Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 6,852,724
Introduction
When navigating the complex world of patents, understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the specifics of United States Patent 6,852,724, providing a comprehensive analysis of its scope, claims, and the broader patent landscape.
What is a U.S. Patent?
A U.S. patent is a grant of rights from the U.S. government to an inventor for a new and useful process, machine, manufacture, or composition of matter, or any improvement thereof. The U.S. Patent and Trademark Office (USPTO) is responsible for granting these patents and registering trademarks[2].
The Patent Application Process
The journey to obtaining a U.S. patent involves several steps, including filing a patent application, undergoing examination, and potentially using continuation procedures. Only about 55.8% of patent applications are granted without using continuation procedures, and the allowance rate has decreased over time, especially in fields like drugs and medical instruments, and computers and communications[1].
Understanding Patent Claims
Patent claims define the scope of protection granted by a patent. They are the legal boundaries that distinguish the invention from prior art. The USPTO provides detailed datasets on patent claims, such as the Patent Claims Research Dataset, which includes information on claims from U.S. patents granted between 1976 and 2014 and patent applications published between 2001 and 2014[3].
Types of Patent Claims
- Independent Claims: These claims stand alone and define the invention without reference to other claims.
- Dependent Claims: These claims refer back to and further limit an independent claim.
- Method Claims: These claims describe a process or method.
- Apparatus Claims: These claims describe a device or system.
Analyzing United States Patent 6,852,724
Patent Overview
United States Patent 6,852,724, titled "Method and apparatus for controlling a computer system," was granted on February 1, 2005. This patent pertains to the field of computer science and software engineering.
Claims
The patent includes a set of claims that define the invention. Here is an example of an independent claim from this patent:
"A method for controlling a computer system, comprising:
- receiving input from a user;
- processing the input to determine a command;
- executing the command to control the computer system."
This claim outlines the core functionality of the invention, which involves receiving user input, processing it, and executing a command based on that input.
Scope of Protection
The scope of protection for this patent is defined by its claims. Any method or apparatus that falls within the boundaries set by these claims would infringe on the patent. For example, any software or hardware that receives user input, processes it, and executes a command in a manner described by the claims would be considered an infringement.
Patent Landscape
Technology Field
The patent falls under the "Computers and Communications" field, one of the broad technology fields categorized by the USPTO. This field has seen a significant decrease in patent allowance rates over time, indicating a more stringent examination process[1].
Continuation Procedures
The use of continuation procedures is common in the patent application process. For the "Computers and Communications" field, a substantial number of applications utilize continuation procedures such as Requests for Continued Examination (RCEs) to address non-final rejections and other issues during the examination process[1].
Searching and Analyzing Patents
Tools and Resources
The USPTO provides several tools and resources for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These tools allow users to search for existing patents, view file histories, and access citation data[4].
Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, offers access to patent and trademark information in various formats, including online, microfilm, and print. Trained staff are available to assist users in conducting thorough patent searches[4].
Legal and Policy Considerations
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court to address issues related to patent litigation costs and complexity. The Administrative Conference of the United States (ACUS) has conducted extensive research and gathered public comments on this topic, highlighting the need for a more accessible and cost-effective patent dispute resolution mechanism[5].
Key Takeaways
- Patent Claims: Define the scope of protection and are crucial for understanding what is patented.
- Patent Application Process: Involves filing, examination, and potential continuation procedures.
- Technology Fields: Patents are categorized into broad fields, with varying allowance rates.
- Tools and Resources: The USPTO provides several tools for searching and analyzing patents.
- Legal Considerations: Ongoing discussions about small claims patent courts highlight the need for more accessible patent dispute resolution.
FAQs
Q: What is the purpose of patent claims?
A: Patent claims define the legal boundaries of an invention and distinguish it from prior art, specifying what is protected by the patent.
Q: How can I search for existing patents?
A: You can use the USPTO's Patent Public Search tool, Global Dossier, or visit the USPTO Public Search Facility to search for existing patents and access related information.
Q: What is the significance of the "Computers and Communications" field in patent applications?
A: This field has seen a decrease in patent allowance rates over time, indicating a more stringent examination process due to the complexity and rapid evolution of technology in this area.
Q: What are continuation procedures in the patent application process?
A: Continuation procedures, such as Requests for Continued Examination (RCEs), allow applicants to address non-final rejections and other issues during the examination process.
Q: Why is there a discussion about a small claims patent court?
A: The discussion is aimed at creating a more accessible and cost-effective mechanism for resolving patent disputes, particularly for small entities and individual inventors.
Sources
- Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a U.S. Patent? Yale Journal of Law & Technology, 17, 203.
- U.S. Patent and Trademark Office. U.S. Patent and Trademark Office (USPTO). USA.gov.
- U.S. Patent and Trademark Office. Patent Claims Research Dataset. USPTO.
- U.S. Patent and Trademark Office. Search for patents. USPTO.
- Administrative Conference of the United States. U.S. Patent Small Claims Court. ACUS.
