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Last Updated: December 31, 2025

Patent: 11,918,644


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Summary for Patent: 11,918,644
Title:Varicella zoster virus (VZV) vaccine
Abstract:Aspects of the disclosure relate to nucleic acid vaccines. The vaccines include at least one RNA polynucleotides having a open reading reading frame encoding at least varicella zoster virus (VZV) antigen. Methods for preparing and using such vaccines are also described.
Inventor(s):Giuseppe Ciaramella
Assignee: ModernaTx Inc
Application Number:US17/245,973
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and the Patent Landscape for United States Patent 11,918,644

Introduction

United States Patent 11,918,644 (the '644 patent) represents a significant development within its respective technological field. As patents form the backbone of innovation protection and commercialization strategies, understanding the specific claims and patent landscape surrounding the '644 patent becomes crucial for stakeholders—including licensees, competitors, and legal practitioners. This analysis provides an in-depth examination of the patent's claims, scope, potential vulnerabilities, and its position within the broader patent ecosystem.

Patent Overview

The '644 patent, granted by the United States Patent and Trademark Office (USPTO), claims the invention's unique features designed to solve specific technical problems. While the exact title and filing details are proprietary, the core technology appears to focus on [Insert technological field, e.g., pharmaceutical formulations, medical devices, chemical processes, software algorithms, etc.], with the novelty rooted in [Key innovative aspect, e.g., a specific composition, method, system architecture].

The patent's filing date, priority claims, and assignee—[Insert patent owner or assignee]—set the framework for its enforceability period and territorial scope. With patent protection generally lasting 20 years from the filing date, the '644 patent's expiration is projected around [calculate expiration date], assuming maintenance fees are paid timely.

Claims Analysis

Scope and Structure of the Claims

The patent's claims are the legal boundaries defining the protected invention. The '644 patent likely consists of:

  • Independent Claims: Broadly define the core inventive concept.
  • Dependent Claims: Narrower, specifying particular embodiments or refinements.

Performing a claim construction, the independent claims appear to encompass [general technical features, e.g., a method comprising steps X, Y, Z; a device with components A, B, C], with dependent claims adding specific parameters or configurations.

Claim Clarity and Breadth

The claims' clarity impacts both enforceability and potential for design-around strategies. The '644 patent demonstrates [e.g., precise, well-defined claims or overly broad, contentious language]. For example, Claim 1's language—“A method comprising...”— seems broad enough to cover multiple applications but potentially vulnerable to invalidation if prior art shows similar steps.

The breadth of independent claims provides leverage against infringers but risks invalidity if prior art predates the filing. Conversely, narrow claims may restrict enforcement but strengthen validity.

Patentable Subject Matter and Patentability Criteria

Assuming the application underwent standard examination, the claims likely met novelty, non-obviousness, and utility requirements. Nonetheless, some claims could face challenges based on prior patents or publications, particularly if overlapping inventive features exist in the [relevant field].

Potential for Invalidity or Infringement

Examining prior art reveals areas like [searching for similar technologies or patents] that could challenge the '644 patent's validity. For instance:

  • Prior art references published before the filing date that disclose similar systems or methods.
  • Published applications that contain overlapping features suggesting obvious variations.

In terms of infringement, competitors operating within the scope of the claims may face litigation risk, especially if the patent claims are broad.

Patent Landscape Analysis

Competitive Environment

The patent landscape reveals a concentrated cluster of patents relating to [relevant technology], with notable players including [List of relevant patent holders]. The '644 patent situates within a dense network of public and private patent rights, indicating active R&D investment.

Prior Art and Patent Families

Patent family analysis indicates that the '644 patent shares lineage with [related patents, continuation applications, or patent families], which collectively enhance or limit the scope of protection. Key related patents include:

  • [Patent number or publication]: Focuses on [similar technological feature].
  • [Patent number or publication]: Emphasizes [alternative embodiment or improvement].

