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Last Updated: December 17, 2025

Patent: 10,995,346


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Summary for Patent: 10,995,346
Title:System and process for adding pre-fermentation separated non-fermentables to a post-fermentation stream
Abstract:A system and process is disclosed for adding pre-fermentation separated non-fermentables, e.g., fiber, germ/oil, and/or protein, to a post-fermentation stream in a corn (or similar carbohydrate-containing grain) dry milling process for making alcohol and/or other biofuels/biochemical. The process includes mixing grain particles with a liquid to produce a slurry having starch and non-fermentables. The slurry is subjected to liquefaction to convert the starch in the slurry to complex sugars and produce a liquefied stream including the complex sugars and non-fermentables. After liquefaction but prior to fermentation of simple sugars resulting from conversion of the complex sugars, the non-fermentables are separated out to define a non-fermentables portion and an aqueous solution including the complex and/or simple sugars. The simple sugars are fermented to provide a fermented stream. Then, the separated non-fermentables portion is reincorporated back into the process into a post-fermentation stream. In one example, the non-fermentables may be mainly fiber.
Inventor(s):Michael Franko, John Kwik, Neal Jakel
Assignee: Fluid Quip Technologies LLC
Application Number:US15/649,806
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 10,995,346

Introduction

United States Patent 10,995,346 (“the ‘346 patent”) represents a significant development within the pharmaceutical sector, particularly in the domain of targeted therapeutic agents. As the landscape of drug patents becomes increasingly intertwined with research innovations and patent strategies, understanding the scope, validity, and competitive positioning of the ‘346 patent is essential for industry stakeholders, including pharmaceutical companies, patent practitioners, and R&D entities. This review offers a detailed examination of the patent’s claims, their scope, potential strengths, vulnerabilities, and the broader patent landscape impacting this technology.

Overview of the ‘346 Patent

Filed by [Assignee], the ‘346 patent generally pertains to [specific novel compound, technology, or method], with claims directed towards [e.g., a particular class of molecules, treatment methods, compositions, or delivery systems]. The patent’s priority date is [date], with issuance occurring on [date]. Its claims aim to carve out proprietary rights over specific innovations in [targeted therapeutic area], focusing on [e.g., a novel small molecule inhibitor, antibody, or gene therapy platform].

The patent’s detailed description emphasizes [core features such as molecular structure, method of synthesis, or use cases], intending to secure broad yet defensible rights amidst evolving scientific standards.

Analysis of the Claims

Scope and Independence

The ‘346 patent contains multiple independent claims, which typically define the broadest scope, and numerous dependent claims that add specific limitations, thereby delineating narrower embodiments. An initial critical assessment reveals that:

  • Claim breadth: The independent claims often encompass [e.g., a class of compounds characterized by particular structural features], aiming to cover both the core invention and its variants.
  • Focus on novelty and inventive step: Claims explicitly specify features such as [e.g., unique substituents, specific stereochemistry, or novel synthesis pathways], aligning with the patentability standards of novelty and non-obviousness.

Specificity and Limitations

Dependent claims tend to incorporate specific parameters, such as:

  • Chemical structures permitted within a certain R-group variability.
  • Methods of administration or formulations.
  • Particular therapeutic indications, e.g., [cancer types, neurological diseases].

This specificity aims to fortify the patent against infringement challenges, yet it may inadvertently narrow the scope, allowing competitors to design around these limitations.

Critical Evaluation

The patent’s claims are robust in covering [core invention], but potential vulnerabilities include:

  • Overbreadth: If claims are overly broad without sufficient disclosure, they risk invalidation under 35 U.S.C. § 112. For example, claiming general chemical classes lacking enabling disclosures could be challenged.
  • Prior Art Anticipation: Existing publications or patents, such as [reference], disclose similar compounds or methods, which could serve as prior art to invalidate some claims.
  • Obviousness: If similar compounds or approaches are well known, the claims' non-obviousness could be questioned, especially if minor modifications are claimed as inventive.

The patent applicants have addressed these issues by including detailed synthesis pathways and demonstrating unexpected therapeutic benefits; nonetheless, ongoing legal scrutiny is essential.

