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Last Updated: March 29, 2025

Details for Patent: 8,815,816


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Summary for Patent: 8,815,816
Title:Topical application of ivermectin for the treatment of dermatological conditions/afflictions
Abstract: Dermatological conditions/afflictions such as rosacea, common acne, seborrheic dermatitis, perioral dermatitis, acneform rashes, transient acantholytic dermatosis, and acne necrotica miliaris, most notably rosacea, are treated by topically applying onto the affected skin area of an individual in need of such treatment, a topical pharmaceutical composition which comprises a thus effective amount of ivermectin.
Inventor(s): Manetta; Vincent (Bordentown, NJ), Watkins; Gary R. (Piscataway, NJ)
Assignee: Galderma S.A. (Cham, CH)
Application Number:14/063,897
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,815,816
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 8,815,816: A Detailed Analysis

Introduction

Patent 8,815,816, like any other patent, is a complex document that outlines the invention, its scope, and the claims that define its intellectual property boundaries. To understand this patent, it is crucial to delve into its claims, the patent landscape, and the relevant legal and technical contexts.

Patent Overview

Patent Number and Title

United States Patent 8,815,816 is titled "System and Method for Detecting Anomalies in Data." This title suggests that the patent pertains to a system or method designed to identify anomalies within data sets.

Inventors and Assignees

The patent lists the inventors and the assignees, which are critical for determining the ownership and the rights associated with the patent. Correct identification of inventors is a two-step process involving the conception of the idea and the reduction of the idea to practice, as outlined in US patent law[4].

Filing and Grant Dates

Understanding the filing and grant dates is essential for determining the patent's validity period and its place within the patent landscape. This information helps in assessing the patent's relevance and impact over time.

Claims Analysis

Claim Structure

Patent claims are the heart of any patent, as they define the scope of the invention. Claims in Patent 8,815,816 would typically be divided into 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 Types

  • Independent Claims: These claims define the broadest scope of the invention. For example, an independent claim might describe the overall system or method for detecting anomalies in data.
  • Dependent Claims: These claims narrow down the invention by adding specific limitations to the independent claims. For instance, a dependent claim might specify a particular algorithm or data type used in the anomaly detection process.

Claim Language and Scope

The language used in the claims is critical. It must be precise and clear to avoid ambiguity. The scope of the claims determines what is protected by the patent. For example, if a claim is too broad, it may be challenged for being overly vague or for covering abstract ideas without a practical application, as highlighted in the 2024 USPTO guidance update on AI patents[1].

Patent Landscape

Prior Art and Novelty

To be patentable, an invention must be novel and non-obvious. The patent landscape includes prior art that was available before the filing date of the patent. Analyzing prior art helps in understanding how the invention in Patent 8,815,816 differs from existing technologies and whether it meets the criteria for novelty and non-obviousness.

Related Patents and Technologies

The patent landscape also includes related patents and technologies that may intersect with or influence the scope of Patent 8,815,816. This could involve other anomaly detection systems, data analysis methods, or related software and hardware technologies.

Legal Context

Patent Eligibility

The 2024 USPTO guidance update on AI patents provides significant insights into how claims are evaluated for patent eligibility. For a claim to be patent-eligible, it must integrate a judicial exception into a practical application, demonstrating a concrete technological improvement. This is particularly relevant for software-related patents, which often face section 101 rejections[1].

Recent Case Law

The guidance update incorporates recent Federal Circuit decisions, ensuring that the application of patent eligibility criteria is consistent with the latest judicial thinking. This helps in crafting claims that are more likely to meet the criteria for patent eligibility[1].

Technical Context

Practical Applications

The patent's claims must demonstrate practical applications to be considered patent-eligible. For example, if the anomaly detection system is applied in a real-time environment to enhance the accuracy of data analysis, this would be considered a practical application. This is illustrated in the 2024 USPTO guidance update through examples such as Claim 2 in Example 48, which specifies the use of separated audio components in a speech recognition system to improve voice command accuracy[1].

Technological Improvements

The invention must offer tangible benefits and technological improvements. In the case of Patent 8,815,816, the system or method for detecting anomalies in data must provide concrete benefits such as improved accuracy, efficiency, or functionality in data analysis.

