Details for Patent: 8,216,180

Which drugs does patent 8,216,180 protect, and when does it expire?

Patent 8,216,180 protects BYDUREON PEN and is included in one NDA.

Protection for BYDUREON PEN has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has eight patent family members in seven countries.

Summary for Patent: 8,216,180

Title:	Administering apparatus with functional drive element
Abstract:	An apparatus for administering a fluid product, including a housing, a product member for accommodating the fluid product and/or a reservoir for the fluid product, which product member can be moved relative to the housing from a start position to an inserted position along a longitudinal axis of the housing, a drive member in the housing and movable relative to the product member for emptying the fluid product from the product member and/or the reservoir, wherein the drive member has at least one holding element which holds the drive member in the start position of the product member and wherein, by the movement of the product member, the holding element is moved from the holding position to a released position in which the drive member is movable relative to the housing.
Inventor(s):	Tschirren; Markus (Kirchberg, CH), Moser; Ulrich (Heimiswil, CH), Hirschel; Juerg (Aarau, CH), Baumert; Jan (Bern, CH), Hattler; Eric (Solothurn, CH)
Assignee:	TecPharma Licensing AG (Burgdorf, CH)
Application Number:	12/572,759
Patent Claim Types: see list of patent claims	Device;

Analyzing the Scope and Claims of United States Patent 8,216,180: A Comprehensive Guide

Introduction

When analyzing a patent, understanding its scope, claims, and the surrounding patent landscape is crucial for determining its validity, potential for infringement, and strategic value. This article will delve into the specifics of United States Patent 8,216,180, exploring its claims, the legal framework governing patent validity, and the broader patent landscape.

Understanding Patent Claims

Legal Framework

Patent claims are the heart of a patent, defining the boundaries of the invention and the rights granted to the patent holder. According to 35 U.S.C. § 112, patent claims must provide "reasonable certainty" in defining what is patented. This means the claims must be clear and concise enough to inform those skilled in the art about the scope of the invention[2].

Claim Construction

Claim construction is a critical step in understanding the scope of a patent. It involves interpreting the language of the claims in the context of the specification and the prosecution history. The courts have established that claim construction is a matter of law, subject to de novo review on appeal[2].

Analyzing the Claims of U.S. Patent 8,216,180

Claim Structure

To analyze the claims of U.S. Patent 8,216,180, one must first identify the independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.

Claim Indefiniteness

Claims must avoid indefiniteness, which occurs when the claims do not provide clear notice of what is claimed. The Supreme Court has clarified that claims must be "precise enough to afford clear notice of what is claimed, thereby 'appris[ing] the public of what is still open to them'"[2].

Patent Landscape Analysis

Importance of Patent Landscape

A patent landscape analysis provides a comprehensive view of the patent environment surrounding a particular technology. This analysis helps in identifying key players, assessing the saturation of the patent space, and making strategic decisions about research and development[3].

Saturated Patent Spaces

If the technology area of U.S. Patent 8,216,180 is highly saturated, it may be challenging to secure broad claims. A patent landscape analysis can reveal opportunities in alternative technologies and help in pivoting to newer inventive spaces if necessary[3].

Tools for Patent Search and Analysis

USPTO Resources

The United States Patent and Trademark Office (USPTO) provides several tools for conducting thorough patent searches and analyses. The Patent Public Search tool, for instance, offers enhanced access to prior art and modern interfaces for searching patents. The Global Dossier service allows users to view related applications from participating IP offices, including file histories and citation data[1].

International Patent Databases

To ensure global coverage, one can also search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). These databases offer machine translations and full-text searches of published international patent applications[1].

Strategic Insights from Patent Landscape Analysis

Identifying Key Players

A patent landscape analysis can identify the top patent owners in a specific technology area. This helps in understanding the competitive landscape and potential licensing or collaboration opportunities[3].

Time-Slicing and Trend Analysis

By applying time-slicing to patent data, one can observe trends in patent filings over time. This can reveal which technologies are being abandoned or pursued aggressively, guiding long-term strategic decisions[3].

Case Study: U.S. Patent 8,216,180

Patent Details

• Title: (Assuming the title is not provided, this would typically be found in the patent document)
• Inventors: (List of inventors)
• Assignee: (Company or individual to whom the patent is assigned)
• Claims: (Number and type of claims, e.g., independent and dependent)

Claim Analysis

• Independent Claims: Analyze the language and scope of the independent claims to understand the core invention.
• Dependent Claims: Examine how the dependent claims further limit the independent claims.

Patent Landscape

• Competitors: Identify other key players in the same technology area.
• Saturation Level: Determine the level of patent saturation to assess the potential for future innovation and competition.
• Trends: Use time-slicing to analyze trends in patent filings related to this technology.

Key Takeaways

• Clear Claims: Ensure that the claims of U.S. Patent 8,216,180 are clear and definite to avoid legal challenges.
• Comprehensive Search: Use USPTO and international resources to conduct a thorough search of prior art and related patents.
• Strategic Decisions: Utilize patent landscape analysis to make informed decisions about research, development, and potential collaborations or licensing.

FAQs

What is the purpose of claim construction in patent law?

Claim construction is the process of interpreting the language of patent claims to define the scope of the invention. It is crucial for determining the boundaries of the patent and is subject to de novo review on appeal[2].

How does patent landscape analysis help in strategic decision-making?

Patent landscape analysis provides a comprehensive view of the patent environment, helping to identify key players, assess patent saturation, and make informed decisions about research and development. It can also reveal trends and opportunities in alternative technologies[3].

What tools are available for conducting a patent search?

The USPTO offers several tools, including the Patent Public Search tool, Global Dossier, and access to international patent databases such as those from the EPO, JPO, and WIPO[1].

Why is it important to ensure that patent claims are not indefinite?

Indefinite claims can lead to legal challenges and invalidation of the patent. Clear and definite claims are essential for providing reasonable certainty about the scope of the invention and for informing the public about what is still open to them[2].

How can time-slicing be used in patent landscape analysis?

Time-slicing involves analyzing patent data over different time periods to observe trends in patent filings. This can help in identifying which technologies are being pursued or abandoned, guiding long-term strategic decisions[3].

Sources

1. USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
2. UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT. Retrieved from https://cafc.uscourts.gov/opinions-orders/20-2257.OPINION.10-17-2022_2019495.pdf
3. Patent Landscape Analysis - Uncovering Strategic Insights. Retrieved from https://www.acclaimip.com/patent-landscaping/patent-landscape-analysis-uncovering-strategic-insights/

Drugs Protected by US Patent 8,216,180

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Astrazeneca Ab	BYDUREON PEN	exenatide synthetic	FOR SUSPENSION, EXTENDED RELEASE;SUBCUTANEOUS	022200-002	Feb 28, 2014		DISCN	Yes	No					Y

Foreign Priority and PCT Information for Patent: 8,216,180

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Germany	10 2007 016 810	Apr 5, 2007

International Family Members for US Patent 8,216,180

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Austria	E516834
China	101678173
Denmark	2144649