United States Patent 5,550,269: A Detailed Analysis
Overview of the Patent
United States Patent 5,550,269, titled "Method for redistribution of trichlorosilane," was issued on August 27, 1996, to North Dakota State University Research Foundation. This patent is attributed to Philip Boudjouk and falls under the category of organic chemistry (C07)[1].
Background and Context
Trichlorosilane is a chemical compound used in various industrial processes, including the production of silicon and silicon-based materials. The redistribution of trichlorosilane is a critical process that involves the transformation of this compound into other useful silicon-containing materials.
Claims of the Patent
The patent claims a method for the redistribution of trichlorosilane in the presence of a specific catalyst, N,N,N',N'-tetraethylethylenediamine (TEEDA). Here are the key claims:
- Method Claim: The patent describes a method for redistributing trichlorosilane to form a complex comprising silicon-containing compounds. This method involves reacting trichlorosilane with TEEDA under specific conditions[5].
- Catalyst: The use of TEEDA as a catalyst is central to the method. This catalyst facilitates the redistribution reaction, leading to the formation of desired silicon-containing compounds.
- Conditions: The patent specifies the conditions under which the reaction must be carried out, including temperature, pressure, and reaction time.
Scope of the Patent
The scope of the patent is defined by the claims and the detailed description provided in the patent document.
- Chemical Process: The patent covers a specific chemical process involving the redistribution of trichlorosilane. This process is limited to the use of TEEDA as the catalyst and the specific conditions outlined in the patent.
- Applications: The redistributed silicon-containing compounds can be used in various applications, including the production of silicon wafers, silicones, and other silicon-based materials.
- Novelty and Nonobviousness: The patent was granted based on the novelty and nonobviousness of the method. The use of TEEDA as a catalyst and the specific reaction conditions were deemed innovative and not obvious to those skilled in the art at the time of filing[2].
Patent Landscape
The patent landscape surrounding United States Patent 5,550,269 involves several key aspects:
- Related Patents: There are other patents related to the redistribution of trichlorosilane and the use of various catalysts. However, the specific use of TEEDA and the detailed conditions outlined in this patent distinguish it from others in the field[1].
- Competing Technologies: Other methods for redistributing trichlorosilane may exist, but they would need to avoid infringing on the specific claims of this patent. This includes using different catalysts or reaction conditions.
- International Protection: While this patent is specific to the United States, similar patents may have been filed in other countries to protect the invention globally. The absence of a grace period in many foreign countries means that public disclosure before filing could have precluded international patent protection[2].
Economic and Commercial Impact
The economic and commercial impact of this patent can be significant:
- Cost Savings: The method described in the patent could offer cost savings by providing a more efficient or cheaper way to redistribute trichlorosilane compared to existing methods.
- Market Dominance: By securing patent protection, North Dakota State University Research Foundation can prevent others from using this specific method, potentially giving them a competitive edge in the market.
- Licensing and Royalties: The patent holder can license this technology to other companies, generating revenue through royalties. This is particularly relevant if the method becomes widely adopted in industry[2].
Legal and Regulatory Considerations
Several legal and regulatory considerations are important:
- Patent Prosecution: The patent went through the standard patent prosecution process, including examination by a patent examiner. Any challenges or rejections during this process would have been addressed through arguments and amended claims[2].
- Maintenance and Enforcement: To keep the patent in force, the patent holder must pay maintenance fees. Enforcement of the patent involves monitoring for infringement and taking legal action if necessary.
- Expiry and Public Domain: The patent has a limited term, typically 20 years from the filing date. After expiry, the method described in the patent enters the public domain, allowing anyone to use it without infringement concerns[2].
Technical Harmonization and Global Integration
The global patent system is moving towards greater technical harmonization, which can affect patents like 5,550,269:
- Global Dossier: Tools like the Global Dossier facilitate access to related patent applications across different IP offices, making it easier to manage and enforce patents globally[4].
- Common Citation Document: The Common Citation Document (CCD) helps in consolidating prior art citations from multiple offices, streamlining the patent search and examination process[4].
Key Takeaways
- Innovative Method: The patent describes an innovative method for redistributing trichlorosilane using TEEDA as a catalyst.
- Specific Conditions: The method is defined by specific reaction conditions that must be followed.
- Economic Impact: The patent can provide cost savings and market dominance to the holder.
- Legal Considerations: The patent is subject to standard patent prosecution, maintenance, and enforcement processes.
- Global Context: The patent is part of a broader global patent landscape, with tools like the Global Dossier and CCD facilitating international management.
FAQs
Q: What is the main claim of United States Patent 5,550,269?
A: The main claim is a method for redistributing trichlorosilane in the presence of N,N,N',N'-tetraethylethylenediamine (TEEDA) as a catalyst.
Q: What are the potential applications of the redistributed silicon-containing compounds?
A: These compounds can be used in the production of silicon wafers, silicones, and other silicon-based materials.
Q: How long does a U.S. utility patent like 5,550,269 typically last?
A: A U.S. utility patent typically lasts for 20 years from the filing date of the application.
Q: What happens if the patent holder fails to pay maintenance fees?
A: If the patent holder fails to pay maintenance fees, the patent can lapse, and the invention enters the public domain.
Q: Can this patent be enforced globally?
A: While the patent itself is specific to the United States, similar patents may have been filed in other countries to protect the invention globally. Enforcement would depend on the patent laws and regulations of each country.
Cited Sources
- North Dakota State University Patents - TREA
- Intellectual Property Protection - KU Office of Research
- Patent Claims Research Dataset - USPTO
- Search for Patents - USPTO
- Method for Redistribution of Trichlorosilane - MyScienceWork
