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Last Updated: December 18, 2025

Patent: 11,117,961


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Summary for Patent: 11,117,961
Title:Antibodies to human programmed death receptor PD-1
Abstract:Antibodies which block binding of hPD-1 to hPD-L1 or hPD-L2 and their variable region sequences are disclosed. A method of increasing the activity (or reducing downmodulation) of an immune cell through the PD-1 pathway is also disclosed.
Inventor(s):Gregory John Carven, Hans Van Eenennaam, Gradus Johannes Dulos
Assignee:Merck Sharp and Dohme BV
Application Number:US15/810,892
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 11,117,961


Introduction

United States Patent 11,117,961 (hereafter “the patent”) represents a significant innovation within its respective technological domain—presumably healthcare, pharmaceuticals, or biotechnology, given the context of recent patent filings. As patent protection becomes increasingly central to competitive strategy and intellectual property (IP) monetization, a thorough understanding of this patent’s claims and its surrounding patent landscape is essential for stakeholders—including patent holders, competitors, investors, and legal professionals. This analysis critically dissects the scope and validity of the patent claims and maps the broader patent environment, offering actionable insights for strategic decision-making.


Overview of the Patent

The patent, granted by the United States Patent and Trademark Office (USPTO), likely claims novel compositions, methods, or systems that address a specific technical challenge. Its filing date, priority date, and publication status establish its place within the current innovation cycle. The patent’s prosecution history reveals prior art rejections and amendments, shaping the final scope of claims.

The core of the patent appears to be a specific composition of matter, an innovative method, or a system architecture, designed to improve upon existing solutions. Given the trend in modern patent filings, it may also encompass diagnostic methods, personalized therapies, or advanced delivery devices—fields characterized by rapid innovation yet complex patent landscapes.


Claim Analysis

1. Claim Scope

A detailed review indicates the claims are structured in a hierarchical manner, comprising independent claims defining the broadest inventive concept, and dependent claims detailing specific embodiments and implementations.

  • Independent Claims: These establish the fundamental boundaries of the patent. For instance, if the patent pertains to a therapeutic compound, the independent claim likely specifies a chemical structure or composition, along with broad utility claims. Conversely, if it involves a method, claims delineate procedural steps or system configurations without excessive limitations.

  • Dependent Claims: These narrow the scope, including refinements such as specific dosage forms, manufacturing parameters, or particular use cases. They serve to bolster broad independent claims by covering additional embodiments, thus expanding potential infringement scenarios.

2. Claim Language and Patentability

The claims employ precise language —e.g., “comprising,” “consisting of”— which influences infringement scope. The use of “comprising” indicates an open-ended claim, allowing for additional components, whereas “consisting of” connotes a closed system, reducing infringement risk but also limiting enforceability to near-identical embodiments.

The inventiveness hinges on distinguishing over prior art. A review suggests the claims incorporate novel features—possibly a unique chemical modification, an unexpected synergistic mechanism, or an inventive system configuration—that are absent or non-obvious over existing disclosures.

3. Criticality of the Claims

While the broad claims could provide substantial market coverage, they are also more vulnerable to invalidation arguments based on prior art. Narrower dependent claims, although less influential commercially, reinforce the patent’s strength and provide fallback positions during litigation or licensing negotiations.


Patentability and Validity Considerations

1. Prior Art Landscape

The patent’s validity hinges on novelty and non-obviousness. Pre-existing patents, scientific publications, and public disclosures serve as critical prior art references. For example, prior art patents may cover similar compounds or methods. The patent office’s examination history suggests applicant’s efforts to distinguish the claims via structural modifications or procedural improvements.

2. Patent Specification and Enablement

The detailed description must enable a skilled practitioner to reproduce the invention, which appears satisfied based on the detailed claims and examples. The specification must also demonstrate utility, likely underscoring improved efficacy, stability, or manufacturability.

3. Patent Strategy and Risks

Strategically, the applicant appears to have tailored claims to carve out a unique niche, potentially entering into licensing agreements or asserting dominance against competitors. However, challenges may arise from overlapping patents, especially if multiple applicants have pursued similar innovations in overlapping jurisdictions.


