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Last Updated: December 25, 2024

Details for Patent: 8,955,512


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Summary for Patent: 8,955,512
Title:Method of forming an aerosol for inhalation delivery
Abstract: The present invention relates to the inhalation delivery of aerosols containing small particles. Specifically, it relates to a method of forming an aerosol for use in inhalation therapy. The method involves: (a) heating a substrate coated with a composition comprising a drug to form a vapor, wherein the coated composition is in the form of a film less than 10.mu. thick; and, (b) allowing the vapor to cool, thereby forming an aerosol, which is used in inhalation therapy. In another aspect, a method of forming an aerosol for use in inhalation therapy is provided, wherein the method comprises: (a) heating a substrate coated with a composition comprising a drug to form a vapor in less than 100 milliseconds, wherein the vapor has a mass greater than 0.1 mg; and, (b) allowing the vapor to cool, thereby forming an aerosol, which is used in inhalation therapy.
Inventor(s): Hale; Ron L. (Woodisde, CA), Hodges; Craig C. (Walnut Creek, CA), Lloyd; Peter M. (Walnut Creek, CA), Mufson; Daniel (Napa, CA), Rogers; Daniel D. (Oakland, CA), Song; Soonho (Stanford, CA), Wensley; Martin J. (San Francisco, CA), Myers; Daniel J. (Mountain View, CA), McKinney; Jeffrey A. (Foster City, CA), Quintana; Reynaldo J. (Redwood City, CA), Rabinowitz; Joshua D. (Princeton, NJ)
Assignee: Alexza Pharmaceuticals, Inc. (Mountain View, CA)
Application Number:13/851,577
Patent Claim Types:
see list of patent claims
Composition; Device;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 8,955,512: A Detailed Analysis

Introduction

United States Patent 8,955,512, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it offers. To fully comprehend this patent, it is essential to delve into its various components and the broader patent landscape.

Background of the Patent

Patent Overview

United States Patent 8,955,512 was granted on February 17, 2015. The patent typically includes a detailed description of the invention, drawings, and claims that define the scope of the invention.

Inventors and Assignees

The patent lists the inventors and the assignees, which are crucial for understanding the ownership and the development history of the invention.

Claims Analysis

Types of Claims

Patents include different types of claims, such as independent claims and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[4].

Claim Structure

Each claim in the patent is structured to define a specific aspect of the invention. For example, Claim 1 might define the overall invention, while subsequent claims might specify particular embodiments or features of the invention.

Claim Examples

To illustrate, let's consider a hypothetical example similar to those provided in the 2024 USPTO guidance update. If the patent is related to AI technology, Claim 1 might involve a broad description of an AI system, while Claim 2 could specify how the AI system is used in a practical application, such as enhancing speech recognition in hands-free environments. This specificity is crucial for determining patent eligibility, as it integrates the abstract idea into a practical application[1].

Scope of Protection

Subject Matter Eligibility

The scope of protection is heavily influenced by the subject matter eligibility of the claims. The USPTO's 2024 guidance update emphasizes the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. For instance, if a claim merely involves routine data processing without any practical application, it may be considered ineligible. However, if the claim specifies how the data is used to improve a real-world application, it is more likely to be eligible[1].

Practical Applications

The practical applications of the claimed method or system are vital in determining the scope of protection. Demonstrating how the abstract idea is applied to provide concrete benefits or solve specific problems in the relevant field is crucial. This could involve showing how the invention improves related technical fields, such as enhancing accuracy in speech recognition systems or providing better performance in voice-controlled systems[1].

Patent Landscape

Prior Art and Novelty

The patent landscape includes prior art, which are existing inventions and knowledge that predate the patent application. To be granted, the patent must demonstrate novelty and non-obviousness over the prior art. This involves a thorough search of existing patents, published patent applications, and other relevant documentation using tools like the USPTO's Patent Public Search and Global Dossier[4].

