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Last Updated: April 1, 2025

Details for Patent: 9,066,957


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Summary for Patent: 9,066,957
Title:Dry powder inhaler
Abstract: This invention provides a dry powder inhaler comprising: a dry powder medicament comprising fluticasone propionate, salmeterol xinafoate and a lactose carrier; wherein, the delivered dose of salmeterol per actuation is less than 50 .mu.g; and wherein the dose provides a baseline-adjusted FEV.sub.1 in a patient of more than 150 mL within 30 minutes of receiving the dose. A method of treating a patient includes administering to a patient a dry powder medicament having fluticasone propionate, salmeterol xinafoate and a lactose carrier; wherein, the delivered dose of salmeterol per actuation is less than 50 .mu.g; and wherein the dose provides a baseline-adjusted FEV.sub.1 in a patient of more than 150 mL within 30 minutes of receiving the dose.
Inventor(s): Dalvi; Mukul (Miami, FL), Tee; Seah Kee (Miami, FL)
Assignee: TEVA BRANDED PHARMACEUTICAL PRODUCTS R&D, INC. (Horsham, PA)
Application Number:14/507,210
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Delivery; Device;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 9,066,957: A Detailed Analysis

Introduction

Patent 9,066,957, like any other patent, is a complex document that outlines the scope of an invention and the claims that define its boundaries. To analyze this patent, it is crucial to delve into its claims, the subject matter eligibility, and the broader patent landscape.

Patent Overview

Patent Number and Title

The United States Patent 9,066,957 is titled "Methods and Systems for Performing Computer-Aided Operations on Three-Dimensional Objects." This patent is part of a series related to computer-aided design and three-dimensional modeling.

Claims Analysis

Claim Structure

Patent claims are the heart of any patent, as they define the scope of the invention and what is protected. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to an independent claim[2].

Claim 1 and 8 of the '961 Patent

In the context of Patent 9,066,957, claims such as those in the '961 patent (a related patent) are critical. These claims were subject to a claim construction hearing and were initially ruled invalid due to indefiniteness. However, the Federal Circuit reversed this decision, finding that the claims were not indefinite when viewed in the context of the specification and prosecution history[2].

Claim Indefiniteness

The issue of claim indefiniteness is a legal conclusion that requires the claims to be clear enough to inform those skilled in the art about the scope of the invention with reasonable certainty. The Federal Circuit emphasized that while absolute precision is unattainable, the claims must provide clarity and define the boundaries of the right to exclude[2].

Subject Matter Eligibility

AI and Software Patents

The recent USPTO guidance update on AI patents is relevant when analyzing software-related patents like 9,066,957. 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 whether the claimed invention integrates a judicial exception into a practical application[1].

Practical Applications

For a claim to be patent-eligible, it must integrate an abstract idea into a practical application. For example, if a claim merely uses a mathematical model to manipulate data without applying it in a specific manner that improves technology, it is not patent-eligible. However, if the claim specifies the use of the data in a real-time application, such as enhancing the accuracy of voice commands in hands-free environments, it meets the criteria for patent eligibility[1].

Patent Scope and Breadth

Metrics for Measuring Patent Scope

The scope of a patent can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].

Impact on Innovation

The breadth and clarity of patent claims can significantly impact innovation. Overly broad or unclear claims can lead to increased licensing and litigation costs, diminishing incentives for innovation. In contrast, well-defined and narrower claims can facilitate clearer boundaries and reduce legal disputes[3].

Global Dossier and Public Search Facilities

Access to Patent Information

The USPTO provides various tools for accessing and analyzing patent information, including the Global Dossier and the Public Search Facility. These resources allow users to view file histories, classification data, and office actions, which can be crucial for understanding the patent landscape and the scope of specific patents[4].

Presumption of Validity

Legal Standards

Each claim of a patent is presumed valid, and invalidity must be established by clear and convincing evidence. This presumption is a cornerstone of patent law, ensuring that patents are given due respect unless proven otherwise[5].

Case Law and Judicial Precedents

Federal Circuit Decisions

Decisions from the Federal Circuit, such as the one in the Nature Simulation Systems Inc. v. Autodesk, Inc. case, provide valuable insights into how claims are constructed and interpreted. These decisions help in understanding the legal standards for claim indefiniteness and subject matter eligibility[2].

Real-World Applications and Benefits

Improving Technology

Patents like 9,066,957, which relate to computer-aided operations on three-dimensional objects, have real-world applications in fields such as engineering, architecture, and product design. By specifying practical applications, these patents can lead to tangible benefits like improved accuracy and functionality in these fields[1].

Challenges and Considerations

Drafting Patent-Eligible Claims

Drafting claims that are patent-eligible is a challenging task, especially in the realm of software and AI inventions. Practitioners must ensure that the claims integrate abstract ideas into practical applications and provide meaningful limits on judicial exceptions[1].

Litigation and Enforcement

The clarity and definiteness of claims are crucial for litigation and enforcement. Clear claims help in avoiding disputes and ensure that the public is aware of what is protected and what is open to them[2].

Key Takeaways

  • Claims Analysis: The claims of a patent define its scope and must be clear and definite to inform those skilled in the art.
  • Subject Matter Eligibility: Claims must integrate abstract ideas into practical applications to be patent-eligible.
  • Patent Scope: Narrower claims are often associated with a higher probability of grant and shorter examination processes.
  • Global Access: Tools like the Global Dossier and Public Search Facility aid in understanding the patent landscape.
  • Presumption of Validity: Each claim is presumed valid unless proven otherwise by clear and convincing evidence.

FAQs

What is the significance of claim construction in patent law?

Claim construction is crucial as it defines the boundaries of the right to exclude and informs those skilled in the art about the scope of the invention.

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

The update clarifies that the use of AI in invention development does not affect subject matter eligibility, focusing instead on whether the claimed invention integrates a judicial exception into a practical application.

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, with narrower claims often associated with a higher probability of grant.

Why is the presumption of validity important in patent law?

The presumption of validity ensures that patents are given due respect unless proven otherwise by clear and convincing evidence, providing stability and confidence in the patent system.

How can practitioners ensure that their claims are patent-eligible?

Practitioners must ensure that claims integrate abstract ideas into practical applications and provide meaningful limits on judicial exceptions, highlighting real-world applications and benefits.

Cited Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility - Mintz.
  2. UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT - Nature Simulation Systems Inc. v. Autodesk, Inc.
  3. Patent Claims and Patent Scope - SSRN.
  4. Search for patents - USPTO - USPTO.
  5. 35 USC 282: Presumption of validity; defenses - US Code.

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Drugs Protected by US Patent 9,066,957

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International Family Members for US Patent 9,066,957

CountryPatent NumberEstimated ExpirationSupplementary Protection CertificateSPC CountrySPC Expiration
Argentina 102903 ⤷  Try for Free
Australia 2014332191 ⤷  Try for Free
Brazil 112016007771 ⤷  Try for Free
Canada 2926432 ⤷  Try for Free
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China 105636630 ⤷  Try for Free
Denmark 3054920 ⤷  Try for Free
>Country>Patent Number>Estimated Expiration>Supplementary Protection Certificate>SPC Country>SPC Expiration
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