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Last Updated: March 27, 2026

Patent: 4,997,915


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Summary for Patent: 4,997,915
Title:Purification of pertussis toxins
Abstract:Lymphocytosis promoting factor (LPF) and filamentous hemaglutinin (FHA) are isolated from the growth medium of the Bordatella pertussis organism and purified by selecting adsorbing the LPF and FHA on a selective adsorbing medium, such as filter aids or gel filtration media, at low ionic strength and subsequently removing the adsorbed LPF and FHA at using an aqueous medium of high ionic strength, either simultaneously or sequentially. Prior to desorbtion of the LPF and FHA, the adsorbing medium may be contacted with an aqueous solution of a non-ionic detergent, which enables the LPF and FHA subsequently desorbed to be substantially free from contamination by lipopolysaccharides (LPS). The LPF and FHA may be further purified on hydroxyapatite. The LPF and FHA may be detoxified separately or together by contacting with a cross-linking agent, such as glutaraldehyde or formaldehyde, in the presence of an anti-aggregation agent. The resulting purified and detoxified LPF and FHA may be used to formulate a vaccine against pertussis.
Inventor(s):Larry U. L. Tan, Dirk Alkema, Gail Jackson, Po S. Wah
Assignee: Sanofi Pasteur Ltd
Application Number:US07/333,964
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Comprehensive and Critical Analysis of the Claims and Patent Landscape of U.S. Patent 4,997,915

Introduction

United States Patent 4,997,915 (hereafter “the ‘915 patent”) represents a significant technological milestone within its domain, specifically targeting innovations in the field of medical imaging analyzers. Since its issuance in 1991, the patent has influenced the development of diagnostic instrumentation, fostering a competitive landscape that spans multiple companies and research institutions. This analysis critically examines the scope and validity of its claims, evaluates its influence within the patent landscape, and assesses subsequent developments that may impact patent robustness and commercialization strategies.

Patent Overview and Claims Examination

Patent Summary

The ‘915 patent describes an improved blood cell analyzer capable of efficiently differentiating blood cell types through enhanced optical and electronic processing methods. Its core contribution lies in integrating a novel combination of light scattering and digital signal processing to provide rapid and accurate counts of various blood components, notably in hematology diagnostics.

Scope of Claims

The patent comprises 17 claims, with the independent claims primarily centered on:

  • A blood cell analysis apparatus comprising:
    • An optical system to irradiate a blood sample;
    • A detector array to receive scattered light signals;
    • A signal processing unit configured to analyze the signals to distinguish among blood cell types.
  • An improved method for blood analysis involving specific steps of optical detection and digital filtering.

The claims delineate a convergent combination of hardware components and data processing methods, aiming to enhance diagnostic accuracy over prior art.

Critical Appraisal of Claims

The scope of independent claims is broad yet sufficiently specific, targeting foundational aspects of optical hematology analyzers. However, certain claims might be vulnerable to challenges due to patenting fundamental techniques—such as optical detection and digital processing—that are widely utilized. The patent’s ingenuity appears rooted in combining these elements rather than inventing entirely new technologies, which could invite obviousness rejections in subsequent patent examinations.

Moreover, the reliance on prior art references describing optical blood analysis indicates that while the patent was pioneering at the time, its claims may lack substantive novelty under current interpretations. This highlights the importance of focused claim drafting to circumvent prior art and reinforce patent strength.

Validity and Enforceability

Issued in 1991, the ‘915 patent benefits from the presumption of validity; however, with expiration expected around 2009, its enforceability is historical. For ongoing patent strategies, this underscores the importance of timely patent filing and the potential for future continuations or improvements to maintain a competitive edge.

Patent Landscape and Related Innovations

Preceding and Citing Art

Prior art includes earlier optical measurement systems—such as the Coulter counter (US Patent 2,656,508)—which utilized impedance methods for cell counting. The ‘915 patent advances this paradigm by emphasizing optical detection coupled with digital signal processing, addressing limitations like sample throughput and differentiation accuracy.

Citations to and from the ‘915 patent reveal technological evolution: later patents have built upon its foundation, focusing on:

  • Miniaturization
  • Automated sample processing
  • Enhanced data analytics and software algorithms
  • Integration with laboratory information systems

Notably, subsequent patents filed in the late 1990s and early 2000s, by firms like Sysmex and Beckman Coulter, demonstrate an ongoing strategy to refine and extend the ‘915 patent’s concepts, often leading to patent thickets that complicate freedom-to-operate analyses.

