Understanding the Scope and Claims of United States Patent 8,609,896
Introduction to Patents and the USPTO
The United States Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks. Patents are a form of intellectual property that grant inventors the exclusive right to make, use, import, sell, or offer for sale their inventions for a limited time, typically 20 years from the date of the patent application[1][2][5].
Overview of Patent 8,609,896
United States Patent 8,609,896, titled "Ferric organic compounds, uses thereof and methods of making same," was granted to inventors who developed novel forms of ferric organic compounds, including a form of ferric citrate. These compounds are notable for their solubility over a wider range of pH levels.
Types of Patents
The USPTO grants three main types of patents: utility patents, design patents, and plant patents. The patent in question, 8,609,896, falls under the category of a utility patent, which is granted for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof"[1][5].
Patent Application Process
To obtain a patent like 8,609,896, the inventors would have filed a utility patent application with the USPTO. This process involves submitting several documents, including a specification, drawings if necessary, an oath or declaration, an application data sheet, a transmittal letter, and the required fees. The application can be filed electronically through the USPTO's Electronic Filing System (EFS-Web) or by mail/hand delivery, though the latter incurs an additional fee[5].
Patent Claims
The claims in a patent application are crucial as they define the scope of the patent's protection. For Patent 8,609,896, the claims would specify the exact nature of the ferric organic compounds, their uses, and the methods of making them. These claims must be clear, concise, and supported by the specification and drawings provided in the application[5].
Patentability Requirements
For an invention to be patentable, it must meet several criteria:
- Usefulness: The invention must be operable and provide some tangible benefit.
- Novelty: The invention must not be fully anticipated by prior patents, publications, or other state of the art knowledge.
- Nonobviousness: The invention must not have been readily within the ordinary skills of a competent artisan at the time it was made[1][5].
Examination Process
After filing, the patent application undergoes an examination process by a USPTO examiner. The examiner reviews the application, including the claims, to ensure compliance with legal requirements and conducts a prior art search to determine if the claimed invention is useful, novel, and nonobvious. If the examiner finds issues, an Office Action is issued detailing the reasons for rejection or objections. The applicant can then respond to these issues, and if necessary, appeal the examiner's decision or request continued examination[5].
Scope of Patent 8,609,896
The scope of Patent 8,609,896 is defined by its claims, which outline the specific ferric organic compounds and their applications. Here are some key aspects of the scope:
Ferric Organic Compounds
The patent covers novel forms of ferric organic compounds, particularly a form of ferric citrate that is soluble over a wider range of pH levels. This solubility makes these compounds useful in various applications where traditional ferric compounds might not be effective[4].
Methods of Making
The patent also includes methods for making these ferric organic compounds. These methods are crucial as they provide a clear pathway for reproducing the invention, which is a requirement for patentability[4].
Uses Thereof
The patent specifies the various uses of these ferric organic compounds. Understanding these uses is essential for determining the commercial and practical scope of the patent[4].
Impact on the Patent Landscape
Innovation and Productivity
Patents like 8,609,896 contribute to innovation and productivity by providing inventors with exclusive rights to their inventions, thereby incentivizing further research and development. The correlation between the U.S. patent system and productivity growth is well-documented, highlighting the importance of a robust patent system in driving economic progress[1].
Patent Quality and Scope
The debate over patent quality and scope is ongoing. Patents with narrower claims, like those in 8,609,896, are often associated with a higher probability of grant and a shorter examination process. This suggests that well-defined and specific claims can streamline the patent process and reduce litigation costs[3].
Licensing and Litigation
The clarity and specificity of the claims in Patent 8,609,896 can also impact licensing and litigation. Clear and well-defined claims reduce the ambiguity that can lead to costly licensing disputes and litigation, thereby promoting a more stable and predictable patent landscape[3].
Key Takeaways
- Patent Type: Utility patent for new and useful ferric organic compounds.
- Patentability Requirements: Must be useful, novel, and nonobvious.
- Claims: Define the scope of protection and must be clear and supported by the specification.
- Examination Process: Involves review by a USPTO examiner and potential Office Actions.
- Scope: Covers specific ferric organic compounds, methods of making them, and their uses.
- Impact: Contributes to innovation, productivity, and a clearer patent landscape.
FAQs
Q: What type of patent is United States Patent 8,609,896?
A: It is a utility patent, granted for a new and useful process, machine, manufacture, or composition of matter.
Q: What are the key requirements for an invention to be patentable?
A: The invention must be useful, novel, and nonobvious.
Q: How do patent claims affect the scope of a patent?
A: Patent claims define the exact nature and extent of the protection granted by the patent.
Q: What is the role of the USPTO in the patent application process?
A: The USPTO administers the patent application process, including examining applications and granting patents.
Q: Why is the clarity of patent claims important?
A: Clear and well-defined claims reduce ambiguity, streamline the patent process, and minimize licensing disputes and litigation.
Sources
- Congressional Research Service. Patents and Innovation Policy, August 2, 2022.
- USA.gov. U.S. Patent and Trademark Office (USPTO).
- SSRN. Patent Claims and Patent Scope, September 29, 2016.
- Google Patents. Ferric organic compounds, uses thereof and methods of making same, US Patent 8,609,896 B2.
- Maryland People's Law Library. Patents, July 9, 2024.