Analyzing the Scope and Claims of United States Patent 4,423,041
Introduction
United States Patent 4,423,041, titled "Detackifying Composition for Use in Emulsion-Type Personal Care Compositions," was granted on December 27, 1983. This patent, assigned to Ethicon, Inc., introduces a novel composition designed to reduce the tackiness of personal care products. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Inventors and Assignee
The patent was invented by Clum et al. and assigned to Ethicon, Inc., a company known for its medical and consumer products[4].
Background and Motivation
The invention addresses the ongoing need for effective detackifying systems in emulsion-type personal care compositions. Prior art disclosed various compositions, but they often had limitations in terms of efficacy and stability. The inventors aimed to create a composition that would significantly reduce tackiness while maintaining the desired properties of the personal care products.
Claims Analysis
Independent Claims
The patent includes several claims, with the independent claims defining the core of the invention. Here is a summary of the key independent claim:
- Claim 1: A detackifying composition for use in emulsion-type personal care compositions, comprising a mixture of a silicone fluid and a silicone wax in a specific ratio (9:1 to 1:3 by weight)[4].
Dependent Claims
Dependent claims further specify the invention by adding additional limitations or features. For example:
- Claim 2: The composition of claim 1, wherein the silicone fluid is a polydimethylsiloxane and the silicone wax is a polyethylene-polydimethylsiloxane copolymer[4].
Scope of the Invention
Composition Details
The patented composition consists of a mixture of a silicone fluid and a silicone wax. The specific ratio of these components is crucial, ranging from 9:1 to 1:3 by weight. This ratio ensures the effective reduction of tackiness in emulsion-type personal care products.
Applications
The detackifying composition is designed for use in various personal care products, including creams, lotions, and gels. These products are commonly used in both consumer and medical settings.
Prior Art and References
Cited Patents and Publications
The patent references several prior art documents, including U.S. patents and foreign patent documents. For example:
- U.S. Pat. No. 2,798,053 and U.S. Pat. No. 3,133,865 are cited as relevant prior art in the field of personal care compositions[4].
Technological Context
The invention builds upon existing knowledge in the field of silicone-based formulations. The use of silicone fluids and waxes in personal care products was not new, but the specific combination and ratio disclosed in this patent provided a novel solution to the problem of tackiness.
Patent Landscape
Related Patents
Several patents related to detackifying compositions and personal care products have been filed and granted both before and after U.S. Patent 4,423,041. For instance:
- U.S. Pat. No. 5,972,358, granted in 1999, describes a mixture of silicone wax, silicone fluid, and lactate molecules for reducing tackiness in topical formulations. This patent shows the ongoing development in the field of detackifying systems[4].
International Patent Databases
To understand the global patent landscape, one can refer to international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). These databases offer insights into similar inventions filed in other jurisdictions[1].
Economic and Legal Implications
Presumption of Validity
Each claim of the patent is presumed valid independently of the validity of other claims, as per 35 USC 282. This presumption can be challenged through various legal defenses, but it provides a strong foundation for the patent holder's rights[5].
Licensing and Litigation
The patent's validity and scope can impact licensing agreements and potential litigation. Companies interested in using similar compositions must either obtain a license or ensure their products do not infringe on the patented claims.
Conclusion
United States Patent 4,423,041 represents a significant innovation in the field of personal care products by providing an effective detackifying composition. The detailed analysis of its claims and scope highlights the importance of precise ratios of silicone fluid and wax. Understanding the broader patent landscape and prior art is crucial for companies operating in this sector to navigate intellectual property rights and potential legal challenges.
Key Takeaways
- Composition: The patent describes a mixture of silicone fluid and silicone wax in a specific ratio.
- Applications: The composition is used in emulsion-type personal care products like creams, lotions, and gels.
- Prior Art: The invention builds upon existing knowledge in silicone-based formulations.
- Patent Landscape: The patent is part of a larger landscape of related patents and international filings.
- Legal Implications: Each claim is presumed valid, and the patent's scope can impact licensing and litigation.
FAQs
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What is the main claim of U.S. Patent 4,423,041?
- The main claim is for a detackifying composition comprising a mixture of a silicone fluid and a silicone wax in a specific ratio (9:1 to 1:3 by weight).
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What are the primary applications of the patented composition?
- The composition is primarily used in emulsion-type personal care products such as creams, lotions, and gels.
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How does this patent build upon prior art?
- The patent builds upon existing knowledge in silicone-based formulations by introducing a novel ratio of silicone fluid and wax that effectively reduces tackiness.
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What international databases can be used to search for related patents?
- Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) can be used to search for related patents.
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What is the legal presumption regarding the validity of the patent claims?
- Each claim of the patent is presumed valid independently of the validity of other claims, as per 35 USC 282.
Sources
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USPTO - Search for patents
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ACUS - U.S. Patent Small Claims Court
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USPTO - Patent Claims Research Dataset
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United States Patent - 4,423,041
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35 USC 282: Presumption of validity; defenses
