Understanding the Scope and Claims of United States Patent 8,586,633
Introduction
United States Patent 8,586,633, titled "Ophthalmologic irrigation solutions and method," is a patent that addresses specific solutions and methods for ophthalmologic procedures. To delve into the details of this patent, it is crucial to analyze its scope, claims, and the broader patent landscape.
Patent Overview
The patent, filed as US13/420,456, was granted on November 19, 2013. It pertains to ophthalmologic irrigation solutions designed for perioperative intraocular application during continuous irrigation in ophthalmologic procedures[4].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the invention broadly and are not dependent on other claims. Dependent claims, on the other hand, build upon the independent claims and provide additional details or limitations.
- Independent Claims: These claims outline the core invention, such as the composition of the ophthalmologic irrigation solutions and the method of their application.
- Dependent Claims: These claims specify additional features or variations of the independent claims, such as specific concentrations of agents or particular methods of preparation.
Claim Language and Scope
The scope of a patent is often determined by the language used in its claims. Narrower claims typically have a higher probability of grant and a shorter examination process compared to broader claims. The examination process often narrows the scope of patent claims to ensure clarity and validity[3].
In the case of US 8,586,633, the claims are structured to clearly define the invention and its boundaries. For example, the claims might specify the exact composition of the irrigation solution, the method of its application, and any specific conditions under which it is used.
Patent Scope
Metrics for Measuring Scope
Patent scope can be measured using metrics such as independent claim length and independent claim count. These metrics help in understanding the breadth and clarity of the patent claims. Generally, narrower claims (shorter length and fewer in number) are associated with higher clarity and validity[3].
For US 8,586,633, the scope is defined by the specific claims related to the ophthalmologic irrigation solutions. The patent's scope is limited to the particular compositions and methods described, ensuring that it does not overly broaden and potentially encroach on other inventions.
Prior Art and Citation Data
Common Citation Document (CCD)
The Common Citation Document (CCD) consolidates prior art cited by all participating IP offices for the family members of a patent application. This helps in visualizing the search results for the same invention produced by several offices on a single page. For US 8,586,633, any prior art cited would be reflected in the CCD, ensuring that the patent does not infringe on existing inventions[1].
Prior Art Keywords
The prior art keywords associated with this patent include terms like "agents," "solution," "concentration," and "receptor." These keywords indicate the areas where prior art was considered during the examination process, ensuring that the patent is novel and non-obvious[4].
Legal Status and Expiration
Current Status
As of the current date, the legal status of US 8,586,633 is listed as "Expired - Lifetime." This means that the patent has completed its term and is no longer in force. The expiration of a patent allows the public to use the invention without needing permission from the patent holder[4].
Patent Landscape
Global Dossier and Public Search Facilities
The patent landscape for US 8,586,633 can be explored using tools like the Global Dossier and the USPTO Public Search Facility. The Global Dossier provides access to the file histories of related applications from participating IP offices, allowing users to see the patent family and related applications. The Public Search Facility offers access to patent and trademark information in various formats, including online, microfilm, and print[1].
Patent and Trademark Resource Centers (PTRCs)
For further research, Patent and Trademark Resource Centers (PTRCs) can provide local search resources and training in patent search techniques. These centers are invaluable for understanding the broader patent landscape and identifying potential overlaps or gaps[1].
Litigation and Enforcement
Patent Infringement and Validity
While US 8,586,633 is no longer in force, understanding the principles of patent infringement and validity is crucial. Patent claims must be clear and distinct to be valid. If claims are indefinite, they can be invalidated. This is evident in cases like Maxell, Ltd. v. Amperex Technology Limited, where the validity of patent claims was challenged based on their clarity and distinctness[2].
Small Claims Patent Court
Feasibility and Structure
The concept of a small claims patent court has been explored to address issues related to patent litigation costs. A study by the Administrative Conference of the United States (ACUS) examined the feasibility and potential structure of such a court. This could impact how future patents, including those in the ophthalmologic field, are litigated and enforced[5].
Key Takeaways
- Patent Claims: The claims of US 8,586,633 define the specific ophthalmologic irrigation solutions and methods, ensuring clarity and validity.
- Patent Scope: The scope is measured by metrics like independent claim length and count, ensuring the patent is not overly broad.
- Prior Art: The CCD and prior art keywords help in understanding the novelty and non-obviousness of the invention.
- Legal Status: The patent has expired, allowing public use of the invention.
- Patent Landscape: Tools like the Global Dossier and PTRCs are essential for understanding the broader patent landscape.
FAQs
Q: What is the main subject of United States Patent 8,586,633?
A: The main subject is ophthalmologic irrigation solutions and methods for their application during ophthalmologic procedures.
Q: How is the scope of a patent measured?
A: The scope of a patent can be measured using metrics such as independent claim length and independent claim count.
Q: What is the current legal status of US 8,586,633?
A: The patent has expired and is no longer in force.
Q: What tools can be used to explore the patent landscape for US 8,586,633?
A: Tools such as the Global Dossier and the USPTO Public Search Facility can be used.
Q: Why is clarity in patent claims important?
A: Clarity in patent claims is crucial to ensure the validity of the patent and to avoid indefinite claims that could be invalidated.
Sources
- USPTO - Search for patents - USPTO
- CAFC - MAXELL, LTD. v. AMPEREX TECHNOLOGY LIMITED
- SSRN - Patent Claims and Patent Scope
- Google Patents - US8586633B2 - Ophthalmologic irrigation solutions and method
- ACUS - U.S. Patent Small Claims Court
