Detailed Analysis of the Scope and Claims of United States Patent 10,292,389
Introduction
United States Patent 10,292,389, titled "Pediculicidal composition," is a patent that describes a method and composition for treating lice infestations. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US10292389B2
- Authority: United States
- Prior Art Date: The patent application was filed on July 18, 2014, and the patent was granted on October 23, 2018[4].
Invention Summary
The patent discloses a pediculicidal composition designed to treat lice infestations. The composition includes a metal chelating agent, an activating solvent system, and a carrier vehicle. The method involves topically applying the composition to a host with a lice infestation, which can kill lice and inhibit lice eggs from hatching[4].
Scope of the Patent
Claims Analysis
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Independent Claims: These claims define the core aspects of the invention. For example, Claim 1 describes the pediculicidal composition comprising a metal chelating agent, an activating solvent system, and a carrier vehicle[4].
- Dependent Claims: These claims further specify the components and methods described in the independent claims. For instance, dependent claims might detail specific concentrations of the metal chelating agent or the types of activating solvents used.
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. In this case, the claims are specific about the components of the pediculicidal composition and the method of application. This specificity helps in distinguishing the invention from prior art and ensures that the patent covers a unique and novel contribution to the field.
Metrics for Measuring Patent Scope
Independent Claim Length and Count
Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
Application to US10292389B2
For US10292389B2, analyzing the independent claim length and count can provide insights into the patent's scope. If the independent claims are concise and few in number, it may indicate a more focused and narrower scope, which could be beneficial for enforcement and litigation purposes.
Patent Landscape
Prior Art and Related Patents
The patent landscape includes prior art and related patents that have been cited or are relevant to the invention. For US10292389B2, prior art keywords include "composition," "dipyridyl," "dimethyl," and "lice," indicating that the patent builds upon existing knowledge in the field of pediculicidal treatments[4].
Global Dossier and International Patent Offices
To understand the global patent landscape, tools like the Global Dossier can be used. This service provides access to the file histories of related applications from participating IP Offices, allowing users to see the patent family for a specific application and related citations and classifications[1].
Search International Patent Offices
Searching international patent databases, such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), can help identify if similar inventions have been patented abroad. This is crucial for determining the global scope and potential for international protection[1].
Enforcement and Litigation
Patent Examination Data System (PEDS)
Tools like the Patent Examination Data System (PEDS) can provide insights into the examination process and any office actions related to the patent. This information can be valuable for understanding the patent's validity and potential enforcement challenges[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) consolidates prior art cited by multiple offices for the same invention, helping to identify potential infringement and validity issues. This can be particularly useful in litigation scenarios where the scope and validity of the patent are under scrutiny[1].
Key Takeaways
- Specific Composition: The patent describes a specific pediculicidal composition with a metal chelating agent, an activating solvent system, and a carrier vehicle.
- Method of Application: The method involves topically applying the composition to treat lice infestations.
- Narrow Scope: The claims are specific, indicating a narrower scope which could be beneficial for enforcement.
- Global Landscape: The patent's global implications can be understood by searching international patent databases and using tools like the Global Dossier.
- Enforcement Tools: Tools like PEDS and CCD can aid in understanding the patent's examination history and potential litigation challenges.
FAQs
Q: What is the main component of the pediculicidal composition described in US10292389B2?
A: The main component includes a metal chelating agent, specifically mentioned as 5,5′-dimethyl-2,2′-dipyridyl.
Q: How is the pediculicidal composition applied?
A: The composition is applied topically to a host with a lice infestation.
Q: What tools can be used to understand the global patent landscape for this invention?
A: Tools such as the Global Dossier, and searching international patent databases like those provided by the EPO, JPO, and WIPO.
Q: How can the scope of the patent be measured?
A: Metrics such as independent claim length and count can be used to measure the patent scope.
Q: What is the significance of the Common Citation Document (CCD) in patent litigation?
A: The CCD consolidates prior art cited by multiple offices, helping to identify potential infringement and validity issues.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- U.S. Patent and Trademark Office (USPTO) | USAGov: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Patent Claims and Patent Scope - Search eLibrary :: SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- US10292389B2 - Pediculicidal composition - Google Patents: https://patents.google.com/patent/US10292389B2/en
- US-5100436-A - Unified Patents Portal: https://portal.unifiedpatents.com/patents/patent/US-5100436-A
