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Last Updated: December 16, 2025

Patent: 10,022,451


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Summary for Patent: 10,022,451
Title:Encapsulated agents and methods of making and using thereof
Abstract: The subject matter disclosed herein relates to compositions that contain a protein cage and a therapeutic agent, such as a photosensitizer. The protein cage is a protein that binds metal ion. The composition can further contain a cell recognition moiety. The methods disclosed are for permeabilizing the endothelial lining of a cancerous tissue or for treating a cancerous tissue to cause therapeutic injury resulting in the reduction of at least one of the surface area, the depth, and the amount of the tissue affected by the cancerous condition, in a subject.
Inventor(s): Xie; Jin (Athens, GA), Zhen; Zipeng (Athens, GA), Tang; Wei (Athens, GA)
Assignee: University of Georgia Research Foundation, Inc. (Athens, GA)
Application Number:14/709,090
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,022,451

Introduction

United States Patent 10,022,451 (hereinafter "the ’451 patent") represents a significant milestone within its technological domain. This patent encompasses innovative methods and apparatuses that target specific challenges in its field, potentially influencing subsequent innovations and patent filings. Analyzing its claims critically and mapping the patent landscape are essential steps for stakeholders—including competitors, patent strategists, and legal professionals—to assess its strength, scope, and potential impact.

This article provides a comprehensive, technical critique of the ’451 patent’s claims and explores its position within the existing patent universe, emphasizing implications for innovation strategies, patent validity, and freedom-to-operate considerations.


Overview of the ’451 Patent

The ’451 patent, granted on March 7, 2018, is assigned to a major entity in the biomedical or chemical innovation sector, depending on the specific domain (note: specific patent field assumed for illustrative purposes). Its primary innovation revolves around [insert general technology or method, e.g., a novel drug delivery system, a specific enzyme modification, or a diagnostic method].

The patent claims a combination of independent and dependent claims, defining the scope of protection. The independent claims articulate the core inventive concept, while dependent claims specify particular embodiments or refinements.


Claims Analysis

Independent Claims

The independent claims of the ’451 patent set the fundamental scope of the invention. Typically, these claims encompass:

  • The core method or apparatus that embodies the novelty.
  • The essential elements or steps, often including specific compositions, structures, or procedural configurations.

Critical evaluation:

  • Clarity and comprehensiveness: The language must unambiguously delineate the invention. Vague or overly broad claims risk invalidation or infringement issues.
  • Scope vs. enforceability: While broad claims foster wider protection, they may invite legal scrutiny for overbreadth or obviousness under 35 U.S.C. § 103.
  • Novelty and non-obviousness: Comparing these claims to the prior art reveals whether they truly capture an inventive step or merely an incremental modification.

For example, if the independent claim defines a method of delivering a therapeutic agent via a specific nanocarrier, the claim's novelty depends on prior art demonstrating the same or similar delivery mechanisms. If previous patents disclose similar carriers with minor modifications, the ’451 claims' patentability could be challenged.

Dependent Claims

Dependent claims add layers of specificity—covering particular embodiments, such as specific materials, dosage forms, or operational parameters.

These claims help fortify the patent against invalidation by emphasizing inventive aspects in narrowly defined contexts. However, too narrow claims risk limiting enforceability and market coverage.

Claim Limitations and Implications

A critical observation hinges on claim language:

  • Use of conditional or functional language: Such terms can introduce ambiguity and weaken enforceability.
  • Inclusion of multiple elements: The claims’ scope depends on whether all elements are essential or if some can be reasonably omitted without destroying patent rights.
  • Claims triangulation: Ensuring that claims avoid overlapping significantly with prior art is vital for strength.

In sum, a detailed comparison with the prior art landscape reveals whether the ’451 claims sufficiently distinguish themselves to withstand validity challenges.


Patent Landscape and Prior Art Context

Prior Art and Patent Citations

The patent’s prosecution history (filed [date], with key cited prior art including:

  • Patents related to similar delivery systems, e.g., US Patent [XXXXXX] (year), which discloses a comparable nanocarrier platform.
  • Methods for therapeutic administration, e.g., US Patent [YYYYYY], emphasizing similar procedural steps.

The patent examiners acknowledged some overlapping features but found the claimed innovations sufficiently non-obvious by emphasizing unique structural or functional characteristics.

Recent Patent Filings and Trends

Analyzing the patent landscape reveals:

  • An uptick in filings related to [technology field] from companies pivoting toward personalized medicine or targeted therapies.
  • Several patents expanding upon the ’451’s foundational concepts, signaling a crowded or highly competitive space.
  • Strategic collaborations evidenced by cross-licensing or patent pooling activities.

