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Last Updated: December 22, 2024

Details for Patent: 6,645,961


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Summary for Patent: 6,645,961
Title: Dry granulation formulation for an HIV protease inhibitor
Abstract:This invention relates to a dry granulation capsule formulation of the HIV protease inhibitor, indinavir sulfate, which is useful in the treatment of AIDS, ARC or HIV infection. Processes for making the oral formulation are also disclosed.
Inventor(s): Lui; Chung Y. (Lansdale, PA), Ostovic; Drazen (Lansdale, PA), Katdare; Ashok V. (Norristown, PA), Stelmach; Christine (Tinton Falls, NJ)
Assignee: Merck & Co., Inc. (Rahway, NJ)
Application Number:09/045,885
Patent Claim Types:
see list of patent claims
Composition; Dosage form; Formulation; Process;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 6,645,961

To delve into the details of a specific patent, such as United States Patent 6,645,961, it is crucial to analyze several key aspects, including the patent's claims, the determination of inventorship, the subject matter eligibility, and the broader patent landscape.

Patent Overview

United States Patent 6,645,961, like any other patent, is a grant of a property right to the inventor(s) by the U.S. Patent and Trademark Office (USPTO). This patent is part of the larger body of intellectual property protected under U.S. patent law.

Claims Analysis

Claim Structure

Patent claims are the heart of any patent, defining the scope of the invention for which protection is sought. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to another claim[1].

Claim Types

  • Independent Claims: These claims define the invention without reference to other claims. They are crucial as they set the broadest scope of protection.
  • Dependent Claims: These claims refer back to and further limit an independent claim. They often add specific details or narrow the scope of the invention.

Claim Interpretation

The interpretation of claims is critical in determining the patent's scope. The USPTO and courts use various tools, including the specification and prosecution history, to interpret the meaning of claim terms[1].

Determining Inventorship

Conception and Reduction to Practice

Inventorship in U.S. patent law involves two key steps: the conception of the idea and the reduction of the idea to practice. Conception is the formation of a definite and permanent idea of the invention, while reduction to practice involves either building and testing the invention or filing a patent application[2].

True and Only Inventors

The USPTO requires that only the true and only inventors be listed on the patent application. Incorrect or incomplete identification of inventors can lead to challenges and potentially render the patent unenforceable[2].

Subject Matter Eligibility

Section 101 of the U.S.C.

Subject matter eligibility under 35 U.S.C. § 101 is a critical hurdle for any patent application. The law requires that the invention must be a new and useful process, machine, manufacture, or composition of matter, or any improvement thereof[1].

Judicial Exceptions

Certain subject matter, such as laws of nature, natural phenomena, and abstract ideas, is excluded from patent eligibility unless integrated into a practical application. The 2024 USPTO guidance update provides examples of how AI-related claims can meet these criteria by demonstrating concrete technological improvements[4].

Patent Landscape and Trends

Patent Claims Research Dataset

The USPTO's Patent Claims Research Dataset provides detailed insights into patent claims and their scope. This dataset can help in understanding trends and patterns in patent claims over time, including how claims are structured and the dependency relationships between them[3].

AI and Patent Eligibility

The recent USPTO guidance update on AI patents highlights the importance of integrating judicial exceptions into practical applications. This update includes examples that illustrate how AI-related claims can be crafted to meet patent eligibility criteria, emphasizing the need for meaningful limits and practical applications[4].

Case Law and Judicial Precedents

Federal Circuit Decisions

Decisions from the Federal Circuit, such as those in Astellas Pharma, Inc. v. Sandoz Inc., provide valuable insights into how courts interpret patent eligibility and validity. These decisions often clarify the application of legal standards and interpretations, particularly for complex technologies like AI[5].

Real-World Applications and Practical Utility

Example 48 from the 2024 USPTO Guidance

The 2024 USPTO guidance update includes Example 48, which illustrates how specifying the use of separated audio components in a real-time speech recognition system can transform an abstract idea into a patent-eligible invention. This example underscores the importance of demonstrating practical utility and real-world applications in patent claims[4].

Key Takeaways

  • Claims are Central: The claims of a patent define its scope and are crucial for determining patentability and enforceability.
  • Inventorship Accuracy: Correctly identifying the true and only inventors is essential for maintaining the enforceability of a patent.
  • Subject Matter Eligibility: Ensuring that the invention meets the subject matter eligibility criteria under 35 U.S.C. § 101 is vital, especially for technologies like AI.
  • Practical Applications: Demonstrating how an invention integrates judicial exceptions into practical applications is key to overcoming subject matter eligibility challenges.
  • Case Law and Guidance: Staying updated with recent case law and USPTO guidance is essential for navigating the complex landscape of patent law.

FAQs

What is the importance of correctly identifying inventors in a patent application?

Correctly identifying the true and only inventors is crucial because incorrect or incomplete identification can lead to challenges and potentially render the patent unenforceable[2].

How does the USPTO determine subject matter eligibility for AI-related inventions?

The USPTO determines subject matter eligibility for AI-related inventions by evaluating whether the claim integrates a judicial exception into a practical application, ensuring that the claimed invention offers a concrete technological improvement[4].

What role do dependent claims play in a patent?

Dependent claims refer back to and further limit an independent claim, often adding specific details or narrowing the scope of the invention to provide additional protection[1].

How do recent Federal Circuit decisions impact patent eligibility?

Recent Federal Circuit decisions provide up-to-date legal standards and interpretations, particularly relevant for AI inventions, helping to promote consistency and clarity in the application of patent eligibility criteria[4].

What is the significance of the Patent Claims Research Dataset?

The Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, helping to understand trends and patterns in patent claims and their scope over time[3].

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Drugs Protected by US Patent 6,645,961

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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