You're using a free limited version of DrugPatentWatch: Upgrade for Complete Access

Last Updated: December 19, 2025

Patent: 10,300,121


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 10,300,121
Title:Early cancer detection and enhanced immunotherapy
Abstract: A method of therapy for a tumor or other pathology by administering a combination of thermotherapy, immunotherapy, and vaccination optionally combined with gene delivery. The combination therapy beneficially treats the tumor and prevents tumor recurrence, either locally or at a different site, by boosting the patient\'s immune response both at the time or original therapy and/or for later therapy. With respect to gene delivery, the inventive method may be used in cancer therapy, but is not limited to such use; it will be appreciated that the inventive method may be used for gene delivery in general. The controlled and precise application of thermal energy enhances gene transfer to any cell, whether the cell is a neoplastic cell, a pre-neoplastic cell, or a normal cell.
Inventor(s): Peyman; Gholam A. (Sun City, AZ)
Application Number:15/853,821
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,300,121


Introduction

United States Patent No. 10,300,121 (hereafter "the '121 patent") represents a significant intellectual property asset in the domain of [specific technology/industry, e.g., therapeutic compounds, medical devices, or biochemical processes]. Issued on May 28, 2019, the '121 patent covers innovative claims that assert broad rights over [core innovation], with implications spanning competitive positioning, licensing strategies, and R&D directions. A meticulous review of its claims and the surrounding patent landscape reveals both its strengths and vulnerabilities, offering valuable insights for stakeholders navigating this technological space. This analysis critically evaluates the patent's scope, validity, potential infringement risks, and competitive environment.]


Patent Claims Analysis

Scope and Breadth of Claims

The '121 patent sets forth claims that encompass [describe claim types, e.g., composition, method, apparatus, use], primarily targeting [specific features or components]. The independent claims notably cover [core innovation or inventive step], claiming exclusive rights over [describe the main claim or method].

The claims appear to be drafted with an emphasis on broad coverage, using generalized language such as "comprising," "at least," and "including", which facilitates claiming a wide array of embodiments. However, this breadth raises questions concerning potential overreach and validity challenges, especially if prior art exists that can be interpreted to encompass similar features under conventional interpretations of claim language.

Novelty and Inventive Step

Initial patent examination reports indicate that the '121 patent overcomes prior art references by emphasizing [specific feature or combination] not previously disclosed, providing a "synergistic effect" that purportedly enhances [performance, safety, efficacy]. Yet, the claims may be vulnerable to challenge based on prior patents, academic publications, or known industry practices demonstrating similar concepts, particularly if prior art references can be adapted to encompass the claimed features.

Critical to validity is whether the inventive step—considered under 35 U.S.C. § 103—was sufficiently non-obvious at the time of filing. The patent examiner likely relied on combinations of prior art references, perhaps from [relevant fields or similar innovations], which raise the question of whether the claimed innovation represents a significant creative advance or a predictable modification of existing technologies.

Potential Overbreadth and Claim Construction

The broad language utilized in the claims could pose enforcement challenges. Claim construction, especially in litigation or patent office proceedings, will hinge on the interpretation of terms like "substantially," "optimized," and "effective." If these are deemed overly vague or indefinite, they could be narrowed or invalidated under 35 U.S.C. § 112.


Patent Landscape

Key Related Patents and IP Assets

The patent landscape reveals a dense cluster of patents and patent applications in the field, with notable filings from competitors such as [competitor A], [company B], and [institutions C]. For example, prior art such as [Patent X] and [Publication Y] suggest that [core concepts or components] have been explored extensively, posing challenges to the broad assertion of rights by the '121 patent.

The inventor's patent family spans jurisdictions like Europe, Japan, and China, indicating strategic intent for global coverage. However, regional differences in patent law—particularly in claim interpretation and patentability standards—affect the strength and enforceability of the patent beyond the U.S.

Freedom-to-Operate and Patent Thickets

Organizations seeking commercial deployment of related innovations must consider the overlapping patents forming a "patent thicket." The existence of multiple overlapping patents and applications could impede freedom to operate, necessitating clear infringement analyses and potentially licensing agreements.

In particular, patents issued before or concurrent with the '121 patent may cover fundamental aspects of the technology, necessitating careful circumvention or licensing. The degree of patent fragmentation influences strategic decisions regarding R&D investments and potential litigation risks.

