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Last Updated: May 18, 2025

Details for Patent: 10,364,431


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Summary for Patent: 10,364,431
Title:Compositions for treating muscular dystrophy
Abstract: Improved compositions and methods for treating muscular dystrophy by administering antisense molecules capable of binding to a selected target site in the human dystrophin gene to induce exon skipping are described.
Inventor(s): Kaye; Edward M. (Cambridge, MA)
Assignee: Sarepta Therapeutics, Inc. (Cambridge, MA)
Application Number:15/604,335
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 10,364,431: A Detailed Analysis

Introduction

United States Patent 10,364,431, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it offers. To analyze this patent, we need to delve into its various components, including the background, summary, detailed description, and most importantly, the claims.

Background of the Patent

Before diving into the specifics of the patent, it is crucial to understand the context in which it was filed. This includes the technological field it pertains to, the problems it aims to solve, and any prior art that it builds upon or improves.

Summary of the Invention

The summary section provides a brief overview of the invention, highlighting its key aspects and the main contributions it makes to the field. This section is essential for understanding the broader scope of the patent.

Detailed Description of the Invention

This section provides a detailed explanation of the invention, including how it works, its components, and any specific embodiments. It often includes drawings and diagrams to help illustrate the invention.

Claims of the Patent

The claims are the most critical part of a patent as they define the scope of protection. Here is a detailed look at what the claims entail:

Independent and Dependent Claims

  • Independent Claims: These claims stand alone and define the invention without reference to other claims. They are typically broader and set the foundation for the dependent claims.
  • Dependent Claims: These claims refer back to and further limit the independent claims. They often add specific details or features that narrow down the scope of the invention.

Claim Construction

Claim construction is the process of interpreting the meaning of the claims. This involves understanding the language used, the context in which it is used, and any limitations or exceptions specified. The 2024 USPTO guidance update emphasizes the importance of evaluating whether a claim integrates a judicial exception into a practical application, which is crucial for determining patent eligibility[1].

Patent Eligibility

For a claim to be patent-eligible, it must meet specific criteria. The 2024 USPTO guidance update clarifies that the method of invention development, including the use of AI, does not impact subject matter eligibility. Instead, the focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated on equal footing with other technologies. The claims must integrate judicial exceptions into practical applications, providing meaningful limits and tangible benefits[1].

Practical Applications and Real-World Benefits

To bolster the argument for patent eligibility, the claims must demonstrate real-world applications and provide concrete benefits. For example, if a claim involves abstract ideas like data analysis or mathematical calculations, it must specify how these are applied in a way that improves technology or solves specific problems in the relevant field. This is illustrated in the 2024 USPTO guidance update through examples where claims that specify practical applications, such as enhancing the accuracy of voice commands in hands-free environments, are considered patent-eligible[1].

Inventorship and Ownership

Determining the true and only inventors is crucial for the validity of a patent. US patent law requires that only the actual inventors be listed on the patent application. Incorrect or incomplete identification of inventors can lead to the patent being invalid or unenforceable. The consequences of deceptive intent in naming inventors are severe, as seen in cases where patents were found unenforceable due to such misconduct[2].

Patent Landscape and Prior Art

Understanding the patent landscape involves identifying existing patents and published patent applications in the same field. This can be done using resources like the USPTO Public Search Facility or the Patent Claims Research Dataset, which provides detailed information on claims from US patents and applications. Analyzing prior art helps in assessing the novelty and non-obviousness of the invention, which are key requirements for patentability[3][4].

Statistical Analysis and Trends

The Patent Claims Research Dataset can also be used to analyze statistical trends in patent claims. This dataset, maintained by the USPTO, includes claim-level statistics and document-level statistics, providing insights into the scope and breadth of patents in various fields. Such analysis can help in understanding the broader patent landscape and how the patent in question fits within it[3].

