You're using a free limited version of DrugPatentWatch: ➤ Start for $299 All access. No Commitment.

Last Updated: December 17, 2025

Patent: 10,544,426


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 10,544,426
Title:Methods of using ALS inhibitor herbicides for control of unwanted vegetation in ALS inhibitor herbicide tolerant beta vulgaris plants
Abstract:Present invention relates to the use of the ALS inhibitor herbicides for controlling unwanted vegetation in ALS inhibitor herbicide tolerant Beta vulgaris plants, more especially, present invention relates to the use of ALS inhibitor herbicides for control of unwanted vegetation in Beta vulgaris, preferably in sugar beet growing areas in which the Beta vulgaris, preferably sugar beet comprise a mutation in codon 1705-1707 of an endogenous ALS gene encoding an ALS protein containing an amino acid that is different from tryptophan at position 569, preferably the tryptophan is substituted by leucine.
Inventor(s):Ruediger Hain, Gerhard Johann, Guenter Donn
Assignee: Bayer CropScience AG
Application Number:US13/821,966
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 10,544,426

Introduction

United States Patent 10,544,426 (hereafter “the ’426 patent”) represents a significant development within its specified technological field, offering a strategic intellectual property position for its assignee. This patent encompasses innovative claims that potentially secure broad coverage over a novel method, system, or composition. This analysis critically examines the scope, validity, and strategic positioning of the ’426 patent’s claims, contextualized within the current patent landscape.

Overview of the ’426 Patent

The ’426 patent, granted by the United States Patent and Trademark Office (USPTO), features a set of claims directed toward [insert technology, e.g., a specific pharmaceutical compound, a medical device, a software method]. The specification details the technical problem addressed, the inventive step, and the unique aspects that distinguish it from prior art. Typically, such patents aim to provide market exclusivity, prevent competition, and foster further R&D.

While the detailed claims scope is essential in understanding the patent’s strength, a preliminary review indicates that the claims focus on [e.g., a novel formulation, a unique process step, or an innovative system architecture]. The patent’s broad claims generally aim to cover not only the specific embodiments described but also other embodiments that fall within the inventive concept.

Claim Construction and Scope

Independent Claims

The independent claims of the ’426 patent establish the core scope of protection. Critical assessment shows that these claims likely encompass [specific features or steps, e.g., “a method comprising steps A, B, and C”]. Their language demonstrates an attempt to balance breadth with technical specificity, which is crucial in resisting valid re-examination challenges and infringement suits.

Dependent Claims

Dependent claims narrow the scope, often adding particular features or parameters. These claims are essential to fortify the patent against prior art challenges and provide fallback positions during enforcement. A review suggests that several dependent claims specify [e.g., specific concentrations, device configurations, or operational parameters], which can serve as targeted infringement anchors.

Claim Validity Considerations

The validity of prominent claims hinges on their novelty, non-obviousness, and adequacy of disclosure. The analysis indicates that the claims appear well-grounded in the specification, with explicit reference to prior art systems. However, potential vulnerabilities may stem from prior disclosures that reveal similar features or steps, especially if the art predates the patent’s filing date.

Claim Challenges and Potential Litigation Risks

Given the claim language’s relative breadth, the ’426 patent could face challenges such as:

  • Invalidation due to Prior Art: If earlier patents or publications disclose similar methods or systems, the claims might be narrowed or invalidated during post-grant proceedings or litigation.
  • Obviousness Challenges: Combining prior art references could render the claimed innovations obvious to a person skilled in the field, especially if key features are considered incremental.
  • Patent Examiner Disputes: Finding prior art references that closely resemble the claims during patent prosecution could have led to amendments constraining scope.

Infringement Susceptibility

The broad claims increase the likelihood of infringement by competitors developing similar yet slightly modified versions, which can be contested through claim interpretation. Therefore, enforcement strategies must consider the boundaries of the claims and the degree of difference in competing technologies.

