United States Patent 8,298,568: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,298,568, titled "Oil-in-water type emulsion with low concentration of cationic agent and positive zeta potential," is a significant patent in the field of emulsion technology. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Grant Details
The patent was granted on October 30, 2012, with the publication number US8298568B2. It was filed on December 14, 2004, under the application number US10/991,346[2].
Inventors and Assignees
While the specific inventors and assignees are not detailed in the provided sources, this information can typically be found in the patent document itself.
Scope of the Invention
Technical Description
The patent describes an oil-in-water type emulsion characterized by a low concentration of cationic agents and a positive zeta potential. This emulsion is designed to improve stability and performance in various applications, such as pharmaceuticals, cosmetics, and food products. The emulsion comprises an oily phase, water, and a cationic surfactant, with the zeta potential being a critical factor in its stability[2].
Key Components
- Cationic Agent: The emulsion uses a cationic agent in a low concentration, which is crucial for maintaining the positive zeta potential.
- Zeta Potential: The positive zeta potential ensures the stability of the emulsion by preventing the oil droplets from coalescing.
- Surfactants: Nonionic surfactants, such as poloxamers and tyloxapol, are used to enhance the stability and performance of the emulsion[2].
Claims
Independent and Dependent Claims
The patent includes several claims that define the scope of the invention. These claims can be categorized into independent and dependent claims.
- Independent Claims: These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe the basic composition of the emulsion, including the oily phase, water, and cationic agent.
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. For instance, a dependent claim might specify the concentration range of the cationic agent or the type of nonionic surfactant used[2].
Claim Analysis
To understand the full scope of the patent, it is essential to analyze each claim carefully. This involves identifying the key elements, such as the components, their concentrations, and the specific properties like zeta potential.
Patent Landscape
Prior Art and Related Patents
The patent landscape includes prior art and related patents that have influenced or are similar to the invention. For example:
- U.S. Pat. No. 5,371,108 describes a jellified oil-in-water emulsion, which shares some similarities with the current invention.
- U.S. Pat. No. 6,541,018 claims a nanoemulsion, another type of emulsion technology that could be relevant[2].
Global Dossier and International Patent Offices
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the global patent landscape for similar inventions[1].
Search Tools and Resources
Several tools and resources are available for searching and analyzing patents, including the USPTO's Patent Public Search, the European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE. These tools enable comprehensive searches across various patent databases worldwide[1][4].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications. This dataset can be used to analyze trends and measurements of patent scope, including those related to emulsion technology[3].
Industry Impact
The invention described in US8298568B2 has potential applications in various industries, including pharmaceuticals, cosmetics, and food. The stability and performance enhancements provided by this emulsion can lead to improved product quality and market competitiveness.
Legal Status and Expiration
Current Status
The legal status of the patent is listed as active, but it is important to note that this status is an assumption and not a legal conclusion. The patent's expiration date can be determined based on the grant date and the standard patent term of 20 years from the filing date[2].
Practical Applications
Industrial Use
The oil-in-water emulsion with a low concentration of cationic agent and positive zeta potential can be used in various industrial applications. For example, in the pharmaceutical industry, it can be used to formulate stable and effective drug delivery systems. In cosmetics, it can enhance the stability and shelf life of products like creams and lotions.
Research and Development
This patent can serve as a foundation for further research and development in emulsion technology. Scientists and engineers can build upon this invention to create new formulations with improved properties.
Key Takeaways
- Patent Scope: The patent covers an oil-in-water emulsion with specific characteristics, including a low concentration of cationic agents and a positive zeta potential.
- Claims Analysis: Understanding the independent and dependent claims is crucial for determining the full scope of the invention.
- Patent Landscape: The invention is part of a broader landscape that includes prior art and related patents, as well as global patent filings.
- Practical Applications: The emulsion has significant potential in various industries, including pharmaceuticals, cosmetics, and food products.
- Legal Status: The patent is currently active but will expire based on the standard patent term.
FAQs
What is the main innovation of US8298568B2?
The main innovation is the development of an oil-in-water emulsion with a low concentration of cationic agents and a positive zeta potential, enhancing stability and performance.
How can I search for similar patents?
You can use tools like the USPTO's Patent Public Search, the European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE to search for similar patents globally[1][4].
What are the potential applications of this emulsion?
The emulsion has potential applications in pharmaceuticals, cosmetics, and food products, where stability and performance are critical.
How long is the patent term for US8298568B2?
The patent term is 20 years from the filing date of the application, which was December 14, 2004[2].
Where can I find more detailed information on the claims of this patent?
Detailed information on the claims can be found in the patent document itself, which is available through the USPTO's Patent Public Search or other patent search databases[1][2].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US8298568B2: https://patents.google.com/patent/US8298568B2/en
- 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