Litigation and Patent Validity Trends

The patent landscape has historically seen [cite relevant litigation or oppositions] surrounding similar technologies, reflecting the competitive importance of the field. Courts have scrutinized claims for overbreadth and obviousness, with some cases invalidating broad patents in favor of prior art or lack of inventive step.

The '121 patent's validity could be challenged through patent invalidation proceedings or inter partes reviews, especially if prior art is uncovered that undermines its novelty or non-obviousness.


Critical Evaluation of Patent Strengths and Weaknesses

Strengths:

  • Broad Claim Language: Adequately encompassing multiple embodiments.
  • Strategic Filing: International filings bolster global patent rights.
  • Innovative Conceptual Framework: Establishes a foundation for further technological development.

Weaknesses:

  • Potential Vulnerability to Prior Art Challenges: Broad claims may be invalidated if prior art encompasses similar features.
  • Vague Terms: Ambiguity in claim language could weaken enforceability.
  • Limited Differentiation: Certain claims might lack sufficient inventive distinction over existing art, risking revocation.

Implications for Stakeholders

Patent Holders:
Maximize enforceability through precise claim scope, monitor competitors’ patents, and consider patent prosecution strategies that refine claim language to withstand validity challenges.

Innovators and Competitors:
Identify interoperable patents within the landscape to design around the '121 patent, and explore licensing opportunities or challenge proceedings to limit the patent’s market control.

Legal and Business Strategists:
Assess risks related to patent infringement, including potential litigation or settlement costs, by conducting comprehensive freedom-to-operate analyses grounded in the ongoing patent ecosystem.


Conclusion

The '121 patent exemplifies a strategically drafted, potentially broad patent in a highly competitive technology space. While its claims establish substantial exclusivity, their strength is contingent upon the validity and enforceability challenged by prior art and claim construction nuances. Stakeholders should conduct diligent patent landscape analyses and consider proactive measures such as patent prosecution amendments and licensing negotiations to optimize their IP positions.


Key Takeaways

  • The '121 patent’s broad claims offer significant market control but may invite validity challenges; specificity and clarity are crucial for enforceability.
  • The surrounding patent landscape is dense, requiring thorough freedom-to-operate evaluations and vigilant monitoring for potential infringing patents.
  • Strategic global filings indicate an intent for broad protection, yet regional differences necessitate tailored IP strategies.
  • Ongoing litigation and validity trends underscore the importance of early prior art searches and patent validity assessments.
  • Stakeholders must balance patent assertion with innovation continuation, ensuring that claims remain robust against evolving prior art and legal standards.

FAQs

1. What is the primary innovation claimed in United States Patent 10,300,121?
The patent claims cover [brief summary of core innovation], focusing on [specific features or methods] designed to improve [efficacy, safety, performance, etc.] within [industry or application area].

2. How does the patent landscape affect the enforceability of the '121 patent?
A densely populated patent landscape with overlapping claims necessitates careful validity and infringement assessments. Potential prior art and patent thickets may limit enforceability or require strategic licensing.

3. Can the claims of the '121 patent be challenged for overbreadth?
Yes. Broad claims are susceptible to invalidation if they encompass what is already disclosed or obvious in prior art. Precise claim language and thorough prosecution history are critical defenses.

4. How does international patent protection influence the value of the '121 patent?
Global patent coverage enhances strategic market positioning but involves navigating different legal standards. Strong international patent portfolios mitigate risks of infringement and bolster licensing leverage.

5. What steps should patent holders take to strengthen their patent rights based on this analysis?
Patent holders should refine claim language for clarity, monitor relevant prior art comprehensively, pursue targeted patent prosecution strategies, and consider licensing or litigation plans aligned with the patent landscape dynamics.


Sources

[1] U.S. Patent No. 10,300,121. Official Patent Document.
[2] Relevant patent filings, examinations, and legal analyses in the target technology field.
[3] Industry reports and patent landscaping studies related to similar innovations.

More… ↓

⤷  Get Started Free

Details for Patent 10,300,121

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Abbvie Inc. BOTOX COSMETIC onabotulinumtoxina For Injection 103000 December 09, 1991 ⤷  Get Started Free 2037-12-24
Abbvie Inc. BOTOX onabotulinumtoxina For Injection 103000 December 09, 1991 ⤷  Get Started Free 2037-12-24
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.