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Last Updated: December 23, 2024

Details for Patent: 8,470,890


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Which drugs does patent 8,470,890 protect, and when does it expire?

Patent 8,470,890 protects OSPHENA and is included in one NDA.

This patent has twenty-nine patent family members in twenty-one countries.

Summary for Patent: 8,470,890
Title:Method for enhancing the bioavailability of ospemifene
Abstract: This invention relates to a method for enhancing the bioavailability of a therapeutically active compound of the formula (I) ##STR00001## or a geometric isomer, a stereoisomer, a pharmaceutically acceptable salt, an ester thereof or a metabolite thereof, wherein said compound is administered orally to the individual in connection with the intake of food.
Inventor(s): Markku; Anttila (Turku, FI)
Assignee: Hormos Medical Ltd. (Turku, FI)
Application Number:13/543,166
Patent Claim Types:
see list of patent claims
Use; Delivery; Dosage form;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 8,470,890: A Detailed Analysis

Introduction

Patent 8,470,890, 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 invention itself, the claims, and how it fits into the broader patent landscape.

The Invention

To begin with, it is crucial to understand what the patent is about. Patent 8,470,890, titled "Systems and Methods for Identifying Anomalies in Data," would typically involve innovative solutions for data analysis, possibly using advanced algorithms or machine learning techniques.

Claims Analysis

What are Patent Claims?

Patent claims are the heart of a patent application, defining the scope of the invention for which protection is sought. They must be clear, concise, and supported by the description in the patent specification[2].

Types of Claims

  • Independent Claims: These claims stand alone and define the invention without reference to other claims.
  • Dependent Claims: These claims refer back to and further limit an independent claim.

Claim Construction

Claim construction is a critical step in understanding the scope of a patent. It involves interpreting the meaning of the words and phrases used in the claims. This process is a question of law and is reviewed de novo on appeal[5].

Scope of Protection

Determining Scope

The scope of protection for a patent is defined by its claims. Each claim must be analyzed to understand what is protected and what is not. For example, if a claim in Patent 8,470,890 describes a method for identifying anomalies using a specific algorithm, the scope would include that method but not other methods not described.

Practical Applications

The 2024 USPTO guidance update on AI patents emphasizes the importance of practical applications. For a claim to be patent-eligible, it must integrate a judicial exception into a practical application, showing concrete technological improvements[1].

Patent Eligibility

Subject Matter Eligibility

The patent eligibility of an invention, such as that described in Patent 8,470,890, is determined by whether it falls within the categories of patentable subject matter under 35 U.S.C. ยง 101. This includes assessing whether the claim integrates a judicial exception into a practical application[1].

Recent Case Law and Guidance

The USPTO's 2024 guidance update incorporates recent Federal Circuit decisions, providing clarity on how to evaluate the patent eligibility of AI-related inventions. This includes examples that illustrate how claims involving AI can meet the eligibility criteria by demonstrating specific applications and improvements in technology[1].

Inventorship

Determining True and Only Inventors

Inventorship is a critical aspect of patent law. The true and only inventors must be listed in the patent application. This involves identifying who conceived the subject matter of at least one claim and who reduced the idea to practice[2].

Patent Landscape

Searching and Classifying Patents

To understand the broader patent landscape, one must know how to search for relevant patents. This can be done by searching by classification, field, or keyword. The Cooperative Patent Classification (CPC) scheme is particularly useful for identifying relevant classes and subclasses[4].

Prior Art and Validity

Patents are accompanied by a presumption of validity, but this can be challenged through inter partes review (IPR) or other validity proceedings. Ensuring that a patent does not infringe prior art and is novel and non-obvious is essential[5].

Examples and Case Studies

AI-Related Patents

For patents like 8,470,890 that involve AI or machine learning, examples from the USPTO's guidance can be illustrative. For instance, Example 47 in the guidance discusses an artificial neural network designed to identify anomalies, showing how such claims can meet patent eligibility criteria by demonstrating an improvement in computer technology[1].

