Details for Patent: 8,439,864

Which drugs does patent 8,439,864 protect, and when does it expire?

Patent 8,439,864 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 seven patent family members in six countries.

Summary for Patent: 8,439,864

Title:	Device for administering fluid from a multi-chamber ampoule in incremental steps
Abstract:	An administering device for administering an active substance from a multi-chamber container comprising a first chamber holding a solid active substance and a second chamber holding a dissolving liquid for the active substance, wherein the administering device comprises a mixing device for mixing the active substance with the dissolving liquid and a housing accommodating the mixing device, the container being moveable relative to the housing, and the administering device further comprising a first indicator for indicating a position of the container relative to the housing upon completion of a mixing step, and a second indicator for indicating a position of the container relative to the housing upon completion of a venting step.
Inventor(s):	Galbraith; Sofia (Solothurn, CH), Moser; Ulrich (Heimiswil, CH), Hirschel; Juerg (Aarau, CH), Thompson; Ian (Burgdorf, CH)
Assignee:	TecPharma Licensing AG (Burgdorf, CH)
Application Number:	12/572,796
Patent Claim Types: see list of patent claims	Use; Device;

Analyzing the Scope and Claims of United States Patent 8,439,864: A Comprehensive Guide

Introduction

Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the details of United States Patent 8,439,864, exploring its claims, the patent landscape, and the implications of such analysis.

What is United States Patent 8,439,864?

To begin, it is essential to identify the patent in question. United States Patent 8,439,864 is a specific patent granted by the U.S. Patent and Trademark Office (USPTO). The patent's title, inventors, and the technology it covers are key elements in this analysis.

How to Find the Patent

Patents can be searched and accessed through various resources:

• The USPTO website provides full text and images of patents from 1976 to the present, and images, current classification numbers, and patent numbers for patents from 1790 to 1975[4].
• Other resources include the European Patent Office's Espacenet website and Google Patents[1].

Understanding Patent Claims

Patent claims are the heart of any patent, defining the scope of protection granted by the patent. Here are some key points to consider:

Independent and Dependent Claims

• Independent claims stand alone and define the broadest scope of the invention.
• Dependent claims build upon independent claims, often narrowing the scope to specific embodiments or variations[3].

Claim Construction

• Claim construction involves interpreting the language of the claims to determine their scope. This is often a critical issue in patent litigation[5].

Analyzing the Patent Landscape

A patent landscape analysis provides a broader view of the technological area in which the patent resides.

What is Patent Landscape Analysis?

• This analysis involves a comprehensive review of patents within a specific technology area to identify trends, key players, and areas of high patent saturation[3].

Tools for Patent Landscape Analysis

• The USPTO's Global Dossier service allows users to view the file histories of related applications from participating IP Offices, providing insights into the patent family and related applications[4].
• Other tools include specialized software and databases that help in mapping patent portfolios and identifying strategic insights.

Identifying Key Players and Competitors

In the context of United States Patent 8,439,864, identifying key players and competitors is vital.

Top Patent Owners

• Analyzing the top patent owners in the relevant technology area can reveal market leaders and potential competitors. This can be done by examining the patent portfolios of major companies and their focus areas[3].

Abandoned and Active Technologies

• Understanding which technologies are being abandoned or actively pursued can help in making strategic decisions. For example, time-slicing in patent landscape analysis can show the cessation or continuation of patent activities in specific areas[3].

Implications for Business and R&D

The analysis of the patent landscape and the specific claims of United States Patent 8,439,864 has significant implications for business and R&D strategies.

Long-term Decisions

• High-level patent landscape analysis can help in making long-term decisions about technology development and investment. It can indicate areas of high patent saturation and suggest the need to pivot to newer inventive spaces[3].

Competitive Advantage

• Understanding the patent landscape can provide a competitive advantage by revealing gaps in the market and opportunities for innovation.

Legal Considerations

Patent litigation and inter partes review (IPR) are critical legal considerations.

Prior Art and Anticipation

• Prior art, such as earlier patents or publications, can be used to challenge the validity of a patent. For example, the Patent Trial and Appeal Board (PTAB) may find a patent's claims anticipated by prior art, as seen in cases like Arbutus Biopharma Corporation v. Moderna Therapeutics, Inc.[5].

Office Actions and IPR

• Office actions and IPR proceedings can significantly impact the validity and scope of a patent. Understanding these processes is essential for managing patent portfolios effectively[4].

Practical Steps for Conducting a Patent Landscape Analysis

Step 1: Define the Scope

• Clearly define the technology area and the specific focus of the analysis.

Step 2: Gather Data

• Use resources like the USPTO, Espacenet, and Google Patents to gather relevant patent data.

Step 3: Analyze Data

• Use specialized tools and software to analyze the patent data, identifying key players, trends, and areas of high patent saturation.

Step 4: Interpret Results

• Interpret the results to make strategic decisions about technology development, investment, and competitive positioning.

Key Takeaways

• Patent Claims: Understanding the independent and dependent claims is crucial for determining the scope of protection.
• Patent Landscape Analysis: This analysis provides a comprehensive view of the technological area, helping in strategic decision-making.
• Legal Considerations: Prior art, office actions, and IPR proceedings are critical in managing and defending patents.
• Competitive Advantage: Analyzing the patent landscape can reveal market gaps and opportunities for innovation.

FAQs

Q: How can I search for a specific U.S. patent? A: You can search for a specific U.S. patent using the USPTO website, Espacenet, or Google Patents by entering the patent number or other relevant details[1][4].

Q: What is the difference between independent and dependent claims? A: Independent claims define the broadest scope of the invention, while dependent claims build upon independent claims, narrowing the scope to specific embodiments or variations[3].

Q: How does patent landscape analysis help in business decisions? A: Patent landscape analysis helps in making long-term decisions about technology development and investment by identifying areas of high patent saturation and suggesting the need to pivot to newer inventive spaces[3].

Q: What is the role of prior art in patent litigation? A: Prior art can be used to challenge the validity of a patent by showing that the claimed invention was anticipated or obvious at the time of filing[5].

Q: Where can I find detailed information about patent office actions and IPR proceedings? A: Detailed information about patent office actions and IPR proceedings can be found on the USPTO website and through resources like the Global Dossier service[4].

Sources

1. NYPL Libguides: How to Search for an Historical U.S. Patent.
2. USA.gov: U.S. Patent and Trademark Office (USPTO).
3. AcclaimIP: Patent Landscape Analysis - Uncovering Strategic Insights.
4. USPTO: Search for patents.
5. CAFC: ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC.

Drugs Protected by US Patent 8,439,864

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: 8,439,864

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Germany	10 2007 016 811	Apr 5, 2007

International Family Members for US Patent 8,439,864

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
China	101687080
European Patent Office	2134392
Germany	102007016811
Japan	2010523183
Japan	5222353
Poland	2134392
World Intellectual Property Organization (WIPO)	2008122360