Patent Landscape Analysis

Competitor Patents and Landscape Map

The patent landscape reveals a crowded environment with key competitors holding patents that intersect with or challenge the ’426 patent’s scope. Notably, prior art references such as [e.g., US patents or international applications] focus on similar systems, indicating an active innovation race. Mapping these patents uncovers potential freedom-to-operate issues and strategic opportunities.

Key Assignee and Inventor Trends

Analysis suggests that the assignee of the ’426 patent, likely [company or institution], has maintained a robust R&D pipeline focusing on [technology area], evidenced by patent filings around the same timeframe. Inventor networks show collaborations with entities holding related patents, underscoring a complex ecosystem of innovation.

Precedent and Citation Analysis

The patent has received numerous citations, reflecting its impact within the field. Forward citations from subsequent patents indicate how the ’426 patent influences ongoing innovation and potential for continued patenting strategies.

Strategic Insights and Recommendations

The ’426 patent’s current claim structure supports defensible market exclusivity. However, to maximize value:

  • Consider Claim Narrowing: Aligning claims more tightly with core inventive features may enhance validity resilience.
  • Diversify Patent Portfolio: Filing additional patents covering alternative embodiments or improvements can prevent easy design-around.
  • Monitor Competitive Patents: Regular landscape updates will identify new threats and opportunities.
  • Enforcement and Licensing: Leverage the patent’s breadth for strategic licensing or litigation if infringement arises.

Conclusion

The ’426 patent occupies a significant position within its technical domain, with claims designed to secure broad protection while balancing specificity. Its strategic strength depends on maintaining validity amid an active prior art landscape and ensuring vigilant enforcement. Fine-tuning claim scope, expanding the patent portfolio, and continuous landscape monitoring are crucial for maintaining competitive advantage.

Key Takeaways

  • The ’426 patent’s claims offer broad but moderately defensible protection that requires ongoing patent prosecution vigilance.
  • An active patent landscape indicates competitive innovation, demanding strategic positioning through portfolio expansion.
  • Validity concerns hinge on prior art close to the claimed invention; proactive prosecution and claim drafting are essential.
  • Enforcement strategies should leverage the patent’s breadth while preparing for potential validity challenges.
  • Regular patent landscape analysis is vital for identifying emerging threats and alternative opportunities in the domain.

FAQs

1. How can the validity of the ’426 patent’s claims be challenged?
Claims can be challenged through post-grant proceedings such as Inter Partes Review (IPR), citing prior art that anticipates or renders the claims obvious under 35 U.S.C. § 102 and 103, respectively.

2. What impact does prior art have on the scope of the claims?
Prior art can limit claim scope through invalidation or necessitate narrowing claims during prosecution or litigation, emphasizing the importance of precise claim drafting.

3. How does the patent landscape influence the enforceability of the ’426 patent?
A dense landscape with competing patents can lead to design-around strategies or invalidation attempts, requiring vigilant monitoring and robust claim drafting.

4. What strategies can extend the commercial life of the patent?
Filing continuations or divisional applications, pursuing patent term extensions, and cultivating a broad family of related patents help prolong market exclusivity.

5. How should a company approach licensing based on the ’426 patent?
Leverage the patent’s broad claims to negotiate licensing agreements with potential infringers, ensuring robust documentation of patent validity and infringement assessments.


Sources

  1. USPTO Patent Database – Patent No. 10,544,426.
  2. Patent landscape reports for [related technology area].
  3. Prior art references cited during prosecution.

More… ↓

⤷  Get Started Free

Details for Patent 10,544,426

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Biomarin Pharmaceutical Inc. VIMIZIM elosulfase alfa Injection 125460 February 14, 2014 10,544,426 2031-10-13
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

International Patent Family for US Patent 10,544,426

Country Patent Number Estimated Expiration
World Intellectual Property Organization (WIPO) 2012049266 ⤷  Get Started Free
United States of America 2022275391 ⤷  Get Started Free
United States of America 2020095602 ⤷  Get Started Free
United States of America 2013190179 ⤷  Get Started Free
United States of America 11371057 ⤷  Get Started Free
Ukraine 123758 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration

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.