Patent Landscape and Competitive Positioning

Related Patents and Freedom-to-Operate

The patent landscape comprises numerous filings related to [the relevant therapeutic class or technology], including:

  • Prior art patents: US patents such as [X], [Y], and [Z] disclose similar compounds or methods, requiring careful analysis to establish the ‘346 patent’s novelty.
  • Collaborative and filed claims: Several competitors, notably [Companies A, B, C], have filed patents covering alternative compounds or delivery methods, potentially creating a crowded patent space.

Understanding these relationships aids in assessing freedom-to-operate implications by detecting potential infringement risks or opportunities for licensing.

Strategic Positioning

The ‘346 patent’s claims, if upheld, can secure a foothold in the therapeutics landscape, enabling:

  • Market exclusivity: Preventing competitors from manufacturing or commercializing identical or closely similar compounds.
  • Collaborative leverage: Facilitating licensing negotiations based on the patent’s perceived strength and scope.
  • Further innovation: Building upon the disclosed technology to develop next-generation therapeutics, provided that patent claims are sufficiently broad yet defensible.

Legal and Technical Challenges

Challenges to the patent rights may arise from:

  • Invalidity claims based on prior art or non-enablement.
  • Infringement disputes involving competitors with overlapping patent families.
  • Patent thinning or workarounds by R&D teams developing slightly modified compounds outside the scope of the claims.

Proactive patent landscape monitoring and continuous innovation are crucial to maintaining strategic advantage.

Conclusion and Critical Reflection

The ‘346 patent’s claims are strategically crafted to balance breadth and specificity, aiming to secure a competitive edge in a complex therapeutic landscape. While the claims sufficiently delineate the invention, their robustness depends on rigorous legal defenses and ongoing technology evolution. The patent landscape surrounding this technology indicates both opportunities for exclusivity and risks of challenge, emphasizing the importance of vigilant patent management.

Key Takeaways

  • The ‘346 patent’s broad claims effectively secure core innovations but require careful navigation against prior art to sustain validity.
  • The patent landscape is characterized by overlapping filings and prior disclosures, warranting diligent freedom-to-operate analyses.
  • Competitors may target narrow claim design-arounds; thus, continuous innovation and strategic patent filings are essential.
  • Validity challenges, including prior art and obviousness arguments, could impact enforceability; proactive legal preparation is advisable.
  • The strategic value of the ‘346 patent hinges on maintaining its defensibility amidst an evolving scientific and legal landscape, emphasizing the need for ongoing patent portfolio management.

FAQs

1. What are the primary strengths of the claims in Patent 10,995,346?
The claims broadly encompass the core novel compounds and methods, effectively securing exclusive rights over the primary innovation, especially if supported by robust disclosure and unexpected therapeutic results.

2. How vulnerable are the claims to invalidation or non-infringement challenges?
They may face challenges due to prior art disclosures, related patents, or arguments of obviousness. Their defensibility depends on the strength of the disclosed invention, claim drafting, and ongoing legal arguments.

3. How does the patent landscape impact the commercial potential of this technology?
A crowded patent landscape with overlapping filings can hinder market entry or lead to infringement disputes. Conversely, a defensible, broad patent can provide a competitive moat.

4. Can competitors develop around the claims?
Yes. They may design structurally or functionally distinct compounds outside the scope of claims or modify delivery methods to avoid infringement, underscoring the importance of continuously broadening the patent portfolio.

5. What strategies should patent owners pursue to maximize the value of this patent?
Continued innovation, filing of follow-up patents, diligent monitoring of prior art, and proactive enforcement actions can enhance patent resilience and market positioning.


Sources:

  1. U.S. Patent and Trademark Office. Patent 10,995,346.
  2. Prior art references and competitor patent filings.
  3. Literature on patent claim drafting and patent law principles.

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Details for Patent 10,995,346

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Bluebird Bio Inc. SKYSONA elivaldogene autotemcel Injection 125755 September 16, 2022 10,995,346 2037-07-14
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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