Details for Patent: RE44846

Summary for Patent: RE44846

Title:	Needle assisted jet injector
Abstract:	A jet injection device with a fluid chamber in a housing member for holding about 0.02 ml to about 3 ml of a medicament. An injection-assisting needle has an injection end that extends from the housing for inserting into a patient to a depth of up to about 5 mm. A force-generating source is configured to apply a pressure reaching about 100-1000 psi to the medicament in the chamber to expel the medicament through the injecting end of the needle.
Inventor(s):	Sadowski; Peter L. (Woodbury, MN), Deboer; David M. (Grand Rapids, MI), Berman; Claude L. (Effingham, NH), Lesch, Jr.; Paul R. (Lino Lakes, MN), Holland; Margaret L. (New Haven, CT)
Assignee:	Antares Pharma, Inc. (Ewing, NJ)
Application Number:	13/531,023
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent RE44846
Patent Claim Types: see list of patent claims	Device; Dosage form;

Understanding the Scope and Claims of United States Patent RE44846

Introduction

Patent RE44846 is a reissue patent that has garnered attention due to its implications in the pharmaceutical and medical device sectors. To delve into the specifics of this patent, it is crucial to analyze its scope, claims, and the broader patent landscape it operates within.

What is a Reissue Patent?

A reissue patent is a new patent that is issued to replace an original patent, often to correct errors or to broaden or narrow the claims of the original patent. This process allows patent holders to make significant changes to the patent, which can impact its scope and validity[2].

Patent Details: RE44846

• Patent Claim Types: The patent includes claims related to devices and dosage forms, indicating its application in medical and pharmaceutical fields.
• Protected Subject Matter: The patent protects specific inventions related to drug delivery systems or medical devices, which are critical in the healthcare industry[2].

Scope of the Patent

The scope of a patent is defined by its claims, which outline the boundaries of the invention. Here are some key aspects to consider:

Claim Language and Scope

• The scope of a patent is often measured by metrics such as independent claim length and independent claim count. Narrower claims tend to have a higher probability of grant and a shorter examination process, while broader claims may face more scrutiny and longer examination times[3].

Patent Claims Analysis

• For RE44846, the claims would need to be scrutinized to determine their breadth and specificity. Broader claims might cover a wider range of applications but could be more susceptible to challenges and litigation. Narrower claims, on the other hand, provide clearer boundaries but may limit the patent's applicability[3].

Examination Process and Continuation Procedures

The examination process for patents, including reissue patents, involves several stages that can affect the scope and claims.

First-Action Allowance Rate

• The first-action allowance rate indicates the proportion of applications allowed without further examination. This rate can vary significantly depending on the technology field and the quality of the initial application[1].

Continuation Procedures

• Continuation procedures, such as Requests for Continued Examination (RCEs) and continuation-in-part (CIP) applications, allow applicants to update or expand their applications. These procedures can significantly impact the final scope of the patent, as they may introduce new subject matter or refine existing claims[1].

Technology Field and Patent Landscape

The technology field in which a patent operates can influence its scope and claims.

Technology Fields

• Patents in the pharmaceutical and medical device fields, like RE44846, are often categorized under specific technology classes such as "Drugs and Medical" or "Electrical and Electronics" if they involve device components. These fields have distinct trends and challenges in patenting[1].

Patenting Activity and Trends

• The National Science Foundation's data on patenting activity by technical field can provide insights into the broader landscape. For instance, patents in the medical field have seen significant growth, reflecting the innovative activities in healthcare[4].

Litigation and PTAB Cases

Patents, especially those in highly contested fields like pharmaceuticals, are often subject to litigation and challenges.

Patent Litigation

• RE44846, being a reissue patent, may be more vulnerable to litigation due to changes made during the reissue process. Litigation can challenge the validity and scope of the patent claims[2].

PTAB Cases

• The Patent Trial and Appeal Board (PTAB) handles post-grant challenges to patents. Any PTAB cases related to RE44846 would provide valuable insights into the patent's strength and the challenges it faces[2].

Industry Impact and Innovation

The scope and claims of a patent like RE44846 can have significant implications for industry innovation.

Innovation Incentives

• The breadth and clarity of patent claims can influence innovation incentives. Narrower, clearer claims can reduce licensing and litigation costs, encouraging further innovation[3].

Market Competition

• The patent landscape in the pharmaceutical and medical device sectors is highly competitive. A patent with well-defined claims can provide a competitive edge, while overly broad or vague claims might lead to disputes and hinder innovation[3].

Key Takeaways

• Patent Scope: Defined by claim language and metrics such as independent claim length and count.
• Examination Process: Influenced by first-action allowance rates and continuation procedures.
• Technology Field: Categorized under specific fields like "Drugs and Medical."
• Litigation and PTAB Cases: Critical in determining the patent's validity and scope.
• Industry Impact: Affects innovation incentives and market competition.

FAQs

1. What is a reissue patent?

   • A reissue patent is a new patent issued to replace an original patent, often to correct errors or to broaden or narrow the claims.

2. How do continuation procedures affect patent scope?

   • Continuation procedures allow applicants to update or expand their applications, which can introduce new subject matter or refine existing claims, thus impacting the final scope of the patent.

3. Why is the scope of a patent important?

   • The scope of a patent defines its boundaries and affects its validity, litigation risks, and innovation incentives.

4. How does the technology field influence patenting?

   • Different technology fields have distinct trends, challenges, and classification systems that influence the patenting process and the scope of the patent.

5. What role does the PTAB play in patent disputes?

   • The PTAB handles post-grant challenges to patents, providing a forum for disputes over patent validity and scope.

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Yale Journal on Regulation.
2. DrugPatentWatch. (n.d.). Details for Patent: RE44846. DrugPatentWatch.
3. SSRN. (2016). Patent Claims and Patent Scope. Social Science Research Network.
4. National Science Foundation. (2022). Invention, Knowledge Transfer, and Innovation. National Center for Science and Engineering Statistics.

Drugs Protected by US Patent RE44846

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 RE44846

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Austria	240756
Austria	281195
Australia	5470499
China	1212867