Analyzing the Scope and Claims of United States Patent 5,763,493
Introduction
When analyzing a patent, understanding its scope, claims, and the broader patent landscape is crucial for inventors, researchers, and business professionals. This article will delve into the details of United States Patent 5,763,493, exploring its claims, scope, and the context within which it exists.
Patent Overview
United States Patent 5,763,493, though not directly provided in the sources, can be analyzed using general principles and tools available for patent research.
Finding the Patent
To start, one would typically use the USPTO's Patent Public Search tool or visit the USPTO Public Search Facility to locate the patent. This tool replaces legacy search tools like PubEast and PubWest, offering enhanced access to prior art and modern interfaces[1].
Understanding Patent Claims
Patent claims are the heart of any patent, defining the scope of protection. The Patent Claims Research Dataset by the USPTO can provide insights into claim structures and dependencies, although it specifically covers patents granted between 1976 and 2014 and published applications between 2001 and 2014[3].
Claim Analysis
For a detailed analysis of the claims in US Patent 5,763,493:
- Identify Independent and Dependent Claims: Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.
- Claim Language: The language used in the claims is critical. It must be precise and clear to define the invention without being overly broad or narrow.
- Claim Scope: The scope of the claims determines what is protected under the patent. This includes the specific features, processes, or compositions described.
Patent Scope
The scope of a patent is determined by its claims but is also influenced by the description and drawings provided in the patent document.
Description and Drawings
The description section of the patent provides detailed information about the invention, including its background, summary, and detailed description. Drawings and figures help illustrate the invention, making it easier to understand the scope.
Prior Art and Citations
Understanding the prior art cited in the patent is essential. Tools like the Common Citation Document (CCD) consolidate citation data from multiple patent offices, helping to visualize the prior art landscape for a particular invention[1].
Patent Landscape
The patent landscape includes all related patents and applications in the same field or technology area.
Global Dossier
Using the Global Dossier service, one can view the patent family for a specific application, including related applications filed at participating IP Offices. This helps in understanding the global reach and relatedness of the patent[1].
Patent Families
Identifying the patent family of US Patent 5,763,493 involves looking at other patents and applications that are related through common inventors, assignees, or subject matter. This can be done using tools like the Patent Public Search or Global Dossier.
Economic and Strategic Implications
Understanding the economic and strategic implications of a patent involves analyzing its impact on the market and industry.
Patent Claims Research Dataset
The Patent Claims Research Dataset can provide insights into trends and measurements of patent scope, which can be useful in assessing the strategic value of a patent[3].
Industry Expert Insights
Industry experts often provide valuable insights into the market impact of patents. For example, a patent that covers a critical component in a high-demand product can significantly influence market dynamics.
Example Analysis
While the specific details of US Patent 5,763,493 are not provided, here is a hypothetical example based on common practices:
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Claim 1: "A method for treating sleep-related breathing disorders, comprising the administration of O-desmethylvenlafaxine or duloxetine."
- This claim defines a specific method and the active ingredients used, similar to the patent described in the Canadian Patents Database[4].
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Dependent Claim 2: "The method of claim 1, wherein the O-desmethylvenlafaxine or duloxetine is administered orally."
- This claim further limits the method by specifying the mode of administration.
Key Takeaways
- Precise Claim Language: The language used in patent claims is crucial for defining the scope of protection.
- Prior Art Analysis: Understanding the prior art cited in the patent helps in assessing its novelty and non-obviousness.
- Global Perspective: Using tools like Global Dossier and Common Citation Document provides a comprehensive view of the patent's global reach.
- Economic Impact: Analyzing the patent's claims and scope can help in understanding its market and strategic implications.
FAQs
Q1: How do I find a specific patent on the USPTO website?
A1: You can use the USPTO's Patent Public Search tool to find existing patents and published patent applications. This tool offers enhanced access to prior art and modern interfaces[1].
Q2: What are the key components of a patent claim?
A2: Key components include independent and dependent claims, precise language, and clear definitions of the invention's features, processes, or compositions.
Q3: How do I analyze the scope of a patent?
A3: Analyze the claims, description, and drawings provided in the patent document. Also, consider prior art and citations to understand the broader context.
Q4: What is the Global Dossier service?
A4: The Global Dossier service provides access to the file histories of related applications from participating IP Offices, allowing users to view the patent family and related data[1].
Q5: Why is understanding the patent landscape important?
A5: Understanding the patent landscape helps in identifying related patents and applications, assessing market impact, and making strategic decisions.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- US Patent 6,333,332 B1: https://patentimages.storage.googleapis.com/78/af/b9/fae8d6a3b4d954/US6333332.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Canadian Patents Database - Patent 2683697: https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2683697/summary.html?wbdisable=true
- Google Patents - WO2004047809A1: https://patents.google.com/patent/WO2004047809A1/en
