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Last Updated: January 6, 2025

Details for Patent: 8,834,849


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Summary for Patent: 8,834,849
Title:Medicinal aerosols and methods of delivery thereof
Abstract: The replacement of chlorofluorohydrocarbon propellants in medical aerosols is of the utmost importance to the pharmaceutical industry. A number of formulations have been investigated. The present invention provides a medical aerosol formulation comprising a particular medicament, a fluorocarbon propellant and 6 to 25% w/w of the total formulation of a polar co-solvent, such formulation being substantially free of surfactant. Canisters suitable for delivering such a pharmaceutical formulation are also provided.
Inventor(s): Millar; Fiona Catherine (Waterford, IE)
Assignee: Norton Healthcare Limited (London, GB)
Application Number:12/455,236
Patent Claim Types:
see list of patent claims
Formulation; Delivery;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 8,834,849: A Detailed Analysis

Introduction

United States Patent 8,834,849, 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 various components and understand the broader patent landscape.

Patent Overview

Patent Number and Title

United States Patent 8,834,849 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 inventors and assignees of the patent are crucial as they indicate the ownership and the individuals responsible for the invention. This information can be found in the patent document itself.

Filing and Grant Dates

The filing date and the grant date are important milestones. The filing date marks when the patent application was submitted, while the grant date is when the patent was officially issued. These dates can influence the patent's validity and the period of protection.

Claims Analysis

Independent and Dependent Claims

Patent claims are the heart of any patent, as they define the scope of protection. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide more specific details.

  • Independent Claims: These claims outline the core aspects of the invention. For example, in a patent related to anomaly detection, an independent claim might describe the overall system or method for detecting anomalies.
  • Dependent Claims: These claims narrow down the invention by adding specific features or limitations. For instance, a dependent claim might specify the type of data being analyzed or the algorithm used for anomaly detection.

Claim Construction

Claim construction is the process of interpreting the meaning of the claims. This is crucial for determining the scope of protection and for litigation purposes. The USPTO and courts use various tools and guidelines to construct claims, ensuring they are clear and consistent with the invention described in the specification.

Scope of Protection

Subject Matter Eligibility

The scope of protection is heavily influenced by subject matter eligibility, which determines whether the invention falls within the categories of patentable subject matter. Recent updates, such as the 2024 USPTO guidance on AI patents, emphasize the importance of integrating judicial exceptions into practical applications to ensure patent eligibility[1].

Novelty and Non-Obviousness

The invention must be novel and non-obvious to be patentable. This means it must be new and not an obvious improvement over existing technologies. The patent office conducts a thorough search of prior art to ensure these criteria are met.

Patent Landscape

Prior Art and Citations

Understanding the prior art and citations is essential for placing the patent within the broader technological landscape. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) help in identifying relevant prior art and citations[4].

Related Patents and Applications

Identifying related patents and applications can provide insights into the competitive landscape and potential areas for innovation. The Global Dossier service offered by the USPTO allows users to view the file histories of related applications from participating IP offices[4].

Practical Applications and Examples

Real-World Applications

To ensure patent eligibility, especially for AI-related inventions, it is crucial to demonstrate real-world applications. For example, if the patent involves an AI model for anomaly detection, showing how this model improves the accuracy of anomaly detection in a specific industry (e.g., finance or healthcare) can bolster the argument for patent eligibility[1].

Case Law and Examples

Recent case law and examples provided by the USPTO, such as Examples 47-49 in the 2024 guidance update, illustrate how claims involving AI can meet eligibility criteria by demonstrating concrete technological improvements. For instance, Example 48 shows how AI-based methods for analyzing speech signals can be patent-eligible by specifying practical applications that enhance the accuracy of voice commands[1].

Economic and Legal Implications

Economic Impact

Patents like 8,834,849 can have significant economic implications. They can protect innovations that drive business growth and competitiveness. The USPTO's economic research datasets provide insights into the economic impact of patents, including measures of patent scope and the dependency relationship between claims[3].

Legal Considerations

Legal considerations, such as the potential for litigation and the need for a small claims patent court, are also important. Studies by the Administrative Conference of the United States (ACUS) on small claims patent courts highlight the need for streamlined legal processes to handle patent disputes efficiently[5].

Key Takeaways

  • Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of protection.
  • Subject Matter Eligibility: Ensuring the invention integrates judicial exceptions into practical applications is key for patent eligibility.
  • Prior Art and Citations: Conducting thorough searches of prior art and citations helps in placing the patent within the broader technological landscape.
  • Real-World Applications: Demonstrating real-world applications of the invention is essential for bolstering the argument for patent eligibility.
  • Economic and Legal Implications: Patents can have significant economic and legal implications, influencing business growth and competitiveness.

FAQs

What is the significance of independent and dependent claims in a patent?

Independent claims define the core aspects of the invention, while dependent claims provide more specific details and narrow down the invention.

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

The update clarifies that AI-assisted inventions are evaluated on equal footing with other technologies, focusing on the claimed invention itself rather than the method of invention development. It also provides new examples illustrating how AI-related claims can meet eligibility criteria.

What tools does the USPTO provide for searching prior art and citations?

The USPTO offers tools such as the Patent Public Search, Global Dossier, and Common Citation Document (CCD) to help users identify relevant prior art and citations.

Why is demonstrating real-world applications important for patent eligibility?

Demonstrating real-world applications helps integrate judicial exceptions into practical applications, which is crucial for ensuring patent eligibility, especially for AI-related inventions.

What is the role of the Administrative Conference of the United States (ACUS) in patent law?

ACUS conducts studies and provides recommendations on various aspects of patent law, including the feasibility of a small claims patent court, to streamline legal processes and improve the patent system.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz.
  2. U.S. Patent and Trademark Office (USPTO) | USAGov.
  3. Patent Claims Research Dataset - USPTO.
  4. Search for patents - USPTO.
  5. U.S. Patent Small Claims Court - ACUS.

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Drugs Protected by US Patent 8,834,849

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 8,834,849

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9616237.5Aug 1, 1996

International Family Members for US Patent 8,834,849

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 215359 ⤷  Subscribe
Australia 3038197 ⤷  Subscribe
Australia 721920 ⤷  Subscribe
Canada 2261879 ⤷  Subscribe
Germany 69711637 ⤷  Subscribe
Denmark 0918507 ⤷  Subscribe
European Patent Office 0918507 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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