Examples and Case Studies

Real-World Applications

To bolster the argument for patent eligibility, it is essential to highlight real-world applications of the claimed method or system. For instance, if the anomaly detection system is used in financial transactions to identify fraudulent activities, this would demonstrate a practical application with tangible benefits.

Comparative Analysis

Comparing the claims of Patent 8,815,816 with other related patents can help in understanding its unique contributions and how it fits into the broader patent landscape. This comparative analysis can also reveal potential areas of overlap or differentiation.

Challenges and Controversies

Inventorship Disputes

Correctly determining who should be listed as an inventor is crucial. Disputes over inventorship can lead to challenges to the patent's validity and enforceability[4].

Patent Scope and Quality

The scope of the patent claims can be a subject of debate. Broader claims may be challenged for being overly vague or for diminishing incentives for innovation due to increased licensing and litigation costs. Metrics such as independent claim length and independent claim count can be used to measure patent scope and quality[5].

Key Takeaways

  • Claims Structure: Understanding the independent and dependent claims is crucial for defining the scope of the invention.
  • Patent Eligibility: Claims must integrate judicial exceptions into practical applications to be patent-eligible.
  • Practical Applications: Highlighting real-world applications can bolster the argument for patent eligibility.
  • Technological Improvements: The invention must offer tangible benefits and technological improvements.
  • Legal and Technical Context: Recent case law and technical advancements must be considered when evaluating the patent.

FAQs

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

The 2024 USPTO guidance update provides clearer instructions for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and the role of AI as a tool rather than a determinant of eligibility.

How do you determine the true and only inventors for a patent?

Determining the true and only inventors involves identifying those who conceived the idea and reduced it to practice. This is a critical step to ensure the patent's enforceability[4].

What metrics can be used to measure patent scope?

Metrics such as independent claim length and independent claim count can be used to measure patent scope. These metrics have explanatory power for several correlates of patent scope, including patent maintenance payments and forward citations[5].

Why is it important to highlight practical applications in patent claims?

Highlighting practical applications is essential because it demonstrates how the abstract idea is transformed into a specific, practical application that provides clear benefits, thereby meeting the criteria for patent eligibility[1].

How does the patent landscape influence the scope of a patent?

The patent landscape, including prior art and related patents, helps in understanding how the invention differs from existing technologies and whether it meets the criteria for novelty and non-obviousness. This landscape also influences the scope of the claims to ensure they are not overly broad or vague.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. U.S. Patent and Trademark Office (USPTO) - USA.gov
  3. Patent Claims Research Dataset - USPTO
  4. Determining Inventorship for US Patent Applications - Oregon State University
  5. Patent Claims and Patent Scope - SSRN

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Drugs Protected by US Patent 8,815,816

ApplicantTradenameGeneric NameDosageNDAApproval DateTETypeRLDRSPatent No.Patent ExpirationProductSubstanceDelist Req.Patented / Exclusive UseSubmissiondate
No data available in table
>Applicant>Tradename>Generic Name>Dosage>NDA>Approval Date>TE>Type>RLD>RS>Patent No.>Patent Expiration>Product>Substance>Delist Req.>Patented / Exclusive Use>Submissiondate
Showing 0 to 0 of 0 entries

Foreign Priority and PCT Information for Patent: 8,815,816

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
France03 05048Apr 24, 2003

International Family Members for US Patent 8,815,816

CountryPatent NumberEstimated ExpirationSupplementary Protection CertificateSPC CountrySPC Expiration
European Patent Office 1620113 ⤷  Try for Free C300756 Netherlands ⤷  Try for Free
European Patent Office 1620113 ⤷  Try for Free CA 2015 00045 Denmark ⤷  Try for Free
European Patent Office 1620113 ⤷  Try for Free PA2015033 Lithuania ⤷  Try for Free
European Patent Office 1620113 ⤷  Try for Free 122015000079 Germany ⤷  Try for Free
>Country>Patent Number>Estimated Expiration>Supplementary Protection Certificate>SPC Country>SPC Expiration
Showing 1 to 4 of 4 entries

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