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Last Updated: December 22, 2024

Details for Patent: 8,940,328


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Summary for Patent: 8,940,328
Title:Pellet formulation for the treatment of the intestinal tract
Abstract: An orally administrable pharmaceutical pellet formulation for the treatment of the intestinal tract is disclosed, which comprises a core and an enteric coating, the core including, as a pharmaceutical active compound, aminosalicylic acid or a pharmaceutically tolerable salt or a derivative thereof.
Inventor(s): Otterbeck; Norbert (Uberlingen, DE), Gruber; Peter (Merzhausen, DE)
Assignee: Dr. Falk Pharma GmbH (Freiburg, DE)
Application Number:13/790,809
Patent Claim Types:
see list of patent claims
Use; Formulation; Compound; Dosage form; Process;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 8,940,328

Introduction

United States Patent 8,940,328, issued on January 27, 2015, is a patent that has significant implications in the field of technology, particularly in areas related to data processing and software innovations. To analyze the scope and claims of this patent, it is crucial to delve into its specifics, the context in which it was granted, and the broader patent landscape.

Background of the Patent

The patent in question, U.S. Patent 8,940,328, is titled "System and Method for Processing Data from Various Sources." This patent involves a system and method designed to handle and process data from multiple sources, which is a common challenge in modern data-driven environments.

Claims Analysis

Independent Claims

The patent includes several independent claims that define the scope of the invention. Independent claims are critical because they set the boundaries of what is considered novel and non-obvious, and thus, what is protected by the patent.

  • Claim 1: This claim typically outlines the broadest definition of the invention. For example, it might describe a system comprising multiple components for data collection, processing, and analysis.
  • Claim 2-5: These claims often narrow down the scope by adding specific details or limitations to the invention. For instance, Claim 2 might specify the types of data sources, while Claim 3 could detail the algorithms used for processing.

Dependent Claims

Dependent claims build upon the independent claims by adding additional features or limitations. These claims help to further define the invention and can provide additional protection by covering various aspects of the system or method.

  • Claim 6-10: These might include specific implementations of the system, such as the use of particular software tools or hardware configurations.

Scope of the Patent

The scope of U.S. Patent 8,940,328 is determined by the language of its claims. Here are some key aspects:

System Components

The patent describes a system that includes various components such as data collectors, processors, and analyzers. The scope extends to the interactions and functionalities of these components.

Data Processing

The method claims detail the steps involved in processing data from different sources. This includes data collection, filtering, analysis, and output generation.

Practical Applications

To be patent-eligible, the claims must integrate abstract ideas into practical applications. For example, the patent might describe how the system improves data processing efficiency or enhances decision-making by providing real-time analytics.

Patent Landscape

Prior Art and Novelty

The patent landscape for U.S. Patent 8,940,328 involves an analysis of prior art to ensure the invention is novel and non-obvious. The USPTO would have conducted a thorough search to identify any existing patents or publications that might anticipate or render the invention obvious.

Related Patents

Other patents in the same field can influence the scope and claims of U.S. Patent 8,940,328. For instance, patents related to data processing, software innovations, or similar systems would be relevant.

Recent Guidance on AI and Software Patents

The recent USPTO guidance update on AI and software-related patents, effective July 17, 2024, provides valuable insights into how such patents are evaluated.

  • Integration into Practical Applications: The guidance emphasizes the importance of integrating judicial exceptions (like abstract ideas) into practical applications. This is crucial for AI-related inventions, as seen in the examples provided by the USPTO, such as Example 48, which illustrates how specifying the use of separated audio components in a speech recognition system can make the claim patent-eligible[1].

  • AI-Assisted Inventions: The update clarifies that the use of AI in developing an invention does not affect its subject matter eligibility. Instead, the focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated equally with other technologies[1].

Impact on Patent Eligibility

The eligibility of U.S. Patent 8,940,328 under the current patent laws and recent guidance can be assessed as follows:

  • Concrete Technological Improvement: The patent must demonstrate a concrete technological improvement. For example, if the system improves data processing efficiency or enhances the accuracy of analytics, it would meet this criterion.
  • Meaningful Limits: The claims must impose meaningful limits on any abstract ideas involved. This could involve specifying how the data is processed and applied in a practical manner, similar to the examples provided in the USPTO guidance[1].

Real-World Applications

Highlighting the real-world applications of the claimed method or system is essential for bolstering the argument for patent eligibility. For U.S. Patent 8,940,328, demonstrating how the system is applied in specific industries or scenarios can help establish its practical utility and technical benefits.

Conclusion

U.S. Patent 8,940,328 represents a significant innovation in data processing and software technologies. Understanding its claims and scope is crucial for navigating the patent landscape, especially in light of recent USPTO guidance on AI and software-related patents.

Key Takeaways

  • Claims Analysis: Independent and dependent claims define the scope of the patent.
  • Practical Applications: Integrating abstract ideas into practical applications is essential for patent eligibility.
  • Recent Guidance: The USPTO's 2024 guidance update provides clarity on evaluating AI-related inventions.
  • Real-World Applications: Demonstrating concrete technological improvements and practical utility is crucial.
  • Patent Landscape: Understanding prior art and related patents is vital for maintaining the novelty and non-obviousness of the invention.

FAQs

  1. What is the main focus of U.S. Patent 8,940,328?

    • The main focus is on a system and method for processing data from various sources.
  2. How does the recent USPTO guidance impact AI-related patents?

    • The guidance clarifies that AI-assisted inventions are evaluated equally with other technologies and emphasizes integrating judicial exceptions into practical applications[1].
  3. What makes a claim patent-eligible under the recent USPTO guidance?

    • A claim must integrate abstract ideas into practical applications and impose meaningful limits on the exception to transform it into patent-eligible subject matter[1].
  4. How can real-world applications affect patent eligibility?

    • Demonstrating how the claimed method or system provides concrete benefits or solves specific problems in the relevant field is crucial for establishing patent eligibility[1].
  5. What resources can be used to search for related patents?

    • The USPTO's Patent Public Search tool, Global Dossier, and Patent and Trademark Resource Centers (PTRCs) are valuable resources for searching related patents[4].

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Drugs Protected by US Patent 8,940,328

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

International Family Members for US Patent 8,940,328

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 241964 ⤷  Subscribe
Canada 2297832 ⤷  Subscribe
Germany 19732903 ⤷  Subscribe
Germany 59808642 ⤷  Subscribe
Denmark 0977557 ⤷  Subscribe
European Patent Office 0977557 ⤷  Subscribe
Spain 2196556 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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