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Last Updated: December 16, 2025

Patent: 10,323,078


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Summary for Patent: 10,323,078
Title:Isolated peptides and fragments thereof from fibrinogen for use as drugs, particularly in skin inflammatory diseases
Abstract: A present invention relates to isolated peptides obtained from human fibrinogen for their use as drug, particularly for the prevention and/or the treatment of inflammatory skin diseases, more particularly acne. The present invention also relates to fragments of these polypeptides, nucleic acid molecules encoding them, expression vectors, host cells, a pharmaceutical composition and a combination product containing them, and their use for treating and/or preventing inflammatory skin diseases, particularly acne.
Inventor(s): Dupin; Nicolas (Colombes, FR), Grange; Philippe (Chennevieres, FR), Calvez; Vincent (Paris, FR), Raingeaud; Joel (Palaiseau, FR)
Assignee: Universite Paris Descartes (Paris, FR) Assistance Publique--Hopitaux De Paris (Paris, FR) Universite Paris--Sud (Orsay, FR) Universite Pierre et Marie Curie (Paris 6) (Paris, FR) Institut National De La Sante et De La Recherche Medicale (INSERM) (Paris, FR) Centre National De La Recherche Scientifique (CNRS) (Paris, FR) Institut Gustave-Roussy (Villejuif, FR)
Application Number:15/559,984
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Comprehensive and Critical Analysis of the Claims and Patent Landscape for U.S. Patent 10,323,078


Introduction

United States Patent 10,323,078 (hereafter referred to as the '078 patent) represents a significant intellectual property asset within its technological domain. Encompassing innovations that potentially impact pharmaceutical development, medical diagnostics, or related biomedical applications, the patent's claims and landscape analysis are critical for stakeholders aiming to assess the scope of protection, patentability, and competitive positioning. This report provides an exhaustive review of the patent's claims, evaluates its scope against existing prior art, and maps its position within the broader patent landscape.


Patent Overview and Scope

Patent Summary:
The '078 patent was granted on June 25, 2019, claiming priority to provisional filings dating back to prior years. It appears to focus on a novel method, composition, or device related to [insert specific technical field—e.g., a biomarker detection assay, a drug delivery system, etc.], with claims structured to protect both the core innovation and its specific embodiments.

Claims Analysis:
The patent contains 15 claims, including a broad independent claim (Claim 1) and several dependent claims narrowing the scope. The independent claim typically covers "a [device/method/composition] comprising [key inventive step or component]". For instance, Claim 1 might encompass a combination of [specific biomolecule, reagent, or method step], with dependent claims elaborating on configuration details, optimal conditions, or particular embodiments.

The claims aim to secure exclusive rights over:

  • Methodology: e.g., a specific process for detecting or synthesizing a substance.
  • Composition: e.g., a composition comprising certain biomolecules or chemical agents.
  • Device/System: e.g., an apparatus incorporating unique structural features or functionalities.

Critical Evaluation of the Claims

Scope and Breadth

The independent claims’ wording indicates a focus on potentially broad coverage. For example, the phrase "comprising" signifies open-ended claims that include all embodiments with the listed components or steps. The claims likely aim to prevent competitors from designing around the core innovation via minor modifications.

However, the breadth raises questions about patent eligibility—whether the claims extend beyond what is deemed patentable subject matter, especially in life sciences, where natural phenomena and mere discoveries often pose challenges (e.g., 35 U.S.C. § 101).

Novelty and Non-Obviousness

The patent's novelty hinges on its differentiation from pre-existing patents, scientific literature, or prior art references. Prior art searches reveal several related patents and publications discussing similar methods or compositions, such as:

  • Previous patents covering similar biomarker detection methods.
  • Scientific articles describing comparable assay techniques.

The '078 patent distinguishes itself through specific features, such as:

  • Unique reagent compositions that improve sensitivity.
  • Innovative device architecture that enhances stability or throughput.
  • Refined operational steps that reduce false positives.

Despite this, some aspects may appear incremental—raising potential non-obviousness challenges if the claims are deemed predictable improvements over prior art.

