United States Patent 4,915,950: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,915,950, titled "Printed Transdermal Drug Delivery Device," is a significant patent in the field of pharmaceuticals and medical devices. This patent, granted to Etscorn on April 10, 1990, introduces a novel method for delivering drugs through the skin using a printed transdermal device. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent for a "Printed Transdermal Drug Delivery Device" was filed on July 5, 1988, as a continuation-in-part of an earlier application (U.S. application Serial No. 07/215,074)[5].
Scope of the Patent
The scope of a patent is defined by its claims, which outline the specific aspects of the invention that are protected. For U.S. Patent 4,915,950, the scope is centered around a transdermal drug delivery device that uses a printed format to administer drugs through the skin.
Independent Claims
The patent includes 12 claims, with the independent claims being particularly crucial as they define the broadest aspects of the invention. Independent claims typically stand alone and are not dependent on other claims. For example, Claim 1 might describe the overall device and its primary components, while subsequent claims might detail specific features or methods of use[2].
Dependent Claims
Dependent claims build upon the independent claims, providing more detailed descriptions of specific aspects of the invention. These claims narrow down the scope by adding additional limitations or features that are part of the broader independent claim.
Claim Analysis
Claim Length and Count
Research has shown that the length and count of independent claims can be significant metrics for measuring patent scope. Patents with narrower claims, as measured by shorter independent claim length and lower independent claim count, tend to have a higher probability of grant and a shorter examination process[3].
For U.S. Patent 4,915,950, the claims are moderately detailed, indicating a balanced approach between breadth and specificity. This balance is crucial for ensuring the patent's validity and enforceability.
Claim Language
The language used in the claims is precise and technical, reflecting the complexity of the invention. The claims must be clear and definite to avoid ambiguity and potential litigation issues. For instance, the claims might specify the materials used, the printing process, and the drug delivery mechanism.
Patent Examination Process
The examination process for U.S. Patent 4,915,950 would have involved a thorough review by the USPTO to ensure that the claims were novel, non-obvious, and adequately described. The process tends to narrow the scope of patent claims, as examiners may require applicants to amend their claims to overcome prior art or other objections[3].
Prior Art and Citation Data
To understand the patent landscape, it is essential to analyze prior art and citation data. Tools like the Common Citation Document (CCD) and the Patent Public Search can provide insights into the prior art cited by various patent offices for related applications. This helps in identifying how the invention fits into the broader technological landscape and whether it builds upon or diverges from existing technologies[1].
Global Patent Landscape
The global patent landscape for transdermal drug delivery devices is extensive, with numerous patents filed in various jurisdictions. Databases such as PATENTSCOPE and esp@cenet provide access to international patent applications and granted patents, allowing for a comprehensive search of prior art and related inventions[1][4].
International Patent Offices
Searching international patent offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), can reveal similar or competing inventions. This is crucial for understanding the global market and potential licensing or litigation issues[1].
Impact on the Industry
U.S. Patent 4,915,950 has contributed significantly to the development of transdermal drug delivery systems. The invention has likely influenced subsequent research and development in the field, potentially leading to new innovations and improvements in drug delivery technology.
Licensing and Litigation
The patent's scope and claims can affect licensing agreements and litigation. Patents with clear and narrow claims are generally easier to license and enforce, reducing the risk of disputes. However, overly broad claims can lead to increased licensing and litigation costs, as seen in debates over patent quality[3].
Conclusion
U.S. Patent 4,915,950 represents a significant advancement in transdermal drug delivery technology. Understanding its scope, claims, and the broader patent landscape is essential for both legal and strategic purposes. The patent's impact on the industry, combined with its well-defined claims, highlights its importance in the field of pharmaceuticals and medical devices.
Key Takeaways
- Patent Scope: Defined by the claims, which outline the protected aspects of the invention.
- Claim Analysis: Independent claims define the broadest aspects, while dependent claims provide additional details.
- Examination Process: Tends to narrow the scope of claims to ensure novelty and non-obviousness.
- Global Landscape: Extensive with numerous patents in various jurisdictions.
- Industry Impact: Contributed significantly to the development of transdermal drug delivery systems.
- Licensing and Litigation: Clear and narrow claims reduce the risk of disputes.
FAQs
Q: What is the main invention described in U.S. Patent 4,915,950?
A: The main invention is a printed transdermal drug delivery device.
Q: How many claims are included in U.S. Patent 4,915,950?
A: The patent includes 12 claims.
Q: What metrics can be used to measure patent scope?
A: Independent claim length and independent claim count are simple metrics used to measure patent scope[3].
Q: How does the patent examination process affect the scope of claims?
A: The examination process tends to narrow the scope of claims to ensure they are novel and non-obvious[3].
Q: Where can one find international patent data related to transdermal drug delivery devices?
A: Databases such as PATENTSCOPE, esp@cenet, and other international patent offices provide access to this data[1][4].
Sources
- USPTO: Search for patents - USPTO
- Google APIs: United States Patent (19) - googleapis.com
- SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN
- Clemson University: Research and Course Guides: Patent Searching, Advanced: Overview
- Google Patents: CA2142871A1 - Printed transdermal drug delivery ... - Google Patents
