Analyzing the Scope and Claims of United States Patent 5,246,418: An In-Depth Look
Introduction
United States Patent 5,246,418, titled "Iontophoresis System Having Features for Reducing Skin Irritation," is a significant patent in the field of medical devices, particularly those related to drug delivery systems. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, issued on September 21, 1993, describes an iontophoresis system designed to deliver drugs through the skin with features aimed at reducing skin irritation. Iontophoresis is a technique that uses a small electric current to drive drugs through the skin, and this patent addresses a critical issue in this field: minimizing the adverse effects on the skin[2].
Patent Scope
Definition of Patent Scope
Patent scope refers to the breadth and depth of protection granted by a patent, typically defined by the claims. The scope is crucial as it determines what is protected and what is not[3].
Metrics for Measuring Patent Scope
Research suggests that patent scope can be measured using simple metrics such as independent claim length and independent claim count. These metrics can provide insights into the breadth and clarity of the patent claims. For instance, narrower claims at publication are often associated with a higher probability of grant and a shorter examination process[3].
Scope of US 5,246,418
The scope of US 5,246,418 is defined by its claims, which include:
- A device attachable to the skin of an animal.
- A drug reservoir and an electrolyte reservoir.
- Features to reduce skin irritation, such as pH buffering agents or other skin-protective agents.
The claims are specific enough to protect the invention but broad enough to cover variations that achieve the same result.
Claims Analysis
Independent Claims
The independent claims of a patent are the most critical as they define the broadest scope of the invention. For US 5,246,418, the independent claims focus on the device's structure and its functional components, such as the drug and electrolyte reservoirs, and the features designed to reduce skin irritation.
Dependent Claims
Dependent claims further specify the invention and provide additional details. These claims often narrow down the scope by adding specific limitations or features. In this patent, dependent claims might include specific types of drugs, electrolytes, or skin-protective agents.
Patent Claims Language
The language used in the claims is crucial for defining the patent's scope. Clear and concise language helps in avoiding ambiguity and ensures that the patent is enforceable. The claims in US 5,246,418 are written to be specific yet broad enough to cover potential variations in the invention.
Patent Examination Process
The examination process plays a significant role in shaping the final scope of the patent. During the examination, the claims may be narrowed or broadened based on prior art and other considerations. Research indicates that the examination process tends to narrow the scope of patent claims, especially in terms of claim length and count[3].
Prior Art and Citation Analysis
Common Citation Document (CCD)
The Common Citation Document (CCD) application can provide insights into prior art cited by various patent offices for the same invention. This tool helps in understanding how different offices view the prior art related to the patent in question. For US 5,246,418, analyzing the CCD could reveal how other patent offices have treated similar inventions[1].
Forward and Backward Citations
Forward citations indicate how often the patent is cited by later patents, while backward citations show the prior art that the patent builds upon. High forward citations can indicate the patent's influence and importance in the field.
Patent Landscape
International Patent Offices
To understand the global impact of US 5,246,418, it is essential to search 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 can reveal if similar patents have been granted in other countries and how they have been treated by different patent offices[1].
Related Patents and Applications
Searching for related patents and applications can provide a comprehensive view of the patent landscape. Tools like the Global Dossier and Patent Public Search can help in identifying patent families and related applications filed at participating IP offices[1].
Impact on the Industry
Innovation and Competition
The issuance of US 5,246,418 likely influenced the development of iontophoresis systems by other companies. Patents like this one can both encourage innovation by protecting inventors' rights and create barriers to entry for competitors.
Licensing and Litigation
The clarity and breadth of the patent claims can affect licensing and litigation. Narrower, clearer claims can reduce the likelihood of disputes and make licensing agreements more straightforward.
Key Takeaways
- Patent Scope: Defined by the claims, with metrics like independent claim length and count providing insights into its breadth.
- Claims Analysis: Independent claims define the broadest scope, while dependent claims add specificity.
- Examination Process: Tends to narrow the scope of patent claims during the examination.
- Prior Art and Citations: Tools like CCD and citation analysis help in understanding the patent's position within the broader patent landscape.
- Global Impact: Searching international databases reveals the patent's global reach and treatment by different patent offices.
- Industry Impact: Influences innovation, competition, licensing, and litigation within the industry.
FAQs
Q: What is the main invention described in US 5,246,418?
A: The main invention is an iontophoresis system designed to deliver drugs through the skin with features to reduce skin irritation.
Q: How can the scope of a patent be measured?
A: The scope can be measured using metrics such as independent claim length and independent claim count.
Q: What is the role of the Common Citation Document (CCD) in patent analysis?
A: The CCD provides a single point access to citation data from multiple patent offices, helping to visualize the prior art cited for a patent family.
Q: How does the patent examination process affect the scope of patent claims?
A: The examination process tends to narrow the scope of patent claims in terms of both claim length and count.
Q: Where can one find related international patents for US 5,246,418?
A: Related international patents can be found by searching databases provided by the EPO, JPO, WIPO, and other international intellectual property offices.
Sources
- USPTO: Search for patents - USPTO. [Online]. Available: https://www.uspto.gov/patents/search
- NCBI: Iontophresis system having features for reducing skin irritation ... [Online]. Available: https://pubchem.ncbi.nlm.nih.gov/patent/US-5246418-A
- SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN. [Online]. Available: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