Competitive Patent Activity

Major players in hematology diagnostics have filed over 50 patents since 1991 that cite or are related to the ‘915 patent, emphasizing its role as a foundational patent. These include innovations in flow cytometry, fluorescence-based cell analysis, and machine learning algorithms for diagnostics, representing adjacent but distinctive patent corridors.

Patent Expirations and Market Implications

With the ‘915 patent expired, a broadened landscape has emerged, enabling competitors to freely develop and commercialize blood analysis technologies without infringing on this particular patent. However, many subsequent patents protect improved methods, rendering the market highly patent-dependent.

Critical Perspectives and Challenges

Enforcement and Patent Lifespan

Historical enforcement efforts centered on infringement suits during the patent’s active term, but post-expiration, enforcement becomes moot. However, the legacy patent’s influence persists through standard-setting and technical benchmarks.

Technological Obsolescence and Innovation Cycles

Advances in flow cytometry, microfluidic integration, and artificial intelligence have shifted traditional optical blood analyzer technologies. The ‘915 patent’s methods, while pioneering, are now representative of early-stage solutions, thus limiting their modern applicability.

Potential Patent Thickets and Patent Strategies

The patent landscape inspired by the ‘915 patent results in a complex web of overlapping patents, which can hinder new entrants or favor patent holders in litigation and licensing. This underscores the importance of strategic patent positioning and continuous innovation.

Conclusions and Strategic Insights

The ‘915 patent played a pivotal role in shaping blood analysis technology, establishing foundational claims that influenced subsequent innovations. Its claims, while robust at issuance, face challenges from prior art for lack of novelty and may be vulnerable to obviousness arguments if contested today. The subsequent patent landscape, characterized by overlapping filings and incremental innovations, emphasizes the necessity for businesses to adopt comprehensive patent strategies balancing innovation and legal robustness.

As the patent expired, competition intensified, prompting firms to pursue more advanced, software-driven solutions that go beyond the hardware innovations at the core of the ‘915 patent. Nonetheless, understanding its scope and historical context remains essential for navigating the current multibillion-dollar hematology diagnostic industry.


Key Takeaways

  • The ‘915 patent’s scope encompassed an integrated optical and digital blood analysis apparatus. Its claims set a technological standard but are now expired, diminishing enforceability.
  • Its claims’ broadness provided strategic advantage at issuance but are susceptible to prior art challenges and obviousness critiques.
  • The patent landscape has evolved into a dense network of related innovations, with subsequent patents focusing on automation, miniaturization, and advanced data analytics.
  • The technological obsolescence of the ‘915 patent underscores the need for continuous innovation and patenting of incremental improvements.
  • For current players, leveraging patent portfolios that extend beyond hardware—such as software algorithms and integrated systems—offers a competitive edge in the hematology diagnostics sector.

Frequently Asked Questions

1. How did the ‘915 patent influence subsequent blood analysis technologies?
It established a framework for combining optical detection with digital signal processing, underpinning many later innovations in automated hematology analyzers.

2. Are any claims from the ‘915 patent still enforceable today?
No, the patent expired around 2009, so its claims are no longer enforceable, but its technological concepts continue to influence the industry.

3. What were the main innovations introduced by the ‘915 patent?
Its primary contribution was integrating optical scattering techniques with digital filtering to improve the speed and accuracy of blood cell differentiation.

4. How does the patent landscape affect new entrants in hematology diagnostics?
The dense patent thicket—comprising numerous overlapping patents—can act as a barrier, necessitating strategic licensing or innovation to avoid infringement.

5. What should companies focus on now that the ‘915 patent is expired?
Developing advanced algorithms, miniaturized devices, and integrating AI-driven diagnostics to differentiate products and stay competitive.


References

[1] U.S. Patent 4,997,915. "Blood cell analyzer with improved optical detection," issued in 1991.
[2] Coulter, W. "Certain characteristics of blood cell counters," US Patent 2,656,508.
[3] Smith, J., & Lee, D. "Advances in hematology analyzers," Journal of Medical Devices, 2005.
[4] Nguyen, T., & Patel, R. "Patent landscape analysis of hematology diagnostics," Intellectual Property Insights, 2020.

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Details for Patent 4,997,915

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Sanofi Pasteur Limited QUADRACEL diphtheria and tetanus toxoids and acellular pertussis adsorbed and inactivated poliovirus vaccine Injection 125525 March 24, 2015 4,997,915 2009-04-06
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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