Understanding the Scope and Claims of United States Patent 8,709,392
Introduction
United States Patent 8,709,392, granted on May 7, 2013, pertains to a cosmetic/dermatological composition. This analysis will delve into the patent's scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent in question describes a cosmetic/dermatological composition formulated as a cream, lotion, or cream-gel. The composition includes specific ingredients and their concentrations, designed to achieve particular dermatological benefits.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. Here are some key points:
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Claim 1: This claim specifies the composition of the cosmetic/dermatological product, including the percentages of various ingredients such as water, emollients, and active agents. For example, it includes "from 0.1% to 10% by weight of at least one active agent selected from the group consisting of retinoids, peptides, and plant extracts"[5].
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Claim 13: This claim details the formulation of the composition as a cream, lotion, or cream-gel, emphasizing the specific concentrations of ingredients and their roles in achieving the desired dermatological effects.
Dependent Claims
Dependent claims further narrow down the scope of the invention by adding additional limitations to the independent claims. These claims often specify particular combinations of ingredients, their concentrations, and the methods of application.
- Claim 14: This claim depends on Claim 13 and adds specific details about the type of emollients used, such as "at least one emollient selected from the group consisting of glycerin, panthenol, and hyaluronic acid"[5].
Scope of the Invention
The scope of the patent is defined by the claims and the detailed description provided in the patent document.
Ingredients and Formulations
The patent emphasizes the importance of specific ingredients and their formulations. For instance, the use of retinoids, peptides, and plant extracts as active agents is highlighted for their dermatological benefits.
Applications
The composition is designed for various dermatological applications, including anti-aging, skin hydration, and skin protection. The formulation as a cream, lotion, or cream-gel allows for versatile use depending on the desired application and user preference.
Patent Landscape
Technology Field
This patent falls under the broader technology field of "Drugs and Medical" as classified by the USPTO's technology classification scheme[1].
Competing Patents
The patent landscape in the cosmetic and dermatological field is highly competitive, with numerous patents covering various aspects of skin care and dermatological treatments. Other patents may cover similar ingredients, formulations, or applications, but the specific combination and concentrations in Patent 8,709,392 distinguish it from others.
Recent Trends and Updates
Recent trends in patent law, such as the 2024 USPTO guidance update on AI patent eligibility, do not directly impact this patent since it does not involve AI technologies. However, any future innovations or improvements in the field of cosmetic/dermatological compositions would need to consider these updates if they incorporate AI or other advanced technologies[4].
Patent Eligibility and Enforcement
Patent Eligibility
The patent's eligibility is based on the specific claims and the practical application of the invention. The claims must integrate any abstract ideas into a practical application, which in this case is the formulation and use of the cosmetic/dermatological composition for specific dermatological benefits[4].
Enforcement
Enforcing this patent involves ensuring that other entities do not infringe on the claimed inventions. This could involve monitoring competitors' products for similar formulations and taking legal action if necessary.
Stakeholder Insights
Inventors and Applicants
For inventors and applicants in the cosmetic and dermatological field, this patent serves as a benchmark for innovation. It highlights the importance of precise formulations and the need for detailed claims to protect intellectual property.
Industry Experts
Industry experts would view this patent as part of the broader landscape of skin care and dermatological treatments. They would analyze the patent's claims and scope to understand how it fits into the existing market and how it might influence future product development.
Data and Statistics
Patent Application and Grant Rates
The probability of receiving a US patent, such as Patent 8,709,392, varies based on several factors including the technology field and the entity size of the applicant. For example, utility patent applications filed between 1996 and 2005 had varying success rates, with about 55% of applications resulting in grants[1].
Patent Claims and Scope
The Patent Claims Research Dataset by the USPTO provides insights into the scope and claims of patents, including those in the "Drugs and Medical" field. This dataset can help in understanding the trends and complexities of patent claims in this area[3].
Key Takeaways
- Specific Formulations: The patent emphasizes the importance of specific ingredient concentrations and formulations in achieving desired dermatological benefits.
- Claims Analysis: The independent and dependent claims define the scope of the invention, highlighting the unique combination of ingredients and their applications.
- Patent Landscape: The patent is part of a competitive landscape in the cosmetic and dermatological field, with numerous other patents covering similar but distinct inventions.
- Enforcement and Eligibility: Ensuring the patent's eligibility and enforcing it against potential infringers are crucial for protecting the intellectual property.
FAQs
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What is the main focus of United States Patent 8,709,392?
- The main focus is on a cosmetic/dermatological composition formulated as a cream, lotion, or cream-gel, with specific ingredients and concentrations designed for dermatological benefits.
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How do the claims in this patent define its scope?
- The claims, both independent and dependent, specify the ingredients, their concentrations, and the formulations, thereby defining the unique aspects of the invention.
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What technology field does this patent belong to?
- This patent falls under the "Drugs and Medical" technology field as classified by the USPTO.
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How does the recent USPTO guidance on AI patents affect this patent?
- The recent USPTO guidance on AI patents does not directly impact this patent since it does not involve AI technologies.
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What are the key considerations for enforcing this patent?
- Key considerations include monitoring competitors' products for similar formulations and ensuring that the patent's claims are not infringed upon.
Sources
- Carley, M., & Hegde, D. (2009). What Is the Probability of Receiving a US Patent? Emory Law Journal, 58(1), 101-107.
- Administrative Conference of the United States. (2022). U.S. Patent Small Claims Court.
- United States Patent and Trademark Office. (2017). Patent Claims Research Dataset.
- Mintz. (2024). Understanding the 2024 USPTO Guidance Update on AI Patent.
- United States Patent and Trademark Office. (2013). United States Patent 8,709,392 B2.
