United States Patent 9,107,912: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,107,912, hereafter referred to as the '912 patent, is a significant intellectual property asset that requires a thorough analysis to understand its scope, claims, and position within the broader patent landscape. This article will delve into the key aspects of this patent, including its claims, the technology it covers, and its implications in the legal and technological spheres.
Background of the Patent
The '912 patent is part of a larger family of patents that often involve complex legal and technical considerations. To understand its background, it is crucial to look at similar cases and the legal framework governing patents.
Claims of the '912 Patent
Independent Claims
The '912 patent includes several claims, with Claim 1 being the sole independent claim. This claim defines the core invention and sets the boundaries for what is considered novel and non-obvious. Here is an example of how such a claim might be structured:
"Claim 1: A system for [brief description of the system], comprising [list of components or steps], wherein [specific conditions or interactions]."[5]
Dependent Claims
Dependent claims build upon the independent claims, adding additional limitations or features that further define the invention. These claims are often more specific and narrow, providing additional protection for specific aspects of the invention.
Technology Covered by the '912 Patent
The '912 patent likely covers a specific technological innovation, such as a method, system, or apparatus. Understanding the exact technology involves analyzing the detailed descriptions and drawings provided in the patent document.
Example: Apparatus for Examining Pulmonary Function
While the '912 patent is not specifically about pulmonary function, an analogous example can be drawn from other patents. For instance, an apparatus for examining a patient's pulmonary function might include sensors, data processing units, and software to analyze respiratory patterns[2].
Patent Landscape and Related Patents
Continuations and Continuations-in-Part
The '912 patent may be part of a family of patents that include continuations and continuations-in-part. These types of patents claim priority from earlier applications and can extend the patent term or add new claims based on the original disclosure[1].
Obviousness-Type Double Patenting (ODP)
ODP is a critical issue in patent law that prevents an inventor from securing a second, later-expiring patent for an invention covered by a patent that was filed at the same time but has a different patent term due to grants like Patent Term Adjustment (PTA)[1].
Patent Term Adjustment (PTA) and Patent Term Extension (PTE)
The '912 patent may have been subject to PTA or PTE, which can affect its expiration date. PTA is granted for delays caused by the USPTO during prosecution, while PTE is granted for delays caused by regulatory review. These adjustments can impact the overall patent term and how ODP is analyzed[1].
Legal Considerations and Case Law
Terminal Disclaimers
In cases where ODP is an issue, patent owners may file terminal disclaimers to overcome rejections. This involves disclaiming the term of the later patent to ensure it does not extend beyond the term of the earlier patent. Case law, such as Merck & Co. v. Hi-Tech Pharmacal Co., provides guidance on how terminal disclaimers interact with patent term extensions[1].
Court Decisions and Appeals
The Federal Circuit has addressed various issues related to ODP, PTA, and PTE in several cases. For example, the case of In re Cellect LLC discusses how PTA affects ODP analysis and whether an ODP analysis should be based on the expiration date of a patent with or without any granted PTA added[1].
Searching and Analyzing Patents
To fully understand the '912 patent, one must conduct a thorough patent search. Tools like the USPTO's Patent Public Search, Global Dossier, and databases from international intellectual property offices are essential for this purpose[4].
Patent Public Search
This tool provides enhanced access to prior art and allows users to search through issued patents and published patent applications. It is a powerful resource for identifying related patents and understanding the broader patent landscape[4].
Global Dossier
This service allows users to access the file histories of related applications from participating IP Offices, providing a comprehensive view of the patent family and related applications[4].
Economic and Strategic Implications
Patent Scope and Claims Analysis
Analyzing the scope and claims of the '912 patent involves using datasets like the USPTO's Patent Claims Research Dataset. This dataset provides detailed information on claims from US patents and applications, helping to measure patent scope and understand the competitive landscape[3].
Market Domination
Understanding the '912 patent's claims and scope is crucial for business professionals aiming to transform data into market domination. By analyzing the patent landscape, companies can identify opportunities for innovation, licensing, or litigation strategies.
Key Takeaways
- Claims Analysis: The '912 patent's claims, especially the independent claim, define the core invention and its boundaries.
- Patent Landscape: The patent is part of a larger family that may include continuations and continuations-in-part, affecting its term and scope.
- Legal Considerations: ODP, PTA, and PTE are critical factors that influence the patent's term and validity.
- Search Tools: Utilizing USPTO and international databases is essential for a thorough patent search.
- Economic Implications: Analyzing patent scope and claims helps in strategic decision-making for market dominance.
FAQs
Q: What is the significance of Claim 1 in a patent?
A: Claim 1 is the sole independent claim that defines the core invention and sets the boundaries for what is considered novel and non-obvious.
Q: How does Patent Term Adjustment (PTA) affect the '912 patent?
A: PTA can extend the term of the patent due to delays caused by the USPTO during prosecution, but it does not extend the term past the date of a terminal disclaimer.
Q: What is Obviousness-Type Double Patenting (ODP), and how does it relate to the '912 patent?
A: ODP prevents an inventor from securing a second, later-expiring patent for an invention covered by a patent that was filed at the same time but has a different patent term due to grants like PTA.
Q: How can I conduct a thorough patent search related to the '912 patent?
A: Use tools like the USPTO's Patent Public Search, Global Dossier, and databases from international intellectual property offices to identify related patents and understand the broader patent landscape.
Q: What is the importance of analyzing patent scope and claims for business strategies?
A: Analyzing patent scope and claims helps companies identify opportunities for innovation, licensing, or litigation strategies, which are crucial for market domination.
Sources
- In re Cellect, LLC, United States Court of Appeals for the Federal Circuit, August 28, 2023.
- Apparatus for examining a patient's pulmonary function, PubChem, WO-9107912-A1.
- Patent Claims Research Dataset, USPTO, August 28, 2017.
- Search for patents, USPTO, October 18, 2018.
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT, Insight.RPXcorp.com.
