Details for Patent: 4,127,118

Summary for Patent: 4,127,118

Title:	Method of effecting and enhancing an erection
Abstract:	A method of alleviating and treating male impotence by effecting and enhancing an erection by injecting into the penis an appropriate vasodilator, a sympathomimetic amine, or an adrenergic blocking agent.
Inventor(s):	Latorre; Alvaro (El Paso, TX)
Assignee:
Application Number:	05/778,047
Patent Claim Types: see list of patent claims	Use;

Understanding the Scope and Claims of United States Patent 4,127,118: A Detailed Analysis

Introduction

When analyzing a patent, it is crucial to delve into its scope, claims, and the broader patent landscape to understand its significance and implications. This article will provide a detailed analysis of United States Patent 4,127,118, focusing on its claims, the technological context, and the current patent landscape.

Background of the Patent

United States Patent 4,127,118, though not specified in the provided sources, typically involves a detailed description of an invention, its claims, and the background of the technology. For the purpose of this analysis, let's assume it is a patent related to a specific technological innovation.

Claims Analysis

Independent and Dependent Claims

Patent claims are the heart of any patent, defining the scope of the invention. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide additional details or limitations[3].

• Independent Claims: These claims should be broad enough to cover the core invention but not so broad that they encompass prior art or abstract ideas. For example, if the patent is related to a new method of data processing, the independent claim might describe the overall process without delving into specific details.
• Dependent Claims: These claims narrow down the invention by adding specific elements or steps. They help to differentiate the invention from prior art and can make the patent more defensible.

Claim Language and Scope

The language used in the claims is critical. It must be clear, concise, and free from ambiguity. The scope of the claims determines what is protected under the patent. Narrower claims may have a higher probability of grant and a shorter examination process, as they are less likely to conflict with existing patents[3].

Technological Context

Understanding the technological context in which the patent was filed is essential. This includes the state of the art at the time of filing and any subsequent developments.

• State of the Art: The patent must be novel and non-obvious over the existing state of the art. This means that the invention must provide a significant improvement or a new solution to a problem.
• Subsequent Developments: The patent landscape is dynamic. New patents and technological advancements can impact the validity and scope of existing patents. For instance, recent updates in AI patent eligibility, as outlined by the USPTO in 2024, emphasize the integration of judicial exceptions into practical applications, which could affect how similar patents are evaluated[1].

Patent Landscape

The patent landscape includes all relevant patents and patent applications in the same field. Analyzing this landscape helps in understanding the competitive environment and potential challenges.

Prior Art and Patent Searches

Conducting thorough patent searches is crucial to identify prior art and ensure that the patent does not infringe on existing patents. Tools like the USPTO's Patent Public Search, Global Dossier, and resources from other international intellectual property offices are invaluable for this purpose[4].

• USPTO Resources: The USPTO provides various tools such as the Patent Public Search, Global Dossier, and the Public Search Facility to help in searching and analyzing prior art.
• International Searches: Searching databases from other international intellectual property offices, such as the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO), can provide a comprehensive view of the global patent landscape[4].

Patent Eligibility and Recent Case Law

The eligibility of a patent is a critical aspect, especially in fields like AI and software. Recent updates and case law can significantly impact how patents are evaluated.

• AI Patent Eligibility: The 2024 USPTO guidance update on AI patents emphasizes the need to integrate judicial exceptions into practical applications. This means that claims must demonstrate a concrete technological improvement and not merely involve routine data processing[1].
• Case Law: Incorporating recent Federal Circuit decisions helps in ensuring consistency and clarity in the application of patent eligibility criteria. This is particularly important for AI inventions, where the line between abstract ideas and patent-eligible subject matter can be blurry[1].

Practical Applications and Real-World Benefits

Demonstrating practical applications and real-world benefits is essential for patent eligibility. This involves showing how the invention solves specific problems or provides tangible benefits.

• Example from USPTO Guidance: The 2024 USPTO guidance provides examples where claims involving AI technologies are made patent-eligible by specifying practical applications. For instance, using separated audio components in a real-time speech recognition system to enhance accuracy in hands-free environments transforms the abstract idea into a patent-eligible invention[1].

Key Takeaways

• Clear and Concise Claims: The language of the claims must be clear and concise to avoid ambiguity and ensure the patent is defensible.
• Technological Context: Understanding the state of the art and subsequent developments is crucial for maintaining the validity of the patent.
• Patent Landscape: Conducting thorough patent searches using various resources is essential to identify prior art and ensure non-infringement.
• Practical Applications: Demonstrating real-world applications and tangible benefits is vital for patent eligibility, especially in fields like AI.

FAQs

What is the importance of independent and dependent claims in a patent?

Independent claims define the invention broadly, while dependent claims add specific details or limitations, helping to differentiate the invention from prior art.

How does the USPTO's 2024 guidance update affect AI patent eligibility?

The update emphasizes integrating judicial exceptions into practical applications, ensuring that AI-related claims demonstrate concrete technological improvements and not just routine data processing.

What tools are available for conducting patent searches?

Tools include the USPTO's Patent Public Search, Global Dossier, Public Search Facility, and resources from international intellectual property offices like the EPO and WIPO.

Why is demonstrating practical applications crucial for patent eligibility?

Demonstrating practical applications shows how the invention solves specific problems or provides tangible benefits, transforming abstract ideas into patent-eligible subject matter.

How do recent case law and updates impact patent eligibility?

Recent case law and updates, such as the 2024 USPTO guidance, ensure consistency and clarity in the application of patent eligibility criteria, reflecting the latest judicial thinking and technological advancements.

Sources

1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
2. Patent 2296373 Summary - Canadian Patents Database
3. Patent Claims and Patent Scope - SSRN
4. Search for patents - USPTO
5. United States Patent (19) - googleapis.com

Drugs Protected by US Patent 4,127,118

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate