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Last Updated: December 22, 2024

Details for Patent: 8,597,272


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Which drugs does patent 8,597,272 protect, and when does it expire?

Patent 8,597,272 protects ZECUITY and is included in one NDA.

This patent has sixteen patent family members in eleven countries.

Summary for Patent: 8,597,272
Title:Pharmacokinetics of iontophoretic sumatriptan administration
Abstract: Improved pharmacokinetic profiles for the iontophoretic delivery of sumatriptan are described.
Inventor(s): Sebree; Terri B. (Gladwyne, PA), Pierce; Mark (Essex, CT), O'Neill; Carol (Phoenixville, PA)
Assignee: Nupathe, Inc. (Malvern, PA)
Application Number:13/407,434
Patent Claim Types:
see list of patent claims
Use; Formulation; Delivery;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 8,597,272: A Detailed Analysis

Introduction

Patent 8,597,272, like any other patent, is a complex document that outlines the scope and claims of an invention. To fully comprehend its implications, it is crucial to delve into the specifics of the patent, the broader patent landscape, and recent updates in patent law and practice.

Patent 8,597,272 Overview

Patent Title and Abstract

While the specific details of Patent 8,597,272 are not provided in the sources, a typical analysis would start with the patent title and abstract. These sections give a high-level overview of the invention, including its purpose, key components, and the problems it solves.

Claims

The claims section is the most critical part of any patent, as it defines the scope of the invention and what is protected by the patent. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to one or more independent claims.

Analyzing Patent Claims

Types of Claims

  • Independent Claims: These claims are self-contained and do not refer to any other claims. They define the broadest scope of the invention.
  • Dependent Claims: These claims refer back to one or more independent claims and narrow down the scope by adding additional limitations.

Claim Construction

Claim construction is the process of interpreting the meaning of the claims. This involves understanding the language used, the context in which the terms are used, and any definitions provided in the specification. Recent updates in patent law, such as the 2024 USPTO guidance on AI patents, emphasize the importance of integrating judicial exceptions into practical applications to ensure patent eligibility[1].

Patent Eligibility and Recent Updates

2024 USPTO Guidance on AI Patents

The 2024 USPTO guidance update is particularly relevant for patents involving AI technologies. This update clarifies that the method of invention development, including the use of AI, does not impact subject matter eligibility. Instead, the focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated on equal footing with other technologies. The guidance also includes new examples specifically tailored to AI technologies, illustrating how claims involving AI can meet eligibility criteria by demonstrating concrete technological improvements[1].

Practical Application Requirement

A key takeaway from the 2024 USPTO guidance is the emphasis on evaluating whether a claim integrates a judicial exception into a practical application. For example, Claim 2 in Example 48 of the guidance specifies the use of separated audio components in a real-time speech recognition system, which transforms the abstract idea into a specific, practical application that provides clear benefits, such as improved accuracy in speech recognition systems[1].

Patent Scope and Landscape

Patent Claims Research Dataset

The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. This dataset can be used to analyze trends and patterns in patent claims, including the scope and complexity of patents in various technological fields[3].

Quality and Compliance Measures

The USPTO has developed correctness measures and quantifiable compliance targets to ensure patent quality. These measures include statutory compliance rates for various sections of the U.S. patent law, such as 35 U.S.C. 101, 112, 102, and 103. Ensuring high-quality patents is crucial for maintaining the integrity of the patent system and preventing overly broad or invalid patents[4].

Impact of Recent Case Law

Incorporation of Federal Circuit Decisions

The 2024 USPTO guidance integrates recent Federal Circuit decisions, providing up-to-date legal standards and interpretations. This integration helps promote consistency and clarity in the application of patent eligibility criteria, reflecting the latest judicial thinking. For instance, the guidance includes examples that illustrate how recent case law applies to AI-related claims, ensuring that practitioners have clear guidance on drafting patent-eligible claims[1].

Small Claims Patent Court Considerations

Feasibility and Structure

The Administrative Conference of the United States (ACUS) has conducted a study on the feasibility and potential structure of a small claims patent court. This study addresses the need for such a court, its potential structure, and relevant legal, policy, and practical considerations. While not directly related to the analysis of a specific patent, it highlights ongoing efforts to streamline and improve the patent litigation process, which can impact the overall patent landscape[2].

Practical Applications and Real-World Impact

Example 47: Artificial Neural Networks

The 2024 USPTO guidance includes Example 47, which focuses on an artificial neural network designed to identify or detect anomalies. This example shows how claims involving specific applications of neural networks can meet the eligibility criteria by demonstrating an improvement in computer technology. Such practical applications are crucial for ensuring that patents contribute to technological advancement rather than merely abstract ideas[1].

Real-World Applications

Highlighting real-world applications of the claimed method or system can significantly bolster the argument for patent eligibility. For instance, demonstrating how an abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field is essential. This approach ensures that the patent contributes meaningfully to the technology and is not just an abstract concept[1].

Key Takeaways

  • Patent Eligibility: The 2024 USPTO guidance emphasizes the integration of judicial exceptions into practical applications to ensure patent eligibility.
  • AI-Assisted Inventions: AI-assisted inventions are evaluated on equal footing with other technologies, provided there is significant human contribution.
  • Practical Application: Claims must demonstrate a practical application that provides clear benefits and improves technology.
  • Recent Case Law: The guidance incorporates recent Federal Circuit decisions to ensure consistency and clarity in patent eligibility criteria.
  • Patent Quality: Ensuring high-quality patents through correctness measures and compliance targets is crucial for maintaining the integrity of the patent system.

FAQs

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

The 2024 USPTO guidance update clarifies the process for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and ensuring AI-assisted inventions are evaluated on equal footing with other technologies.

How do recent Federal Circuit decisions impact patent eligibility criteria?

Recent Federal Circuit decisions are integrated into the 2024 USPTO guidance, providing up-to-date legal standards and interpretations that promote consistency and clarity in the application of patent eligibility criteria.

What is the role of practical application in patent eligibility?

Practical application is crucial for ensuring that a patent is eligible. It involves demonstrating how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field.

How does the USPTO ensure patent quality?

The USPTO ensures patent quality through correctness measures and quantifiable compliance targets, including statutory compliance rates for various sections of the U.S. patent law.

What is the purpose of the Patent Claims Research Dataset?

The Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, allowing for the analysis of trends and patterns in patent claims and the scope and complexity of patents in various technological fields.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. U.S. Patent Small Claims Court - ACUS
  3. Patent Claims Research Dataset - USPTO
  4. Intellectual Property: Patent Office Should Define Quality, Reassess ... - GAO
"By leveraging the structure and reasoning behind Example 48, claims in various fields can be crafted to meet the criteria for patent eligibility, aiding them in providing meaningful, tangible benefits and not merely abstract ideas."[1]

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Drugs Protected by US Patent 8,597,272

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Teva Branded Pharm ZECUITY sumatriptan succinate SYSTEM;IONTOPHORESIS 202278-001 Jan 17, 2013 DISCN Yes No 8,597,272 ⤷  Subscribe Y ⤷  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 8,597,272

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2008358027 ⤷  Subscribe
Australia 2015238858 ⤷  Subscribe
Canada 2727927 ⤷  Subscribe
Eurasian Patent Organization 025505 ⤷  Subscribe
Eurasian Patent Organization 201100056 ⤷  Subscribe
European Patent Office 2303392 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.