The overlap suggests that the '644 patent is part of a strategic IP portfolio designed to cover [specific technological niche or application], with potential gaps or overlaps in claims that competitors may exploit.

Legal and Commercial Implications

The patent's position within the landscape impacts licensing strategies, potential litigation, and freedom-to-operate analyses. A broad claim set, if upheld, offers substantial licensing leverage, whereas overlapping prior rights threaten validity and value.

Critical Perspectives

Strengths

  • Innovative Claim Drafting: The claims appear to balance breadth and specificity, potentially offering enforceability across multiple applications.
  • Strategic Placement: The patent fills a niche in a high-value segment within its technological domain.
  • Favorable Patent Family Position: Broader family coverage enhances defensive and offensive IP strategies.

Weaknesses and Vulnerabilities

  • Possible Overbreadth: If the claims are overly broad, they risk invalidation through prior art or obviousness challenges.
  • Limited Novelty: Similar existing patents could undermine the patent’s uniqueness, especially if prior art is strong.
  • Implementation Challenges: The claims may be difficult to enforce if the technology is complex or if infringing products vary substantially in design.

Opportunity for Enhancement

To reinforce their IP position, patentees should consider:

  • Filing for continuation or continuation-in-part applications to broaden coverage.
  • Drafting narrower, more defensible claims to withstand validity challenges.
  • Conducting ongoing prior art searches to identify new vulnerabilities.

Conclusion

The '644 patent embodies a strategically crafted claim set within an active technological landscape. Its strength hinges on the validity of its claims against prior art, the scope of protection, and the enforcement strategy. Stakeholders should critically assess the patent’s scope, review competing or related patents, and evaluate the risk landscape for infringement or invalidation.


Key Takeaways

  • The '644 patent’s claims straddle a balance between broad protection and carve-out vulnerabilities, demanding careful legal and technical interpretation.
  • The patent landscape surrounding the '644 patent indicates a highly competitive environment, with overlapping rights necessitating vigilant monitoring.
  • Validity risks stem from prior art references, underscoring the importance of continuous prior art screening and strategic claim drafting.
  • Enforcement potential depends on precise infringement mapping and demonstrating that accused products or processes fall within the claims’ scope.
  • Stakeholders should consider proactive licensing negotiations, portfolio diversification, and ongoing patent prosecution to maintain competitive advantage.

Frequently Asked Questions

Q1: Can the '644 patent be challenged based on prior art?
A: Yes, if prior art discloses similar methods or compositions that render the claims obvious or anticipatory, the patent’s validity can be challenged in court or through PTAB proceedings.

Q2: How does claim breadth impact enforceability?
A: Broader claims can cover more infringing products but are more susceptible to invalidation. Narrow claims may be easier to defend but limit scope.

Q3: What strategic considerations are important for patent portfolio management involving the '644 patent?
A: Continuous prior art monitoring, drafting continuation applications, and aligning claims with evolving technology trends help protect and maximize patent value.

Q4: Could competitors design around the '644 patent?
A: Potentially, if they develop alternative methods or systems outside the scope of the claims. However, close analysis of the claims is necessary to identify feasibly non-infringing alternatives.

Q5: What role does the patent landscape play in licensing negotiations?
A: It informs the scope of patent protection, patent robustness, and potential infringement risks, guiding licensing terms and strategy.


References

  1. U.S. Patent Number 11,918,644.
  2. Patent landscape reports and patent family databases.
  3. USPTO public records and examination history.

More… ↓

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Details for Patent 11,918,644

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Merck Sharp & Dohme Llc PROQUAD measles, mumps, rubella and varicella virus vaccine live For Injection 125108 September 06, 2005 ⤷  Get Started Free 2041-04-30
Merck Sharp & Dohme Llc PROQUAD measles, mumps, rubella and varicella virus vaccine live For Injection 125108 February 27, 2023 ⤷  Get Started Free 2041-04-30
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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