Search Facility: Located in Alexandria, VA, this facility provides access to patent and trademark information in various formats[4].
  • Patent and Trademark Resource Centers (PTRCs): These centers maintain local search resources and offer training in patent search techniques[4].
  • Global Dossier: This service allows users to access file histories of related applications from participating IP Offices, providing a comprehensive view of the patent family[4].

Common Citation Document (CCD)

The CCD application consolidates prior art cited by all participating offices for the family members of a patent application, enabling users to visualize search results on a single page. This is part of the technical harmonization aimed at integrating the global patent system[4].

Case Law and Regulatory Framework

Recent case law and regulatory changes also shape the patent landscape.

Hyatt v. United States Patent and Trademark Office

This case highlights the complexities in managing large numbers of patent applications and the implications of regulatory changes, such as the Uruguay Round Agreements Act (URAA), which altered the patent term from 17 years from the grant date to 20 years from the effective filing date[2].

Key Takeaways

  • Balanced Claim Scope: Ensure that the claim scope is balanced and anchored to the embodiments disclosed in the specification to avoid invalidation risks.
  • Practical Application: Highlighting the real-world applications of the claimed method or system is crucial for demonstrating patent eligibility.
  • AI and Technological Innovations: The method of invention development, including AI, does not impact subject matter eligibility; the focus remains on the claimed invention itself.
  • Utilize USPTO Resources: Leverage USPTO search tools and resources to navigate the patent landscape effectively.

FAQs

What is the significance of the USPTO 2024 guidance update on AI patents?

The update refines and clarifies the process for determining the patent eligibility of AI-related inventions, providing examples and integrating recent case law to ensure consistency and clarity.

How does the use of AI impact patent eligibility?

The use of AI in the method of invention development does not impact subject matter eligibility. The focus remains on the claimed invention itself, ensuring AI-assisted inventions are evaluated equally with other technologies.

What are the risks of having overly broad claims in a patent application?

Overly broad claims are more susceptible to invalidation due to the abstract idea exception and failure to meet the written description requirement. They also increase the likelihood of finding prior art references and raise the cost of getting the patent granted.

What resources does the USPTO provide for searching patents?

The USPTO provides resources such as the Public Search Facility, Patent and Trademark Resource Centers (PTRCs), Global Dossier, and the Common Citation Document (CCD) to facilitate comprehensive patent searches.

How has the Uruguay Round Agreements Act (URAA) impacted patent terms?

The URAA changed the patent term from 17 years from the grant date to 20 years from the effective filing date, incentivizing timely disclosure of innovations and managing transitional applications effectively.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. Hyatt v. United States Patent and Trademark Office - U.S. Court of Appeals for the Federal Circuit
  3. The Importance of Getting the Claim Scope Right in a US Patent Application - Rimon Law
  4. Search for patents - USPTO - United States Patent and Trademark Office

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Drugs Protected by US Patent 5,438,071

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

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