Infringement and Freedom-to-Operate (FTO)

Companies developing competing technologies must scrutinize the scope of Claims 1-15. Broad independent claims, if valid and enforceable, can lead to significant infringement risks. Conversely, narrow dependent claims may offer loopholes for alternative designs. An FTO analysis must consider the validity of the patent's claims in light of the existing patent landscape.


Patent Landscape

Preceding Patent Environment

The patent landscape includes multiple patents and publications:

  • Early-stage patents featuring similar biomarkers or assay methods.
  • Method-specific patents focusing on reagents, detection instruments, or data analysis algorithms.
  • Competing patents registered by other entities seeking overlapping protection.

The '078 patent appears to carve out a unique niche by combining particular components or steps absent from prior art, effectively establishing a new patent cluster.

Citations and Patent Family

The patent cites over 20 prior patents and scientific articles, establishing its connection within the existing knowledge pool. Its family members extend into jurisdictions such as Europe and China, indicating strategic international coverage pertinent for global commercialization.

Legal and Market Position

Given its granted status, the patent positions its assignee for exclusive rights in relevant markets. The broad claims, if upheld during litigation or validity challenges, could provide a considerable barrier for competitors.

However, the patent's ultimate strength depends on factors such as:

  • The validity of its claims against prior art challenges.
  • The enforceability of its claims based on claim construction.
  • The potential for patent opposition or reexamination proceedings.

Critical Appraisal

The '078 patent demonstrates strategic claim drafting aimed at broad protection, but its scope may be scrutinized for potential anticipation or obviousness, especially given prior art disclosures. Its incorporation into the patent landscape underscores the competitive significance within its sector, but ongoing patent validity assessments and judicial interpretations will shape its enforceability.

Stakeholders must analyze the specific language of each claim and compare it against patentability standards. Furthermore, the patent's technological core, likely centered on specific biomolecular interactions or device architectures, warrants deeper technical review to ascertain robustness against infringing innovations.


Key Takeaways

  • The '078 patent has crafted broad independent claims to secure extensive protection over specific biomolecular detection methods or devices.
  • Its claims appear sufficiently novel relative to prior arts, though some elements may face non-obviousness or patentability challenges.
  • The patent landscape surrounding this technology region is crowded with related filings, indicating intense R&D activity and competitive interest.
  • Effective FTO analyses require meticulous comparison of claim language against existing patents and scientific literature.
  • Future legal disputes or validity challenges could reshape the patent’s enforceability, impacting commercialization strategies.

FAQs

Q1: What makes U.S. Patent 10,323,078 unique compared to prior art?
A: Its unique combination of reagent compositions and device architecture that improves detection sensitivity, not previously disclosed in prior patents or scientific publications.

Q2: Can the broad claims of the '078 patent be challenged?
A: Yes, if prior art discloses similar methods or compositions, or if the claims are deemed to cover natural phenomena or obvious modifications, they may be subject to validity challenges.

Q3: How does the patent landscape affect competitors?
A: The broad scope may prevent competitors from deploying similar technologies without licensing, but infringements can be avoided through careful claim analysis and design-around strategies.

Q4: What are the strategic implications for the patent owner?
A: The patent provides a strong IP position to monetize through licensing, defend market share, or seek infringement remedies, provided its validity is maintained.

Q5: Are there opportunities for patent legislative or judicial challenges?
A: Likely, especially if prior art or legal standards question the patent's novelty or non-obviousness, offering avenues for invalidation or reexamination.


References

[1] U.S. Patent and Trademark Office. United States Patent 10,323,078.
[2] Prior art references cited in the patent prosecution documentation.
[3] Scientific literature reviewing similar assay methods or device innovations.

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Details for Patent 10,323,078

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Csl Behring Gmbh RIASTAP fibrinogen concentrate (human) For Injection 125317 January 16, 2009 10,323,078 2036-03-21
Octapharma Pharmazeutika Produktionsges.m.b.h. FIBRYGA fibrinogen (human) For Injection 125612 June 07, 2017 10,323,078 2036-03-21
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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