Patent Families and Citations

Understanding the patent family, which includes all related applications filed at participating IP Offices, is important. Tools like the Common Citation Document (CCD) help in consolidating prior art cited by multiple offices, providing a comprehensive view of the patent's position within the global patent system[4].

Legal and Policy Considerations

Recent Case Law and Guidance

The interpretation of patent claims is influenced by recent case law and guidance updates. For example, the 2024 USPTO guidance update clarifies how AI-assisted inventions are evaluated, ensuring they are treated on equal footing with other technologies. This distinction is crucial for ensuring that the use of AI as a tool does not exclude inventions from eligibility, provided there is significant human contribution[1].

Small Claims Patent Court

There are ongoing discussions and studies about the feasibility of a small claims patent court, which could impact the enforcement and litigation landscape for patents like 8,955,512. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes, particularly for smaller entities[5].

Search and Analysis Tools

USPTO Resources

The USPTO provides several resources for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These tools enable users to search, view, and download bibliographic data for patent applications and granted patents[4].

Patent Claims Research Dataset

The Patent Claims Research Dataset, maintained by the USPTO, contains detailed information on claims from U.S. patents and patent applications. This dataset can be used to analyze trends and statistics related to patent claims and scope, providing valuable insights into the patent landscape[3].

Key Takeaways

  • Claims Structure: The structure of claims is critical, with independent claims defining the invention and dependent claims further limiting them.
  • Practical Applications: Integrating abstract ideas into practical applications is essential for patent eligibility.
  • Prior Art: A thorough search of prior art is necessary to demonstrate novelty and non-obviousness.
  • Legal and Policy Considerations: Recent case law and guidance updates, such as the 2024 USPTO guidance, significantly impact the interpretation of patent claims.
  • Search and Analysis Tools: Utilizing USPTO resources and datasets can provide comprehensive insights into the patent landscape.

FAQs

What is the significance of integrating judicial exceptions into practical applications in patent claims?

Integrating judicial exceptions into practical applications is crucial for ensuring patent eligibility. It transforms abstract ideas into patent-eligible subject matter by providing meaningful limits and practical utility[1].

How does the 2024 USPTO guidance update impact AI-assisted inventions?

The 2024 USPTO guidance update clarifies that the method of invention development, including the use of AI, does not impact subject matter eligibility. AI-assisted inventions are evaluated on equal footing with other technologies, provided there is significant human contribution[1].

What tools can be used to search and analyze patents?

The USPTO provides several tools, including the Patent Public Search, Global Dossier, and the Patent Examination Data System (PEDS), to search and analyze patents. Additionally, the Patent Claims Research Dataset can be used to analyze trends and statistics related to patent claims[3][4].

Why is prior art important in patent applications?

Prior art is essential for demonstrating novelty and non-obviousness. A thorough search of prior art ensures that the patent application does not infringe on existing inventions and knowledge[4].

What is the proposed small claims patent court, and how might it impact patent enforcement?

The proposed small claims patent court aims to provide a streamlined and cost-effective process for resolving patent disputes, particularly for smaller entities. This could simplify the enforcement and litigation process for patents like 8,955,512[5].

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. Search for patents - USPTO
  5. U.S. Patent Small Claims Court - ACUS

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Drugs Protected by US Patent 8,955,512

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 8,955,512

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1389098 ⤷  Subscribe C300609 Netherlands ⤷  Subscribe
European Patent Office 1389098 ⤷  Subscribe CA 2013 00046 Denmark ⤷  Subscribe
European Patent Office 1389098 ⤷  Subscribe CR 2013 00046 Denmark ⤷  Subscribe
European Patent Office 1389098 ⤷  Subscribe 1390040-2 Sweden ⤷  Subscribe
European Patent Office 1389098 ⤷  Subscribe 300609 Netherlands ⤷  Subscribe
European Patent Office 1389098 ⤷  Subscribe 473 Finland ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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