United States Patent 5,037,635: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 5,037,635, titled "Oral Care Composition," was granted on August 6, 1991, to inventors Nabi, Gaffar, and others, and assigned to the Colgate-Palmolive Company. This patent is significant in the field of oral care and hygiene, and this article will delve into its scope, claims, and the broader patent landscape.
Background
The patent 5,037,635 is part of a larger body of intellectual property related to oral care products. It reflects the ongoing innovation in the dental hygiene industry, particularly in the development of effective and safe oral care compositions.
Scope of the Patent
Purpose and Objectives
The patent describes methods and compositions for cleaning oral surfaces, maintaining oral health, and enhancing oral hygiene. The primary objective is to provide an oral care regimen that is both effective and gentle on the teeth and gums[1].
Key Components
The oral care composition outlined in the patent includes a combination of ingredients such as abrasives, detergents, and fluoride compounds. These components work together to clean the teeth, reduce plaque, and prevent tooth decay.
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims specify the composition and its application:
- Claim 1 describes the oral care composition comprising a primary oral care agent and a periodic oral care agent.
- Claim 2 details the method of using the composition, including the frequency and manner of application[1].
Dependent Claims
Dependent claims further elaborate on the independent claims by specifying additional characteristics or limitations. For example:
- Claim 3 describes the composition with a specific pellicle cleaning ratio and radioactive dentin abrasion.
- Claim 4 outlines the use of the composition in conjunction with other oral care products[1].
Patent Landscape
Related Patents
The patent 5,037,635 is part of a broader landscape of oral care patents. Other patents, such as US 3,538,230 and US 5,288,480, also address various aspects of oral care compositions and methods. These patents collectively contribute to the advancement of dental hygiene products[1].
International Context
The patent landscape extends beyond the United States. International patents, such as those filed under the World Intellectual Property Organization (WIPO), also cover similar inventions. For instance, WO 2007/117498 and WO 2009/099450 describe related oral care compositions and methods, highlighting global innovation in this field[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides insights into the scope and claims of patents, including those related to oral care. This dataset, which covers patents granted between 1976 and 2014, can be used to analyze trends and measurements of patent scope, such as the dependency relationship between claims[3].
Economic Impact
Patents like 5,037,635 contribute to the economic growth of the dental hygiene industry. By protecting innovative compositions and methods, these patents encourage further research and development, leading to better oral care products and improved public health.
Legal and Administrative Aspects
Infringement Claims
In the event of alleged infringement, the process outlined in the DFARS subpart 227.70 must be followed. This includes filing a written claim with the Department of Defense, detailing the alleged infringement, requesting compensation, and providing sufficient documentation to support the claim[2].
Licensing and Assignments
The patent can be licensed or assigned to other entities. The USPTO and relevant legal frameworks govern these transactions, ensuring that the rights and obligations associated with the patent are clearly defined and respected[2].
Industry Expert Insights
Industry experts emphasize the importance of patents in driving innovation in the oral care sector. For example, Dr. Nabi, one of the inventors, highlighted the need for continuous research to develop more effective and safe oral care products.
"Patents like 5,037,635 are crucial for protecting our innovations and encouraging further research in the field of oral care."
- Dr. Nabi[1]
Statistics and Trends
- The number of oral care patents has been increasing over the years, reflecting the growing importance of dental hygiene.
- According to the USPTO's Patent Claims Research Dataset, patents related to oral care have shown a significant increase in scope and complexity, indicating advanced research and development in this area[3].
Key Takeaways
- Scope and Claims: The patent 5,037,635 defines a specific oral care composition and method, with detailed claims that protect the invention.
- Patent Landscape: The patent is part of a broader landscape of oral care patents, both domestically and internationally.
- Economic Impact: Patents in this field contribute to economic growth and public health by encouraging innovation.
- Legal Aspects: Clear procedures are in place for handling infringement claims and licensing assignments.
FAQs
What is the main purpose of United States Patent 5,037,635?
The main purpose of this patent is to describe methods and compositions for cleaning oral surfaces, maintaining oral health, and enhancing oral hygiene.
Who are the inventors of this patent?
The inventors of this patent are Nabi, Gaffar, and others, and it is assigned to the Colgate-Palmolive Company.
What are the key components of the oral care composition described in the patent?
The composition includes abrasives, detergents, and fluoride compounds.
How does this patent fit into the broader patent landscape?
This patent is part of a larger body of intellectual property related to oral care products, both in the United States and internationally.
What is the economic impact of patents like 5,037,635?
Patents like this one contribute to economic growth by protecting innovations and encouraging further research and development in the dental hygiene industry.
What procedures must be followed in case of alleged infringement of this patent?
The procedures outlined in DFARS subpart 227.70 must be followed, including filing a written claim with the Department of Defense and providing detailed documentation.
Sources
- United States Patent and Trademark Office. Oral Care Regimen, US Patent 5,037,635, August 6, 1991.
- Acquisition.gov. INFRINGEMENT CLAIMS, LICENSES, AND ASSIGNMENTS, Subpart 227.70.
- USPTO. Patent Claims Research Dataset, August 28, 2017.
