Details for Patent: 4,247,547

Summary for Patent: 4,247,547

Title:	Tretinoin in a gel vehicle for acne treatment
Abstract:	An acne treatment gel composition, effective at low concentrations of tretinoin, is provided for topical application. The composition is highly effective in treating acne conditions and is capable of being stored without refrigeration for long periods of time without losing therapeutic effectiveness and while maintaining the uniformity and stability of the gel.
Inventor(s):	Marks; Alan M. (East Brunswick, NJ)
Assignee:	Johnson & Johnson (New Brunswick, NJ)
Application Number:	06/022,022
Patent Claim Types: see list of patent claims	Formulation; Compound; Use;

Analyzing the Scope and Claims of a Patent: A Detailed Guide Using United States Patent 4,247,547 as an Example

Introduction to Patent Analysis

Patent analysis is a crucial process for understanding the intellectual property landscape, identifying potential gaps or opportunities, and ensuring the enforceability of patents. This article will delve into the detailed analysis of the scope and claims of a patent, using United States Patent 4,247,547 as a case study.

Understanding the Basics of Patent Claims

Patent claims are the most critical part of a patent application, as they define the scope of the invention and what is protected by the patent. In the U.S., patent law requires that the "true and only" inventors be listed, and the claims must be clear and definite to permit one with ordinary skill in the field to reduce the invention to practice without undue experimentation[2].

Identifying the True and Only Inventors

Before diving into the claims, it is essential to ensure that the inventors listed are the correct ones. The conception of the idea is a key factor in determining inventorship. This involves identifying each person who conceived the idea or ideas of the patent claims. For example, in the case of United States Patent 4,247,547, the inventors would need to be those who conceived the specific invention described in the patent claims[2].

Locating and Accessing Patent Information

To analyze a patent, one must first locate and access the patent documentation. The USPTO provides several tools for this purpose, including the Patent Public Search tool, which offers modern interfaces for enhanced access to prior art. Additionally, resources like the Global Dossier and Patent and Trademark Resource Centers (PTRCs) can be invaluable for comprehensive patent searches[1].

Analyzing the Claims of United States Patent 4,247,547

Claim Structure

Patent claims are typically divided into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.

Claim Coverage Matrix

A Claim Coverage Matrix is a useful tool for analyzing which patents and claims are actively protecting the intellectual property. This matrix categorizes patents not only by claims but also by overarching scope concepts, allowing for a more efficient analysis of large numbers of patent claims[3].

Scope Concepts

For United States Patent 4,247,547, the scope concepts would relate to the specific technology or method described in the patent. These concepts help in filtering, searching, and accurately analyzing the claims to determine their applicability to target products or methods.

Evaluating the Patent Landscape

Tracking Patents by Claims and Scope Concepts

To understand the broader patent landscape, it is crucial to track patents by their claims and scope concepts. This involves categorizing patents based on their claims and the overarching concepts that link similar patents. For example, if United States Patent 4,247,547 pertains to a specific technological field, analyzing other patents within the same scope concepts can reveal gaps or opportunities in the current coverage[3].

Claim Charts

Claim charts generated by tools like ClaimScape® can be highly effective in reviewing patent coverage. These charts allow technical experts to determine whether a particular scope concept is applicable to a target product or method, highlighting areas where claim coverage may be lacking and identifying future design opportunities[3].

Identifying Gaps and Opportunities

Gap Analysis

A thorough analysis of the claims and scope concepts can help identify gaps in the current patent coverage. For instance, if United States Patent 4,247,547 covers a specific aspect of a technology, but other related aspects are not covered, this could indicate an opportunity for further innovation or additional patent filings.

Future Design Opportunities

The claim charts and scope concepts can also highlight potential future design opportunities. By identifying areas where the current claim coverage is medium or low in value, companies can focus on developing new technologies or methods that could be highly valuable in the future[3].

Impact of Patent Litigation

Factors Affecting Patent Litigation

Patent litigation can significantly impact the enforceability and value of a patent. Factors such as changes in patent laws, like the Leahy-Smith America Invents Act (AIA), and the increasing number of lawsuits involving nonpracticing entities (NPEs) can affect the patent landscape. For example, the AIA limited the number of defendants in a lawsuit, leading to an increase in the number of lawsuits filed[4].

Linking Litigation Trends to Patent Examination

The USPTO has been recommended to link trends in patent infringement litigation to internal data on the patent examination process to improve the quality of issued patents. This can help in identifying potential issues with patent claims and ensuring that patents are more robust against future litigation[4].

Tools and Resources for Patent Analysis

USPTO Resources

The USPTO offers several resources for patent analysis, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These tools provide access to prior art, file histories of related applications, and bibliographic data for patent applications[1].

Patent and Trademark Resource Centers (PTRCs)

PTRCs are local resources that maintain search tools and offer training in patent search techniques. These centers can be invaluable for conducting thorough patent analyses and ensuring that all relevant prior art is considered[1].

Key Takeaways

• Accurate Inventorship: Ensuring the correct inventors are listed is crucial for the enforceability of a patent.
• Claim Analysis: Understanding the structure and scope of patent claims is essential for determining the protection offered by a patent.
• Patent Landscape: Analyzing the broader patent landscape using tools like Claim Coverage Matrices and claim charts helps in identifying gaps and opportunities.
• Litigation Impact: Changes in patent laws and litigation trends can significantly affect the value and enforceability of patents.
• USPTO Resources: Utilizing USPTO resources such as the Patent Public Search tool and Global Dossier can enhance the patent analysis process.

FAQs

Q: What is the importance of accurate inventorship in a patent application? A: Accurate inventorship is crucial because it ensures that the true and only inventors are listed, which is a requirement for the enforceability of the patent. Incorrect or incomplete identification of inventors can lead to challenges and potential invalidation of the patent[2].

Q: How do Claim Coverage Matrices help in patent analysis? A: Claim Coverage Matrices help by categorizing patents by claims and overarching scope concepts, making it easier to filter, search, and analyze large numbers of patent claims. This tool identifies which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].

Q: What is the role of the USPTO in patent analysis? A: The USPTO provides several tools and resources, such as the Patent Public Search tool, Global Dossier, and PTRCs, which are essential for conducting thorough patent searches and analyses. These resources help in accessing prior art, file histories, and bibliographic data for patent applications[1].

Q: How do changes in patent laws affect patent litigation? A: Changes in patent laws, such as the Leahy-Smith America Invents Act (AIA), can significantly impact patent litigation. For example, the AIA limited the number of defendants in a lawsuit, leading to an increase in the number of lawsuits filed. These changes can affect the strategy and outcomes of patent litigation[4].

Q: What is the significance of linking litigation trends to patent examination data? A: Linking litigation trends to patent examination data can help improve the quality of issued patents by identifying potential issues with patent claims. This integration can make patents more robust against future litigation and enhance the overall patent examination process[4].

Sources

1. USPTO: "Search for patents - USPTO"
2. Oregon State University: "Determining Inventorship for US Patent Applications"
3. Schwegman Lundberg & Woessner: "Patent Analytics | Intellectual Property Law"
4. GAO: "Assessing Factors That Affect Patent Infringement Litigation"

Drugs Protected by US Patent 4,247,547

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