United States Patent 4,696,949: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,696,949, hereafter referred to as the '949 patent, is a significant intellectual property asset that has contributed to the innovation landscape in its respective field. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Inventor and Issuance
The '949 patent was issued to its inventor(s) on September 29, 1987. The patent certificate, as per USPTO records, provides details on the inventor(s), the issuance date, and the extended term if any, under 35 U.S.C. § 156[5].
Title and Abstract
While the specific title and abstract of the '949 patent are not provided in the sources, these elements are crucial in understanding the invention's purpose and scope. Typically, the title and abstract give a concise overview of the invention, including its main features and applications.
Scope of the Invention
Claims Analysis
The claims section of a patent is the most critical part as it defines the legal boundaries of the invention. Claims in a patent like the '949 patent would include independent and dependent claims, each detailing specific aspects of the invention. For example:
- Independent Claims: These define the broadest scope of the invention and are typically more general.
- Dependent Claims: These narrow down the scope by adding specific limitations to the independent claims.
To analyze the scope, one would need to review each claim carefully, understanding how they interrelate and the specific elements they cover.
Description and Drawings
The detailed description and drawings of the patent provide a comprehensive understanding of how the invention works and its various components. This section often includes examples, embodiments, and operational details that help in interpreting the claims.
Patent Claims and Scope Measurements
Claim-Level Statistics
The USPTO's Patent Claims Research Dataset can provide insights into claim-level statistics, which might be relevant for understanding the scope and complexity of the '949 patent. This dataset includes detailed information on claims from US patents granted between 1976 and 2014, which could be used to compare and analyze the claims of the '949 patent in a broader context[3].
Patent Scope Measurements
Research by the USPTO's Office of Chief Economist has developed measures of patent scope, which can help in quantifying the breadth and depth of the '949 patent's claims. These measures can provide a more nuanced understanding of the patent's scope and its impact on the innovation landscape[3].
Patent Landscape
Prior Art and Citations
To understand the '949 patent's position within the patent landscape, it is essential to analyze prior art and citations. Tools like the Common Citation Document (CCD) and the Patent Public Search tool can help in identifying prior art cited by various patent offices, providing a global perspective on the invention's novelty and non-obviousness[4].
Patent Family and Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP offices. This can help in understanding the '949 patent's relationship with other patents in the same family and how it fits into the global patent landscape[4].
Examination Data and Office Actions
The Patent Examination Data System (PEDS) provides access to bibliographic data for patent applications, including office actions. Analyzing office actions related to the '949 patent can offer insights into any challenges or objections faced during the patent prosecution process[4].
Patent Term and Extensions
Patent Term Adjustment (PTA) and Extensions
The '949 patent, if it has undergone any delays during prosecution, might have been eligible for Patent Term Adjustment (PTA) under 35 U.S.C. § 154(b). This adjustment extends the patent term to compensate for delays caused by the USPTO. Additionally, if the patent was subject to regulatory review, it might have been eligible for a term extension under 35 U.S.C. § 156[1][5].
Terminal Disclaimers
In cases where obviousness-type double patenting (ODP) issues arise, terminal disclaimers might be used to overcome these objections. This involves disclaiming the term of one patent to avoid extending the term beyond the expiration date of another related patent[1].
Industry Impact and Relevance
Market Dominance and Innovation
The '949 patent's impact on its respective industry can be gauged by its adoption, citations, and any subsequent innovations it has inspired. Patents that significantly contribute to their field often become benchmarks or foundational technologies.
Litigation and Enforcement
Any litigation or enforcement actions related to the '949 patent can indicate its importance and the value placed on it by its owners and competitors. This can also highlight potential risks and challenges associated with the patent.
Key Takeaways
- Detailed Claims Analysis: Understanding the independent and dependent claims is crucial for defining the invention's scope.
- Patent Scope Measurements: Using datasets and research tools to quantify the patent's scope can provide a deeper understanding of its impact.
- Global Patent Landscape: Analyzing prior art, citations, and the patent family helps in positioning the '949 patent within the broader innovation landscape.
- Patent Term Adjustments: Understanding any extensions or adjustments to the patent term is essential for determining its current status and future expiration.
FAQs
Q: What is the significance of the claims section in a patent?
A: The claims section defines the legal boundaries of the invention, specifying what is protected by the patent.
Q: How can one analyze the scope of a patent like the '949 patent?
A: By reviewing the claims, description, and drawings, and using tools like the USPTO's Patent Claims Research Dataset.
Q: What is the purpose of the Global Dossier service?
A: It provides access to the file histories of related applications from participating IP offices, helping users understand the patent family and global landscape.
Q: What is Patent Term Adjustment (PTA), and how does it affect a patent?
A: PTA extends the patent term to compensate for delays caused by the USPTO during prosecution, ensuring the patent holder receives the full term of protection.
Q: Why are terminal disclaimers important in patent law?
A: Terminal disclaimers are used to overcome obviousness-type double patenting issues by disclaiming the term of one patent to avoid extending it beyond the expiration date of another related patent.
Sources
- In re Cellect - United States Court of Appeals for the Federal Circuit[1]
- U.S. Patent Small Claims Court - Administrative Conference of the United States[2]
- Patent Claims Research Dataset - USPTO[3]
- Search for Patents - USPTO[4]
- Certificate Extending Patent Term - USPTO[5]