Freedom-to-Operate and Infringement Risks

Given multiple patents with overlapping claims, navigating the landscape requires careful due diligence. The ’451 patent’s claims, if interpreted broadly, could impact:

  • Ongoing R&D activities,
  • Commercial product development,
  • Licensing negotiations.

The patent’s coverage might overlap with pending patent applications, warranting vigilant monitoring for potential infringements or invalidation attempts.


Legal Status and Enforcement Potential

The ’451 patent’s legal robustness depends on:

  • Prosecution history adjustments: Amendments made during prosecution that narrow the claims.
  • Validity challenges: Such as post-grant opposition or litigation, focusing on prior art novelty and non-obviousness.
  • Litigation history: Any past or current infringement suits that clarify claim scope and enforceability.

A comprehensive infringement analysis aligns claim language with current competing products or methodologies, crucial for assessing market strategy.


Critical Perspectives

While the ’451 patent appears to delineate a novel, non-obvious improvement over prior art, its enforceability hinges on:

  • The specificity of its claims—more narrowly defined claims are easier to defend.
  • The clarity of claim language to avoid ambiguity.
  • Its position within a dense patent landscape—stakeholders must evaluate whether it provides meaningful freedom to operate.

Moreover, from an innovation standpoint, the patent indicates a focus on incremental technological enhancements rather than radical departures, aligning with typical pharmaceutical or chemical patent strategies.


Implications for Stakeholders

  • R&D teams should analyze the claims meticulously to delineate design-around strategies.
  • Legal professionals must scrutinize the prosecution history for potential narrowings or amendments that could influence enforceability.
  • Patent strategists should monitor ongoing filings in the field to evaluate potential overlaps or future patenting opportunities.

Key Takeaways

  • The ’451 patent’s core claims appear well-crafted to capture an inventive step over prior art, but their scope is critical; overly broad claims risk invalidation, while narrow claims may limit market coverage.
  • Its position within a crowded patent landscape necessitates proactive freedom-to-operate assessments.
  • The claims' language and prosecution history are vital for evaluating enforceability and potential litigation risks.
  • Companies should leverage detailed prior art analyses to develop robust design-around strategies.
  • Continuous monitoring of subsequent patent filings in the field will be essential for maintaining competitive advantage.

FAQs

1. What is the primary innovation claimed by the ’451 patent?
It pertains to a novel method or apparatus incorporating specific structural or procedural features that distinguish it from prior art in its field, likely improving efficacy, stability, or targeting capabilities.

2. How broad are the independent claims of the ’451 patent?
They are designed to encompass the core inventive concept with sufficient breadth to prevent easy design-arounds but must be balanced against potential challenges for overbreadth.

3. What challenges could the ’451 patent face regarding prior art?
Potential invalidation if prior art disclosures demonstrate that the claimed features were obvious or already known, especially if the claims are broad or lack specific distinguishing elements.

4. How does the patent landscape influence the value of the ’451 patent?
A densely populated patent landscape with overlapping claims can elevate litigation risks but also creates opportunities for licensing or cross-licensing agreements.

5. What strategic actions should stakeholders undertake concerning the ’451 patent?
Conduct detailed validity assessments, monitor technical and legal developments, and develop innovative design-arounds or licensing strategies accordingly.


References

  1. [Patent Document] US Patent 10,022,451. Grant date: March 7, 2018.
  2. [Prior Art] US Patent XXXXXX. Year. Title.
  3. [Prior Art] US Patent YYYYYY. Year. Title.
  4. [Legal Analysis] Patent Office Records and Examination Histories.
  5. [Market Trends] Industry Reports on [Relevant Technology].

End of Article

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Details for Patent 10,022,451

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Genentech, Inc. RITUXAN rituximab Injection 103705 November 26, 1997 10,022,451 2035-05-11
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 September 25, 1998 10,022,451 2035-05-11
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 February 10, 2017 10,022,451 2035-05-11
Genzyme Corporation CAMPATH alemtuzumab Injection 103948 May 07, 2001 10,022,451 2035-05-11
Genzyme Corporation LEMTRADA alemtuzumab Injection 103948 November 14, 2014 10,022,451 2035-05-11
Genzyme Corporation CAMPATH alemtuzumab Injection 103948 October 12, 2004 10,022,451 2035-05-11
Eli Lilly And Company ERBITUX cetuximab Injection 125084 February 12, 2004 10,022,451 2035-05-11
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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