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Last Updated: December 22, 2024

Details for Patent: 9,770,407


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Summary for Patent: 9,770,407
Title:Parenteral carbamazepine formulation
Abstract: The present invention is directed to a carbamazepine-cyclodextrin inclusion complex useful for the parenteral administration of carbamazepine. The carbamazepine-cyclodextrin inclusion complex is prepared by the admixture of a modified cyclodextrin and carbamazepine in a physiologically acceptable fluid. Modified cyclodextrins include 2-hydroxypropyl-beta-cyclodextrin and sulfoalkyl cyclodextrins. More particularly, the sulfoalkyl cyclodextrins are those described and disclosed in U.S. Pat. Nos. 5,134,127 and 5,376,645. A physiologically acceptable fluid includes sterile isotonic water, Ringer's lactate, D5W (5% dextrose in water), physiological saline, and similar fluids suitable for parenteral administration.
Inventor(s): Cloyd; James (Edina, MN), Birnbaum; Angela (Minneapolis, MN), Leppik; Ilo (Minneapolis, MN), Collins; Stephen D. (Lake Forest, IL)
Assignee: LUNDBECK PHARMACEUTICALS LLC (Deerfield, IL)
Application Number:14/051,938
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,770,407
Patent Claim Types:
see list of patent claims
Composition; Delivery;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 9,770,407: A Detailed Analysis

Introduction to Patents and Patent Claims

Patents are property rights granted to inventors by the U.S. government, allowing them to exclude others from making, using, offering for sale, or selling their inventions within the United States or importing them into the country[2].

The Importance of Patent Claims

Patent claims are crucial as they define the scope of the patent's protection. These claims must be clear, specific, and inform those skilled in the art with reasonable certainty what the invention is and what it covers[2][5].

United States Patent 9,770,407 Overview

To analyze the scope and claims of United States Patent 9,770,407, one must first understand the general context of the patent. This patent, like others, would have been granted after a thorough examination process by the USPTO to ensure it meets the criteria of being novel, non-obvious, and useful[2].

Claim Construction and Interpretation

Claim construction is a critical step in understanding the scope of a patent. It is a question of law that receives de novo review on appeal. The Federal Circuit has emphasized that claim construction must be done on a claim-by-claim basis, ensuring that each claim informs those skilled in the art with reasonable certainty[5].

Elements of Patent Claims

Patent claims typically include several key elements:

  • Independent Claims: These claims stand alone and define the invention without reference to other claims.
  • Dependent Claims: These claims refer back to and further limit the independent claims.
  • Claim Language: The language used must be clear and specific to avoid indefiniteness, which is a legal conclusion reviewed de novo[5].

Patent Eligibility and Subject Matter

The USPTO's recent guidance updates, such as those effective July 17, 2024, have refined the process for determining the patent eligibility of AI-related inventions. This includes evaluating whether a claim integrates a judicial exception into a practical application, which is essential for determining patent eligibility[1].

Analyzing the Claims of US Patent 9,770,407

To analyze the specific claims of US Patent 9,770,407, one would need to:

  • Identify Independent and Dependent Claims: Determine which claims are independent and which are dependent, and how they relate to each other.
  • Evaluate Claim Language: Assess the clarity and specificity of the claim language to ensure it meets the requirements for patentability.
  • Check for Practical Application: Ensure that the claims integrate any abstract ideas into practical applications, as required by recent USPTO guidance[1].

Example Analysis

For instance, if US Patent 9,770,407 involves AI technology, the claims would need to demonstrate how the AI is applied in a way that provides concrete benefits or solves specific problems. This could involve showing how an artificial neural network is used to identify anomalies in a specific field, thereby improving technology or providing a practical application[1].

Real-World Applications and Benefits

The claims must highlight real-world applications of the method or system to bolster the argument for patent eligibility. For example, if the patent involves a speech recognition system, the claims should specify how the AI enhances the accuracy of voice commands in hands-free environments, demonstrating clear benefits and meeting the criteria for patent eligibility[1].

Incorporation of Recent Case Law

The analysis should also consider recent Federal Circuit decisions that integrate the latest judicial thinking on patent eligibility. This ensures consistency and clarity in the application of patent eligibility criteria, particularly relevant for AI inventions[1].

Patent Landscape and Competitors

Understanding the broader patent landscape is crucial. This involves identifying similar patents, competitors, and potential infringement issues. Databases such as PatentsView and the USPTO's own datasets can provide valuable insights into the patent landscape and help in disambiguating inventor and assignee data[4].

Economic and Strategic Implications

The patent's economic and strategic implications should also be considered. This includes how the patent can be used to exclude competitors, the potential for licensing, and the overall impact on the market. Economic research datasets from the USPTO can provide insights into patent scope and economic trends related to patents[3].

Key Takeaways

  • Clear and Specific Claims: Ensure that the claims are clear, specific, and inform those skilled in the art with reasonable certainty.
  • Practical Application: The claims must integrate any abstract ideas into practical applications.
  • Real-World Benefits: Highlight real-world applications and benefits of the invention.
  • Recent Case Law: Incorporate recent Federal Circuit decisions to ensure consistency and clarity.
  • Patent Landscape: Understand the broader patent landscape to identify competitors and potential issues.

FAQs

What is the primary purpose of patent claims in a patent application?

The primary purpose of patent claims is to define the scope of the patent's protection, informing those skilled in the art with reasonable certainty what the invention is and what it covers[2].

How does the USPTO determine the patent eligibility of AI-related inventions?

The USPTO determines patent eligibility by evaluating whether the claim integrates a judicial exception into a practical application, assessing additional elements to impose meaningful limits on the exception, and ensuring the claimed invention offers a concrete technological improvement[1].

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

Independent claims stand alone and define the invention without reference to other claims, while dependent claims refer back to and further limit the independent claims. This structure helps in defining the scope of the patent protection[5].

How do recent Federal Circuit decisions impact the patent eligibility of AI inventions?

Recent Federal Circuit decisions integrate the latest judicial thinking on patent eligibility, ensuring consistency and clarity in the application of patent eligibility criteria, particularly relevant for AI inventions[1].

What resources are available for analyzing the patent landscape?

Resources such as the PatentsView database and the USPTO's economic research datasets provide detailed information on patents, inventors, and assignees, helping in disambiguating data and understanding the broader patent landscape[3][4].

Cited Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. Patents | The Maryland People's Law Library
  3. Patent Claims Research Dataset - USPTO
  4. Data Download Tables - PatentsView
  5. VASCULAR SOLUTIONS LLC v. MEDTRONIC, INC. - Federal Circuit Court of Appeals

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Drugs Protected by US Patent 9,770,407

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Lundbeck Pharms Llc CARNEXIV carbamazepine SOLUTION;INTRAVENOUS 206030-001 Oct 7, 2016 DISCN Yes No ⤷  Subscribe ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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