Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 7,717,889
Introduction
United States Patent 7,717,889, titled "Method and System for Dynamic Resource Allocation," was granted on May 18, 2010, to inventors Keaty, Jr. and others. This patent is a utility patent that falls under the broader category of computer and communications technology. Here, we will delve into the details of the patent's scope, claims, and the surrounding patent landscape.
Patent Overview
Patent Number and Date
- The patent number is US 7,717,889 B2, and it was granted on May 18, 2010[5].
Inventors and Assignees
- The inventors listed are Keaty, Jr. and others, though the specific names are not provided in the summary. The assignee of the patent is not explicitly mentioned in the available summary, but it is typically the company or organization that employed the inventors or to which the inventors assigned the rights.
Scope of the Patent
Technology Field
- The patent is classified under the technology field of Computers and Communications, which is one of the broad technology fields used by the USPTO for categorization[1].
Description
- The patent describes a method and system for dynamic resource allocation. This involves managing and allocating resources in a dynamic environment, which could be applicable in various computing and networking contexts. The detailed description includes how the system operates, the components involved, and the processes for resource allocation.
Claims
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 example, Claim 1 might describe the overall method of dynamic resource allocation, while Claim 2 might specify a particular step or component within that method[3].
Claim Length and Count
- Research has shown that the length and count of independent claims can significantly impact the patent's scope and the likelihood of its approval. Patents with narrower claims, as measured by claim length and count, tend to have a higher probability of grant and a shorter examination process[3].
Patent Claims Analysis
Claim Construction
- The claims in the patent are constructed to define the invention clearly and precisely. Each claim must be supported by the description in the specification to ensure that the invention is fully disclosed. The construction of claims is crucial as it determines the scope of protection granted by the patent.
Claim Scope and Examination Process
- The examination process at the USPTO often results in the narrowing of claim scope. This is because examiners may challenge the breadth of claims, leading to amendments that reduce the scope to ensure the patent is granted. Studies have shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Related Patents and Prior Art
- To understand the patent landscape, it is essential to identify related patents and prior art. Tools like the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to find prior art and related applications. These tools help in visualizing the patent family and understanding how the current patent fits into the broader technological context[4].
Forward and Backward Citations
- Forward citations (citations received by the patent) and backward citations (citations given by the patent) provide insights into the patent's impact and its place within the technological field. A higher number of forward citations often indicates that the patent is influential and widely referenced[3].
Continuation and Family Allowance Rates
- The patent may be part of a larger family of applications, including continuation applications. The family allowance rate, which includes the outcomes of continuation applications, provides a comprehensive view of the patent's success. For utility patents, about 31% of progenitor applications utilize at least one continuation procedure, which can affect the overall allowance rate[1].
Practical Implications
Innovation and Licensing
- The scope and claims of the patent can significantly impact innovation and licensing. Patents with overly broad claims may lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. Conversely, patents with well-defined and narrow claims can facilitate clearer boundaries and reduce legal disputes[3].
Key Takeaways
- Patent Scope: The scope of the patent is defined by its claims, with narrower claims generally associated with a higher probability of grant and shorter examination process.
- Claims Construction: Claims must be supported by the specification and are often narrowed during the examination process.
- Patent Landscape: Understanding related patents and prior art is crucial for positioning the patent within the technological field.
- Continuation Applications: The patent may be part of a larger family of applications, affecting its overall allowance rate.
- Innovation and Licensing: Well-defined claims can facilitate innovation and reduce legal disputes.
FAQs
-
What is the significance of claim length and count in patent scope?
- Claim length and count are metrics that can measure patent scope. Narrower claims, as indicated by shorter claim length and lower claim count, are associated with a higher probability of grant and a shorter examination process[3].
-
How does the USPTO's examination process affect patent claims?
- The examination process often results in the narrowing of claim scope. Examiners may challenge the breadth of claims, leading to amendments that reduce the scope to ensure the patent is granted[3].
-
What tools can be used to search for related patents and prior art?
- Tools such as the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to find prior art and related applications[4].
-
Why is understanding the patent family important?
- Understanding the patent family, including continuation applications, provides a comprehensive view of the patent's success and its place within the technological field[1].
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How do broad patent claims impact innovation?
- Broad patent claims can lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. Well-defined and narrow claims can facilitate clearer boundaries and reduce legal disputes[3].
Sources
- Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. The Yale Journal of Law & Technology.
- United States Design Patent (2021). TRAY ASSEMBLY. US D909,890 S.
- Hoover Institution (2016). Patent Claims and Patent Scope. Hoover Institution.
- USPTO. (n.d.). Search for patents. USPTO.
- Keaty, Jr. et al. (2010). Method and System for Dynamic Resource Allocation. US 7,717,889 B2.
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