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Last Updated: April 2, 2026

Patent: 4,764,369


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Summary for Patent: 4,764,369
Title:Undenatured virus-free biologically active protein derivatives
Abstract:A mammalian blood protein-containing composition such as whole blood, plasma, serum, plasma concentrate, cryoprecipitate, cryosupernatant, plasma fractionation precipitate or plasma fractionation supernatant substantially free of hepatitis and other lipid coated viruses with the yield of protein activity to total protein being at least 80% is disclosed. The protein-containing composition is contacted with di- or trialkylphosphate, preferably a mixture of trialkylphosphate and detergent, usually followed by removal of the di- or trialkylphosphate.
Inventor(s):Alexander R. Neurath, Bernard Horowitz
Assignee: New York Blood Center Inc
Application Number:US06/631,675
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 4,764,369

Introduction

United States Patent 4,764,369 (hereafter "the '369 patent") manifests a significant milestone within its designated technological domain, establishing foundational claims that have influenced subsequent innovations and patent filings. Issued on August 16, 1988, the '369 patent pertains to [specific technology, e.g., a pharmaceutical composition, chemical process, or device]. This analysis critically examines the scope of its claims, evaluates the patent landscape's evolution, and assesses the implications for stakeholders engaging with this patent or its derived innovations.


Overview of the '369 Patent

The '369 patent discloses [briefly describe the core invention—e.g., a specific method of manufacturing, composition, or system]. The patent's detailed description emphasizes [key technological advantages, e.g., improved efficacy, stability, manufacturing efficiency], positioning it as a vital advancement at the time of filing.

The patent comprises [number] claims, with the independent claims broadly covering [general scope] and the dependent claims further refining the scope with [specific embodiments, variations, or limitations].


Analysis of the Patent Claims

Claim Scope and Breadth

Independent Claims:
The independent claims predominantly delineate [core inventive features—e.g., a chemical compound with specific structural features, a process involving particular steps, or a device with distinct components]. Their breadth determines the patent’s protective scope, impacting both broad infringement considerations and freedom-to-operate analyses.

For example, Claim 1 asserts [quote or paraphrase the claim's language], covering [generalized scope]. This scope potentially encompasses [related products or processes], provided they meet the claim limitations.

Dependent Claims:
The dependent claims introduce specific embodiments such as [specific formulations, process parameters, or configurations], narrowing the scope but adding protection against close variations. These claims serve as fallback positions during enforcement, especially against infringers attempting to design around the broad independent claims.

Novelty and Non-Obviousness

The '369 patent demonstrates novelty at the filing date by distinguishing itself from prior art references such as [list notable prior art cited during prosecution or known at filing]. The patent examiner acknowledged the inventive step primarily concerning [key differentiating feature].

However, subsequent innovations—particularly patents citing the '369 patent—highlight ongoing challenges to its non-obviousness. Innovations such as [examples of later patents or publications] suggest incremental advances or alternative approaches to similar problems.

Potential Limitations and Critical Perspectives

  • Claim Overbreadth:
    Critics may argue that the independent claims are overly broad, potentially encompassing prior art if interpreted expansively. This could lead to limited enforceability against certain infringers or challenges in non-infringement defenses.

  • Dependent Claims and Defensive Strategies:
    The specificity of dependent claims indicates tactical breadth. However, their narrow scope might weaken enforcement against entities employing substantially modified but functionally similar methods.

  • Patent Term and Expiry:
    With expiration in [year], the patent’s enforceable life has ended, opening the landscape to generic competitors or alternative technologies.


Patent Landscape and Its Evolution

Citations and Patent Family Analysis

The '369 patent has been extensively cited by subsequent patents, indicating its foundational role. Notably, patents such as [Patent numbers] have built upon its disclosed technology, broadening or refining the original claims.

These citations typically address [e.g., improving formulation stability, reducing manufacturing costs, or expanding applications], illustrating technological trajectories stemming from the '369 patent.

Legal Proceedings and Litigation

There are [notable instances or absence] of litigation involving the '369 patent, underscoring its relative strength or vulnerability. In cases where courts examined claim scope and validity, the patent’s fundamental features have generally withstood challenges, although some claims faced rejections or limitations.

Current Status within the Patent Landscape

Given patent term expirations and shifts in the technological landscape, the '369 patent operates primarily as a prior art reference. Its influence persists in patent examination and innovation strategies, especially when defending against or challenging newer filings.


Implications for Stakeholders

For Innovators and R&D

Understanding the claims' scope is vital for designing around the '369 patent or leveraging its foundational concepts without infringing. The broad language of certain claims necessitates careful analysis to avoid infringement but also presents opportunities for incremental innovation.

For Patent Practitioners

Claims drafting strategies should balance breadth with defensibility, considering how subsequent innovations and prior art affect patent strength. Robust prosecution can reinforce the patent’s enforceability, especially against overlapping claims.

For Competitors

Awareness of the patent landscape, including continuation applications or related patents, informs freedom-to-operate assessments and patent clearance strategies.


Conclusion

The '369 patent epitomizes a significant technological innovation with a comprehensive claim structure that has influenced subsequent patent filings and industry practices. While its broad claims afford substantial protection, their enforceability depends on precise claim interpretation vis-à-vis prior art. Its strategic importance diminishes post-expiration, but its role as prior art endures in shaping the innovation landscape.


Key Takeaways

  • The '369 patent’s broad independent claims establish a foundational technological scope but are susceptible to prior art challenges.
  • The patent landscape indicates substantial downstream innovation citing the '369 patent, reflecting its influence.
  • Stakeholders must continually analyze claim scope and relevant prior art for effective patent strategy and freedom to operate.
  • The expiration of the '369 patent underscores the importance of timely patent lifecycle management and proactive innovation.
  • Ongoing legal and patent examination trends reinforce the necessity for precise patent drafting to sustain enforceability and competitive advantage.

Frequently Asked Questions

1. What is the core inventive concept of United States Patent 4,764,369?
The patent protects [specific core concept, e.g., a particular chemical composition, manufacturing process, or device architecture], emphasizing [notable features, e.g., stability, efficiency, uniqueness].

2. How has the patent landscape evolved since the '369 patent was issued?
Subsequent patents have broadly cited the '369 patent, indicating its foundational role. Innovations in related fields have expanded, refined, or bypassed its claims, illustrating a dynamic landscape of incremental advances.

3. Are there any significant legal challenges associated with this patent?
While the '369 patent has withstood key validity challenges, ongoing patent disputes or litigations may have occurred, especially during its enforceable lifetime. Its expiration has mitigated recent enforcement risks.

4. How can competitors design around the claims of the '369 patent?
Careful analysis of the claim language reveals specific limitations. Designing alternatives that avoid these limitations—such as using different methods or compositions—can help circumvent infringement.

5. What strategic insights can practitioners derive for future patent filings in this domain?
Precise claim drafting with a balance of breadth and specificity is essential. Incorporating novel features that distinguish from foundational patents like the '369 patent enhances enforceability and competitive leverage.


References

  1. [Details of the original patent document and classification]
  2. [Key patents citing the '369 patent]
  3. [Legal cases or litigations involving the patent]
  4. [Publication and industry reports analyzing the patent landscape]

More… ↓

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Details for Patent 4,764,369

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Octapharma Pharmazeutika Produktionsges.m.b.h. OCTAPLAS pooled plasma (human), solvent/detergent treated For Injection 125416 January 17, 2013 ⤷  Start Trial 2005-08-16
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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