Understanding the Scope and Claims of United States Patent 5,721,275
Introduction
United States Patent 5,721,275, titled "Slow Release Vehicles for Minimizing Skin Irritancy of Topical Compositions," is a utility patent that addresses a specific innovation in the field of pharmaceutical and cosmetic formulations. To analyze this patent, we need to delve into its various components, including the bibliographic data, drawings, specification, and claims.
Bibliographic Data
The front page of the patent document contains crucial bibliographic data identified by INID codes. Here are some key points:
- Document Number: The prefix "US" indicates it is a U.S. patent, and the number "5,721,275" is the unique identifier[1].
- Document Type: This is a utility patent, as indicated by the code "12"[1].
- Application Number: This code ("21") provides the application number submitted by the inventors[1].
- Date of Application: The date when the application was filed, which is essential for determining the priority date[1].
- Date of Patent: The date when the patent was granted, marking the beginning of the patent term[1].
- IPC Classification: The International Patent Classification (IPC) code helps in categorizing the invention globally[1].
- National Classification: The U.S. classification code, which in this case might be related to pharmaceutical or cosmetic formulations[1].
- Title of the Invention: A brief title that summarizes the invention, limited to 500 characters or less[1].
- References: Prior art cited by the inventors and the patent examiner, which includes other patents and publications relevant to the invention[1].
Drawings
The drawings section is crucial for visualizing the technical details of the invention. Here are some points to consider:
- Technical Details: The drawings must conform to drafting guidelines set by the patent office and provide enough detail for the reader to understand the invention’s design and use[1].
- Photographs: While generally not allowed, photographs can be used if the invention cannot be illustrated by black and white drawings or if they provide clearer illustrations[1].
- Representative Drawing: One representative drawing is selected to appear on the front page of the patent[1].
Specification
The specification is a detailed written description of the invention, including:
- Related Prior Art: A discussion of previously issued patents and other publications relevant to the invention[1].
- Description of Drawings: An explanation of the drawings and how they relate to the invention[1].
- Technical Problem: How the invention solves a specific technical problem[1].
- Preferred Embodiment: The most preferred way of practicing the invention[1].
Claims
The claims section defines the scope of protection for the patent. Here are some key aspects:
- Number of Claims: Patents must have at least one claim, but most have several, and some have hundreds[1].
- Claim Language: The claims must be clear and define the legal boundaries of the invention. For example, the first claim might describe the core components and their functions[1].
- Independent and Dependent Claims: Independent claims stand alone, while dependent claims refer back to and further limit the independent claims[3].
Analysis of Patent 5,721,275
Title and Abstract
The title "Slow Release Vehicles for Minimizing Skin Irritancy of Topical Compositions" indicates that the patent deals with formulations designed to reduce skin irritation. The abstract provides a brief, non-technical description of the invention, highlighting its purpose and key features[1].
Specification
The specification would include a detailed description of how the slow release vehicles are formulated, the materials used, and how they minimize skin irritancy. It would also discuss the prior art in the field and explain how this invention improves upon existing solutions[1].
Claims
The claims in this patent would define what constitutes the slow release vehicles, including the specific components, their arrangement, and their function in minimizing skin irritancy. For example:
1. A slow release vehicle for topical compositions, comprising:
a carrier matrix;
an active ingredient dispersed within the carrier matrix;
and a release modifier that controls the rate of release of the active ingredient.
This claim would be followed by dependent claims that further specify the types of carrier matrices, active ingredients, and release modifiers used.
Patent Landscape
Prior Art and References
The references cited in the patent document would include other patents and publications that are relevant to the field of topical compositions and slow release formulations. These references help in understanding the state of the art at the time of the invention and how this patent contributes to it[1].
International Classification
The IPC classification code for this patent would help in identifying similar patents globally. This is crucial for understanding the broader patent landscape and potential competitors or collaborators[1].
Search Tools
To analyze the patent landscape further, one can use various search tools provided by the USPTO, such as the Patent Public Search tool, Global Dossier, and the Common Citation Document (CCD) application. These tools help in identifying related applications, prior art, and the citation data for the patent family[4].
Metrics for Measuring Patent Scope
Independent Claim Length and Count
Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Key Takeaways
- Detailed Description: The patent provides a detailed description of the slow release vehicles, including their components and how they minimize skin irritancy.
- Claims: The claims define the legal boundaries of the invention, specifying what constitutes the slow release vehicles.
- Patent Landscape: Understanding the prior art, international classification, and using search tools helps in analyzing the broader patent landscape.
- Metrics: Metrics such as independent claim length and count can help in evaluating the scope and quality of the patent.
FAQs
Q: What is the purpose of the drawings in a patent document?
A: The drawings illustrate the technical details of the invention, providing enough detail for the reader to understand the invention’s design and use.
Q: How many claims must a patent have?
A: A patent must have at least one claim, but most patents have several claims.
Q: What is the significance of the IPC classification code?
A: The IPC classification code helps in categorizing the invention globally, making it easier to identify similar patents.
Q: What tools can be used to analyze the patent landscape?
A: Tools such as the Patent Public Search, Global Dossier, and Common Citation Document (CCD) application can be used to analyze the patent landscape.
Q: How can the scope of a patent be measured?
A: Metrics such as independent claim length and count can be used to measure the scope of a patent.
Sources
- Guides.library.queensu.ca: How to Read a U.S. Patent - Patents and Designs - Research Guides.
- Pubchem.ncbi.nlm.nih.gov: Ketorolac tromethamine compositions for treating or preventing ocular pain.
- Papers.ssrn.com: Patent Claims and Patent Scope - Search eLibrary :: SSRN.
- USPTO.gov: Search for patents - USPTO.
- Unifiedpatents.com: US-20120041029-A1 - Unified Patents Portal.
