Understanding the Scope and Claims of United States Patent 8,632,802
Introduction
United States Patent 8,632,802, titled "Device for transdermal administration of drugs including acrylic adhesive," is a patent that outlines a specific invention related to drug delivery systems. To analyze this patent, we need to delve into its various components, including the specification, claims, and the broader patent landscape.
Patent Structure
Document Number and Type
The patent number, US 8,632,802 B2, indicates that this is a U.S. patent with a previously published application, as denoted by the "B2" code[1].
Title and Abstract
The title of the invention is "Device for transdermal administration of drugs including acrylic adhesive," which is limited to 500 characters or less. The abstract provides a brief, non-technical description of the invention, giving an overview of what the patent covers[1].
Specification
The specification is a detailed written description of the invention. It includes discussions of related prior art, descriptions of the drawings, how the invention solves a specific technical problem, and the preferred embodiment of the invention. This section must be detailed enough for anyone with ordinary skill in the same technical field to understand and replicate the invention[1].
Claims
Definition and Purpose
The claims section is crucial as it defines the scope of protection for the patent. These claims are the legal boundaries of the invention, similar to how a property deed defines physical boundaries of land. The patent must have at least one claim, but typically includes several or even hundreds of claims[1].
Example Claim
For Patent 8,632,802, the claims would outline the specific components and functionalities of the transdermal drug delivery device. For instance, a claim might include:
- A device comprising a first layer with an acrylic adhesive.
- A second layer containing the drug to be administered.
- A backing layer to protect the adhesive and drug.
- Specific dimensions and materials used in the construction of the device.
Each claim would be numbered and would start with phrases like “I claim” or “What is claimed”[1].
Drawings and Figures
The drawings section contains black and white illustrations that provide technical details of the invention. These drawings are essential for understanding the physical structure and operation of the device, including any specific features or components mentioned in the claims[1].
Field of Search and Prior Art
The field of search section lists the classifications consulted by the patent examiner during the prior art search. This helps in understanding the broader context and related technologies that were considered when evaluating the novelty and non-obviousness of the invention. The references section cites U.S. and foreign patent documents and other publications that were considered as related prior art by the inventor and the patent examiner[1].
Applicants, Inventors, and Assignees
The patent lists the applicant, inventors, and assignees. The applicant is the person, company, or organization that filed the application. The inventors are those who created the invention, and the assignee is the owner of the patent at the time it was issued. This information is crucial for understanding the ownership and rights associated with the patent[1].
Patent Attorney or Agent
The patent also lists the patent attorney, agent, or firm that was hired by the inventor to prosecute the application. This professional played a key role in navigating the patent application process[1].
Patent Landscape
Related Patents and Publications
To understand the patent landscape, one must look at related patents and publications. Tools like the Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to find prior art and related applications from participating IP offices. These resources help in identifying similar inventions and understanding how this patent fits into the broader field of transdermal drug delivery systems[4].
Economic and Statistical Analysis
The USPTO's Patent Claims Research Dataset can provide insights into the scope and trends 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 analyzing the patent's scope and its position within the industry[3].
Legal and Policy Considerations
Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how patents like 8,632,802 are enforced and disputed. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes, which could affect the strategy and costs associated with defending or challenging this patent[2].
Key Takeaways
- Detailed Specification: The patent includes a detailed specification that describes the invention, prior art, and preferred embodiments.
- Claims: The claims define the legal boundaries of the invention and are crucial for understanding what is protected.
- Drawings and Figures: The drawings provide technical details of the invention.
- Field of Search and Prior Art: Understanding the classifications and prior art helps in evaluating the novelty and non-obviousness of the invention.
- Ownership and Rights: The patent lists the applicants, inventors, and assignees, which is important for understanding ownership and rights.
- Patent Landscape: Tools like Patent Public Search and Global Dossier help in identifying related patents and understanding the broader patent landscape.
- Legal Considerations: The potential for a small claims patent court could impact how patent disputes are resolved.
FAQs
What is the purpose of the claims section in a patent?
The claims section defines the scope of protection for the patent, outlining what is legally protected and what constitutes infringement.
How do drawings contribute to the understanding of a patent?
Drawings provide technical details and illustrations of the invention, helping to clarify the physical structure and operation of the device.
What is the significance of the field of search in a patent?
The field of search indicates the classifications consulted by the patent examiner, helping to understand the broader context and related technologies considered during the evaluation of the invention.
How can one find related patents and publications?
Tools such as the Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to find related patents and publications.
What is the role of a patent attorney or agent in the patent process?
A patent attorney or agent is hired by the inventor to navigate the patent application process, ensuring that the application is properly prepared and prosecuted.
Sources
- Guides.library.queensu.ca: How to Read a U.S. Patent - Patents and Designs - Research Guides.
- ACUS.gov: U.S. Patent Small Claims Court.
- USPTO.gov: Patent Claims Research Dataset.
- USPTO.gov: Search for patents - USPTO.
