Analyzing the Scope and Claims of United States Patent 7,101,960: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the intellectual property landscape. This article will delve into the details of United States Patent 7,101,960, exploring its claims, scope, and the broader patent landscape.
Overview of United States Patent 7,101,960
Patent Title and Abstract
United States Patent 7,101,960, titled "Method for reducing serum cholesterol in a patient in need thereof and alkylated and crosslinked poly(allylamine) polymers useful therein," pertains to a method and materials for reducing serum cholesterol levels. The patent describes the use of specific polymers in therapeutic applications[5].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations. For US Patent 7,101,960, the independent claims outline the method and the specific polymers used, while the dependent claims provide more detailed descriptions of the polymers' structures and the method's steps[5].
Claim Construction
Claim construction is the process of interpreting the meaning of the claims. This is critical for determining the patent's scope and for potential litigation. The claims in US Patent 7,101,960 must be analyzed in the context of the specification and the prosecution history to understand their full extent.
Scope of the Patent
Patent Scope and Coverage
The scope of a patent is defined by its claims. For US Patent 7,101,960, the scope includes the method of reducing serum cholesterol using alkylated and crosslinked poly(allylamine) polymers. This scope is limited to the specific polymers and the method described in the claims, ensuring that the patent does not overly broaden to encompass unrelated inventions[5].
Patent Scope Measurements
The USPTO's Patent Claims Research Dataset provides tools to measure patent scope, including claim-level statistics and document-level statistics. These measurements can help in understanding the breadth and depth of the patent's coverage. For example, the dataset can show the dependency relationship between claims, which is crucial for understanding the hierarchical structure of the patent's scope[3].
Patent Landscape Analysis
Prior Art and Citation Data
To understand the patent landscape surrounding US Patent 7,101,960, it is essential to analyze prior art and citation data. Tools like the Common Citation Document (CCD) and the Patent Public Search tool can provide insights into the prior art cited by various patent offices. This helps in identifying similar inventions and understanding how the current patent fits into the broader landscape[1].
Global Patent Family
Using the Global Dossier service, one can view the patent family for US Patent 7,101,960, including related applications filed at participating IP Offices. This provides a comprehensive view of the patent's global reach and any related office actions or citations[1].
International Patent Search
Searching International Patent Offices
To ensure that the invention is novel and non-obvious globally, it is necessary to search international patent databases. Resources such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and WIPO's PATENTSCOPE provide access to published international patent applications and granted patents. Machine translation services available through these databases can facilitate the search process[1][4].
Tools and Resources for Patent Search
USPTO Public Search Facility
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) offer trained staff and resources to assist in patent searching. These facilities provide access to various formats of patent and trademark information, including online, microfilm, and print[1].
Cooperative Patent Classification (CPC)
The Cooperative Patent Classification (CPC) database is a valuable tool for finding relevant classification schemes. This helps in narrowing down the search to specific areas related to the invention described in US Patent 7,101,960[4].
Best Practices for Conducting a Preliminary Patent Search
Step-by-Step Strategy
Conducting a preliminary patent search involves a multi-step strategy. The USPTO provides a web-based tutorial and handouts outlining this process. Key steps include defining the search scope, using appropriate search tools, and analyzing the results to determine the novelty and non-obviousness of the invention[1].
Training and Resources
Utilizing training materials and FAQs provided by the USPTO can significantly enhance the search process. The CBT tutorial offered by the USPTO's PTRC is particularly useful for learning how to conduct a preliminary U.S. patent search using the new Patent Public Search database[4].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for defining the patent's scope.
- Patent Scope: The scope is limited to the specific method and polymers described in the claims.
- Patent Landscape: Analyzing prior art and citation data helps in understanding the broader patent landscape.
- International Search: Searching international patent databases ensures the invention's novelty and non-obviousness globally.
- Tools and Resources: Utilizing the USPTO Public Search Facility, CPC database, and other resources can streamline the patent search process.
FAQs
Q: How do I determine the scope of a patent?
A: The scope of a patent is determined by its claims. Independent claims define the broadest scope, while dependent claims narrow it down.
Q: What is the Global Dossier service?
A: 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.
Q: How can I search for prior art and citation data?
A: Tools like the Common Citation Document (CCD) and the Patent Public Search tool can provide insights into prior art and citation data.
Q: What resources are available for conducting a preliminary patent search?
A: Resources include the USPTO Public Search Facility, Patent and Trademark Resource Centers (PTRCs), and training materials provided by the USPTO.
Q: Why is it important to search international patent databases?
A: Searching international patent databases ensures that the invention is novel and non-obvious globally, which is essential for securing international patent protection.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
- Unified Patents Portal - US-7101960-B2: https://portal.unifiedpatents.com/patents/patent/US-7101960-B2