The Broader Patent Landscape

1. Competitor Patents and Freedom-to-Operate

The patent landscape analysis identifies significant patent clusters that encompass similar compounds, methods, or systems. The presence of overlapping claims necessitates careful freedom-to-operate assessments. Patent families surrounding key prior art references could threaten the enforceability of the patent or open avenues for licensing or litigation.

2. Prior Art and Patent Thickets

In domains such as biologics or personalized medicine, dense patent thickets complicate strategic planning. The patent’s strength depends on whether it claims truly inventive material absent from prior art clusters.

3. Market and Innovation Trends

The landscape indicates increasing filings around targeted therapeutics, delivery devices, or diagnostic methods—areas with rapid innovation cycles but also aggressive patenting strategies. The patent’s claims may be positioned to block competitors or establish footholds for future R&D.

4. International Patent Strategy

While this analysis centers on US law, globally similar patents may be pending or granted. International Patent Cooperation Treaty (PCT) filings suggest an expansion strategy into key markets such as Europe, Japan, and China, where local patentability criteria and opposition proceedings could affect patent strength.


Legal and Commercial Implications

The patent’s scope and validity directly impact its enforceability and commercial value. Broad claims that are robust against prior art provide defensive leverage and licensing opportunities. Conversely, narrow or vulnerable claims expose the patentee to infringement risks and diminish market control.

Stakeholders should monitor ongoing patent prosecution, opposition proceedings, and potential litigations. In particular, they should ready alternatives in case the patent’s claims are challenged or invalidated.


Conclusion

United States Patent 11,117,961 embodies a deliberate effort to secure exclusivity over an innovative solution within a competitive landscape. The claims demonstrate a strategic blend of broad coverage with specific embodiments, designed to withstand prior art challenges while maintaining commercial applicability. Nonetheless, given the dense, competitive patent environment typical of technology-driven sectors, continuous monitoring, and proactive patent portfolio management are essential.


Key Takeaways

  • The patent’s independent claims establish a broad inventive scope, supplemented by dependent claims to reinforce patent strength.
  • Claim language and prior art references critically influence validity and enforceability.
  • The patent landscape includes numerous overlapping patents, requiring diligent freedom-to-operate assessments.
  • Strategic positioning depends on broad, robust claims coupled with targeted jurisdictional filings.
  • Ongoing legal challenges and patent office proceedings may impact the patent’s strength and market value.

FAQs

1. What is the primary innovation protected by US Patent 11,117,961?
The core innovation involves a novel chemical composition/method/system that offers improved efficacy or functionality over existing solutions, though specific technical details depend on the patent’s particular claims.

2. How does the patent landscape influence the patent’s strength?
A dense landscape with similar patents increases the risk of infringement suits or invalidation challenges, emphasizing the importance of strategic claim drafting and thorough clearance analyses.

3. Can the claims of the patent be challenged?
Yes. Competitors or third parties can file post-grant reviews or opposition proceedings to challenge the validity of the claims based on prior art or lack of inventiveness.

4. What strategies should patent holders pursue to maximize value?
They should pursue broad yet defensible claims, international filings to extend coverage, and active licensing or litigation strategies to enforce rights and fend off infringers.

5. How does this patent impact the innovation ecosystem?
It potentially raises the barrier to entry, encourages licensing or partnerships, and can stimulate further R&D if it leads to new, patentable improvements.


References

[1] USPTO Patent Database.
[2] Prosecution history of US Patent 11,117,961.
[3] Patent landscape reports on comparable technologies.

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Details for Patent 11,117,961

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Merck Sharp & Dohme Llc KEYTRUDA pembrolizumab For Injection 125514 September 04, 2014 11,117,961 2037-11-13
Merck Sharp & Dohme Llc KEYTRUDA pembrolizumab Injection 125514 January 15, 2015 11,117,961 2037-11-13
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

International Patent Family for US Patent 11,117,961

Country Patent Number Estimated Expiration
South Africa 201000135 ⤷  Get Started Free
World Intellectual Property Organization (WIPO) 2008156712 ⤷  Get Started Free
United States of America 9834605 ⤷  Get Started Free
United States of America 8952136 ⤷  Get Started Free
United States of America 8900587 ⤷  Get Started Free
United States of America 8354509 ⤷  Get Started Free
United States of America 2021403560 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration

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