Enforcement and Litigation

A patent's value is not just in its issuance but also in its enforceability. Ensuring that the patent is properly drafted and that all true inventors are listed is crucial for its validity. Any errors in inventorship or claims construction can lead to litigation and potentially render the patent unenforceable. Therefore, thorough legal counsel and accurate invention disclosure are essential[2].

Key Takeaways

  • Claims Construction: The claims must be carefully constructed to ensure they integrate judicial exceptions into practical applications.
  • Practical Applications: Demonstrating real-world benefits and specific uses of the invention is crucial for patent eligibility.
  • Inventorship: Accurate identification of inventors is vital for the patent's validity.
  • Patent Landscape: Understanding the existing patents and prior art is essential for assessing the novelty and non-obviousness of the invention.
  • Enforceability: Proper drafting and accurate disclosure are key to ensuring the patent's enforceability.

FAQs

What is the significance of the 2024 USPTO guidance update on AI patent eligibility?

The 2024 USPTO guidance update refines and clarifies the process for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and ensuring AI-assisted inventions are evaluated on equal footing with other technologies[1].

How important is accurate inventorship in patent applications?

Accurate inventorship is crucial as incorrect or incomplete identification of inventors can lead to the patent being invalid or unenforceable. Deceptive intent in naming inventors can result in the patent being unenforceable[2].

What resources are available for searching and analyzing patent claims?

Resources such as the USPTO Public Search Facility, the Patent Claims Research Dataset, and the Publication Site for Issued and Published Sequences (PSIPS) are available for searching and analyzing patent claims[3][4].

How does the Patent Claims Research Dataset aid in understanding the patent landscape?

The dataset provides detailed information on claims from US patents and applications, including claim-level statistics and document-level statistics, helping to analyze trends and the scope of patents in various fields[3].

What are the consequences of errors in claims construction?

Errors in claims construction can lead to section 101 rejections or render the patent unenforceable. Proper claim construction is essential to ensure the patent meets the criteria for patent eligibility[1].

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility - Mintz.
  2. Determining Inventorship for US Patent Applications - Oregon State University.
  3. Patent Claims Research Dataset - USPTO.
  4. Search for Patents - USPTO.

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Drugs Protected by US Patent 10,364,431

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Sarepta Theraps Inc EXONDYS 51 eteplirsen SOLUTION;INTRAVENOUS 206488-001 Sep 19, 2016 RX Yes Yes 10,364,431 ⤷  Try for Free RESTORING AN MRNA READING FRAME TO INDUCE DYSTROPHIN PROTEIN PRODUCTION IN PATIENTS HAVING A MUTATION OF THE DMD GENE THAT IS AMENABLE TO EXON 51 SKIPPING ⤷  Try for Free
Sarepta Theraps Inc EXONDYS 51 eteplirsen SOLUTION;INTRAVENOUS 206488-001 Sep 19, 2016 RX Yes Yes 10,364,431 ⤷  Try for Free TREATMENT OF DUCHENNE MUSCULAR DYSTROPHY IN PATIENTS HAVING A MUTATION OF THE DMD GENE THAT IS AMENABLE TO EXON 51 SKIPPING ⤷  Try for Free
Sarepta Theraps Inc EXONDYS 51 eteplirsen SOLUTION;INTRAVENOUS 206488-002 Sep 19, 2016 RX Yes Yes 10,364,431 ⤷  Try for Free RESTORING AN MRNA READING FRAME TO INDUCE DYSTROPHIN PROTEIN PRODUCTION IN PATIENTS HAVING A MUTATION OF THE DMD GENE THAT IS AMENABLE TO EXON 51 SKIPPING ⤷  Try for Free
Sarepta Theraps Inc EXONDYS 51 eteplirsen SOLUTION;INTRAVENOUS 206488-002 Sep 19, 2016 RX Yes Yes 10,364,431 ⤷  Try for Free TREATMENT OF DUCHENNE MUSCULAR DYSTROPHY IN PATIENTS HAVING A MUTATION OF THE DMD GENE THAT IS AMENABLE TO EXON 51 SKIPPING ⤷  Try for Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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