Analyzing the Scope and Claims of United States Patent 4,778,676
Introduction to Patent 4,778,676
United States Patent 4,778,676, titled "Confectionery delivery system for actives," was granted to inventors who developed a novel system for delivering active ingredients such as fiber and drugs through confectionery products. This patent is a significant example of innovation in the field of pharmaceutical and food technology.
Background of the Patent
The patent was filed to address the need for a more palatable and convenient delivery system for various active ingredients. Traditional methods often involved unpleasant tastes or textures, which could deter consumers from adhering to their prescribed regimens. The inventors aimed to create a confectionery system that would make the consumption of these actives more enjoyable and effective.
Scope of the Patent
Claim Structure
The scope of a patent is largely defined by its claims. For Patent 4,778,676, the claims outline the specific components and processes that are protected under the patent. Here, the claims include:
- Independent Claims: These define the broadest scope of the invention. For example, the patent might claim a confectionery delivery system comprising a specific type of active ingredient, a carrier material, and a method of preparation.
- Dependent Claims: These narrow down the scope by adding additional features or limitations to the independent claims. For instance, a dependent claim might specify the type of confectionery product (e.g., candy, gum) or the method of incorporating the active ingredient[2].
Claim Language and Metrics
Research on patent scope often uses metrics such as independent claim length and independent claim count to measure the breadth of a patent. A patent with shorter independent claims and fewer claims overall might be considered narrower in scope, which can be associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis of Patent 4,778,676
Independent Claims
The independent claims of Patent 4,778,676 focus on the core components of the confectionery delivery system:
- Active Ingredients: The patent specifies the use of active ingredients such as fiber and drugs.
- Carrier Material: The claims detail the type of carrier material used to deliver these actives.
- Method of Preparation: The method of preparing the confectionery product is also outlined.
Dependent Claims
Dependent claims in this patent might include specifics such as:
- Types of Confectionery Products: Claims could specify different types of confectionery products like candies, gums, or chocolates.
- Dosage Forms: Dependent claims might detail the dosage forms of the active ingredients and how they are incorporated into the confectionery product.
- Manufacturing Processes: Additional claims could describe specific manufacturing processes or techniques used to ensure the stability and efficacy of the active ingredients.
Patent Landscape
Prior Art and Related Patents
To understand the patent landscape surrounding Patent 4,778,676, it is essential to conduct a thorough search of prior art and related patents. Tools like the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) can be used to identify similar inventions and understand how this patent fits into the broader context of confectionery delivery systems[1].
International Patent Offices
Since patent protection is often sought in multiple jurisdictions, searching international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) can reveal whether similar patents have been granted or applied for in other countries[1].
Impact on the Industry
Innovation and Market Dominance
Patent 4,778,676 represents a significant innovation in the delivery of active ingredients, potentially transforming the pharmaceutical and food industries. By making the consumption of these actives more palatable, the patent holders could gain a competitive edge in the market.
Licensing and Litigation
The breadth and clarity of the patent claims can influence licensing and litigation activities. Narrower, clearer claims are generally more defensible and less likely to be challenged, which can reduce licensing and litigation costs[3].
Geographical and Technological Trends
Geographical Distribution
Analyzing the geographical distribution of similar patents can provide insights into regional innovation trends. For example, data from the National Center for Science and Engineering Statistics (NCSES) shows that patent activity can be concentrated in certain regions or countries, reflecting local innovation hubs[4].
Technological Categories
The technological categories associated with this patent, such as pharmaceuticals and food technology, can be analyzed using the International Patent Classification (IPC) system. This helps in understanding the broader technological trends and how this patent fits into the global patent landscape[4].
Key Takeaways
- Patent Claims: The scope of Patent 4,778,676 is defined by its independent and dependent claims, which specify the components and processes of the confectionery delivery system.
- Patent Landscape: Conducting thorough searches using tools like the USPTO's Patent Public Search and international patent databases is crucial for understanding the broader patent landscape.
- Industry Impact: The patent has the potential to transform the delivery of active ingredients, offering a competitive advantage in the market.
- Geographical and Technological Trends: Analyzing geographical distribution and technological categories helps in understanding regional innovation trends and global patenting activities.
FAQs
Q: What is the main innovation of United States Patent 4,778,676?
A: The main innovation is a novel confectionery delivery system for active ingredients such as fiber and drugs, making their consumption more palatable and convenient.
Q: How are the claims structured in this patent?
A: The claims include independent claims defining the broadest scope of the invention and dependent claims that narrow down the scope by adding additional features or limitations.
Q: What tools can be used to search for prior art and related patents?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) can be used to search for prior art and related patents.
Q: How does the patent's scope affect its defensibility?
A: Narrower, clearer claims are generally more defensible and less likely to be challenged, reducing licensing and litigation costs.
Q: What is the significance of geographical distribution in patent analysis?
A: Analyzing geographical distribution helps in understanding regional innovation trends and identifying local innovation hubs.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Justia - US Patent for Confectionery delivery system for actives: https://patents.justia.com/patent/4778676
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- NCSES - Invention, Knowledge Transfer, and Innovation: https://ncses.nsf.gov/pubs/nsb20241/technical-appendix
