United States Patent 7,316,810: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,316,810, titled "Foaming composition for washing and treating hair and/or scalp," is a patent that has significant implications in the field of cosmetics and personal care. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent in question is US7316810B1, issued by the United States Patent and Trademark Office (USPTO)[5].
Invention Description
The patent describes a foaming composition designed for washing and treating hair and/or scalp. This composition is characterized by its aqueous medium containing specific active principles. The invention aims to provide a formulation that is effective in cleaning and treating hair and scalp conditions.
Prior Art and Classification
The patent is classified under various categories within the International Patent Classification (IPC) system:
- A61Q5/00: Preparations for care of the hair
- A61Q5/02: Preparations for cleaning the hair
- A61K31/00: Medicinal preparations containing organic active ingredients
- A61K8/92: Oils, fats or waxes; Derivatives thereof
- A61P17/00: Drugs for dermatological disorders[5].
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. These claims are crucial as they determine the boundaries of what is protected under the patent. Here are some key claims:
- Independent Claims: These claims stand alone and define the core aspects of the invention. For example, Claim 1 might describe the foaming composition in its broadest form, including the essential components and their proportions.
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. For instance, a dependent claim might specify a particular type of active principle or a range of concentrations for the components[5].
Claim Analysis
To understand the scope, it is essential to analyze each claim carefully. Here’s a breakdown:
- Claim 1: This typically outlines the broadest definition of the invention, including the foaming composition, its components, and their functions.
- Subsequent Claims: These may narrow down the scope by specifying particular ingredients, their concentrations, or the method of preparation.
Patent Landscape
Related Patents and Prior Art
The patent landscape includes other patents and prior art that relate to foaming compositions for hair and scalp care. Tools like the USPTO's Patent Public Search or international databases such as the European Patent Office's esp@cenet can be used to identify similar patents and understand the competitive environment[1][4].
Global Dossier and International Patent Offices
Using the Global Dossier service, one can access the file histories of related applications from participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA). This helps in identifying patent families and understanding how similar inventions are treated globally[1].
Common Citation Document (CCD)
The CCD application consolidates prior art citations from multiple offices, providing a comprehensive view of the prior art landscape for the same invention. This is particularly useful for understanding how different patent offices have treated similar claims and prior art[1].
Search and Analysis Tools
USPTO Resources
- Patent Public Search: This tool provides enhanced access to prior art and is essential for conducting thorough patent searches.
- Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques, which can be invaluable for detailed analysis[1].
International Databases
- European Patent Office (EPO): The esp@cenet database provides access to Europe's patent collections and machine translations for some languages.
- World Intellectual Property Organization (WIPO): The PATENTSCOPE® Search Service offers full-text search of published international patent applications and machine translations for some documents[1].
Economic and Statistical Analysis
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can provide insights into the trends and scope of patent claims over time. This dataset includes detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. It can help in understanding the broader context of patent claims in the field of cosmetics and personal care[3].
Legal Status and Expiration
As of the current date, the legal status of US7316810B1 is listed as "Expired - Fee Related." This indicates that the patent has expired due to non-payment of maintenance fees, and it is no longer enforceable[5].
Key Takeaways
- Patent Scope: The patent protects a specific foaming composition for hair and scalp care, defined by its claims.
- Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of protection.
- Patent Landscape: The landscape includes related patents and prior art, which can be analyzed using various search tools and databases.
- Legal Status: The patent has expired due to non-payment of maintenance fees.
FAQs
Q: How can I search for patents related to hair and scalp care?
A: You can use the USPTO's Patent Public Search tool or international databases like the EPO's esp@cenet and WIPO's PATENTSCOPE® Search Service to find related patents.
Q: What is the significance of the Global Dossier service?
A: The Global Dossier service allows users to access the file histories of related applications from participating IP Offices, providing a comprehensive view of the patent family.
Q: How do I analyze the claims of a patent?
A: Analyze each claim carefully, distinguishing between independent and dependent claims to understand the scope of protection.
Q: What is the current legal status of US7316810B1?
A: The patent has expired due to non-payment of maintenance fees.
Q: Where can I find detailed information on patent claims and their trends?
A: The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, along with statistical analysis.
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
- Duke University Libraries - Finding Patents Online: https://guides.library.duke.edu/c.php?g=289276&p=1929213
- Google Patents - Foaming composition for washing and treating hair and/or scalp: https://patents.google.com/patent/US7316810B1/en