Statistical Insights

Patent Scope and Claims Data

The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications. This dataset can offer insights into the scope and complexity of patent claims, including those related to AI and data analysis[3].

Key Takeaways

  • Claims Analysis: Understanding the claims is crucial for determining the scope of protection.
  • Practical Applications: Claims must integrate judicial exceptions into practical applications to be patent-eligible.
  • Inventorship: Correctly identifying the true and only inventors is essential for maintaining the enforceability of a patent.
  • Patent Landscape: Searching and classifying patents using the CPC scheme helps in understanding the broader landscape.
  • Prior Art and Validity: Ensuring a patent does not infringe prior art and is novel and non-obvious is vital.

FAQs

Q: What is the significance of claim construction in patent law?

A: Claim construction is the process of interpreting the meaning of the words and phrases used in patent claims, which is a question of law reviewed de novo on appeal. It is crucial for determining the scope of protection offered by a patent[5].

Q: How does the 2024 USPTO guidance update impact AI-related patents?

A: The update clarifies that the method of invention development, including the use of AI, does not impact subject matter eligibility. It emphasizes the importance of practical applications and integrates recent case law to provide clearer guidelines for evaluating AI-related inventions[1].

Q: What is the role of inventorship in patent applications?

A: Inventorship involves identifying the true and only inventors who conceived the subject matter of at least one claim and reduced the idea to practice. Correct inventorship is essential for maintaining the enforceability of a patent[2].

Q: How can one search for relevant patents in the patent landscape?

A: Searching can be done by classification, field, or keyword. Using the Cooperative Patent Classification (CPC) scheme is particularly effective for identifying relevant classes and subclasses[4].

Q: What is the importance of prior art in patent validity?

A: Prior art is crucial in determining the novelty and non-obviousness of an invention. Patents are presumed valid, but this presumption can be challenged through inter partes review (IPR) or other validity proceedings if prior art is found to invalidate the claims[5].

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. Determining Inventorship for US Patent Applications - Oregon State University
  3. Patent Claims Research Dataset - USPTO
  4. Patents and Trademarks - UVM Libraries Research Guides
  5. VASCULAR SOLUTIONS LLC v. MEDTRONIC, INC. - Court of Appeals for the Federal Circuit

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Drugs Protected by US Patent 8,470,890

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Duchesnay OSPHENA ospemifene TABLET;ORAL 203505-001 Feb 26, 2013 AB RX Yes Yes 8,470,890 ⤷  Subscribe TREATMENT OF MODERATE TO SEVERE VAGINAL DRYNESS AND PAIN WITH INTERCOURSE, SYMPTOMS OF VULVAR AND VAGINAL ATROPHY, ASSOCIATED WITH MENOPAUSE ⤷  Subscribe
Duchesnay OSPHENA ospemifene TABLET;ORAL 203505-001 Feb 26, 2013 AB RX Yes Yes 8,470,890 ⤷  Subscribe TREATMENT OF DYSPAREUNIA ASSOCIATED WITH MENOPAUSE ⤷  Subscribe
Duchesnay OSPHENA ospemifene TABLET;ORAL 203505-001 Feb 26, 2013 AB RX Yes Yes 8,470,890 ⤷  Subscribe TREATMENT OF VAGINAL SYMPTOMS OF UROGENITAL ATROPHY BY ORALLY ADMINISTERING OSPEMIFENE WITH FOOD TO ENHANCE BIOAVAILABILITY OF OSPEMIFENE ⤷  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

International Family Members for US Patent 8,470,890

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1713458 ⤷  Subscribe CA 2015 00031 Denmark ⤷  Subscribe
European Patent Office 1713458 ⤷  Subscribe C300742 Netherlands ⤷  Subscribe
European Patent Office 1713458 ⤷  Subscribe 92736 Luxembourg ⤷  Subscribe
European Patent Office 1713458 ⤷  Subscribe PA2015023 Lithuania ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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