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Last Updated: December 22, 2024

Details for Patent: 9,205,059


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Summary for Patent: 9,205,059
Title:Transparent transdermal nicotine delivery devices
Abstract: A transparent transdermal delivery device for delivering nicotine which has an Opacity Index of less than 48.6%.
Inventor(s): Gale; Robert M. (Los Altos, CA)
Assignee: ALZA Corporation (Vacaville, CA)
Application Number:14/629,248
Patent Claim Types:
see list of patent claims
Compound; Device; Delivery;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 9,205,059: A Comprehensive Analysis

Introduction

Patent 9,205,059, like any other patent, is a complex document that outlines the invention, its scope, and the claims made by the inventor. To analyze this patent, it is crucial to delve into its various components, including the background, summary, detailed description, and most importantly, the claims.

Background of Patent 9,205,059

While the specific details of Patent 9,205,059 are not provided in the sources, understanding the general context of patents is essential. Patents are granted for inventions that fall within the categories of processes, machines, manufactures, or compositions of matter, as defined by 35 U.S.C. § 101[2].

Patent Scope and Quality

The scope of a patent is a critical aspect that determines its validity and enforceability. Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. Narrower claims at publication are often associated with a higher probability of grant and a shorter examination process compared to broader claims[3].

Claims in a Patent

What are Patent Claims?

Patent claims are the heart of a patent, defining the scope of the invention for which protection is sought. These claims must be clear, concise, and specific to avoid issues of patent eligibility and validity.

Types of Claims

  • Independent Claims: These claims stand alone and define the invention without reference to other claims.
  • Dependent Claims: These claims refer back to and further limit an independent claim.

The Problem with Result-Oriented Claims

Claims that are directed toward achieving a result without detailing the method or process for accomplishing that result are often deemed ineligible under 35 U.S.C. § 101. This is because such claims may be considered abstract ideas or natural laws without an inventive concept[2].

Precedential Cases

Cases like Interval Licensing LLC v. AOL Inc. and American Axle & Manufacturing v. Neapco Holdings LLC highlight the importance of specifying the method or process in patent claims. In these cases, claims that failed to describe how the desired result was achieved were found to be abstract and ineligible for patent protection[2].

Analyzing the Claims of Patent 9,205,059

To analyze the claims of Patent 9,205,059, one must review each claim carefully to ensure it meets the criteria for patent eligibility.

Independent Claims

  • Specificity: Do the independent claims provide a clear and specific method or process for achieving the claimed result?
  • Inventive Concept: Do the claims include an inventive concept that transforms the abstract idea into a concrete invention?

Dependent Claims

  • Limitations: Do the dependent claims further limit the independent claims in a way that adds specificity and clarity?

Detailed Description and Drawings

The detailed description section of the patent provides a comprehensive explanation of the invention, including how it is made and how it works. This section, along with the drawings, helps to support the claims and ensure that the invention is fully disclosed.

Prior Art and Novelty

To determine the novelty of the invention, it is essential to conduct a thorough search of prior art. This involves reviewing existing patents, publications, and other relevant materials to ensure that the invention is new and non-obvious[1].

Legal and Regulatory Framework

Patent eligibility in the United States is governed by 35 U.S.C. § 101, which excludes laws of nature, natural phenomena, and abstract ideas from patent protection. The courts apply the Alice test to determine whether a claim is patent-eligible, looking for an inventive concept that transforms an abstract idea into a concrete invention[2].

Industry Impact and Statistics

The impact of a patent on the industry can be significant. For instance, patents with narrower claims tend to have a higher probability of grant and shorter examination processes, which can expedite the innovation cycle. According to research, narrower claims are associated with higher forward citations and broader patent classes, indicating their potential for innovation[3].

Examples and Case Studies

  • DDR Holdings: In the case of DDR Holdings, LLC v. National Leisure Group, Inc., the court upheld the validity of patents that provided specific methods for achieving the claimed results. This case highlights the importance of detailed claims in patent litigation[5].

Key Takeaways

  • Specificity in Claims: Patent claims must be specific and detail the method or process for achieving the claimed result.
  • Inventive Concept: Claims must include an inventive concept to transform abstract ideas into concrete inventions.
  • Prior Art Search: Conducting a thorough prior art search is crucial to ensure the novelty and non-obviousness of the invention.
  • Legal Framework: Understanding the legal framework, including 35 U.S.C. § 101 and the Alice test, is essential for ensuring patent eligibility.

FAQs

What is the importance of specificity in patent claims?

Specificity in patent claims is crucial to ensure that the claims are clear, concise, and meet the criteria for patent eligibility. Claims that are too broad or result-oriented without detailing the method or process may be deemed ineligible under 35 U.S.C. § 101.

How does the Alice test impact patent claims?

The Alice test is used to determine whether a claim is patent-eligible. It involves two steps: first, determining whether the claim is directed to an abstract idea, law of nature, or natural phenomenon; and second, assessing whether the claim includes an inventive concept that transforms the abstract idea into a concrete invention.

What are the consequences of having overly broad patent claims?

Overly broad patent claims can lead to increased licensing and litigation costs. They may also face significant challenges in the courts, as they are more likely to be deemed ineligible under 35 U.S.C. § 101.

How does prior art search impact the novelty of a patent?

A thorough prior art search is essential to ensure that the invention is new and non-obvious. It involves reviewing existing patents, publications, and other relevant materials to determine if the invention is novel and worthy of patent protection.

What metrics can be used to measure patent scope?

Patent scope can be measured using metrics such as independent claim length and independent claim count. These metrics have explanatory power for several correlates of patent scope, including patent maintenance payments, forward citations, and the breadth of patent classes[3].

Sources

  1. NYPL Libguides: How to Search for an Historical U.S. Patent.
  2. Vklaw: Patently Unclear: Why Result-Oriented Claims Don't Make the Cut Under 35 U.S.C. § 101.
  3. SSRN: Patent Claims and Patent Scope.
  4. Google Patents: Methods and compositions for rna-directed target dna modification and for rna-directed modulation of transcription.
  5. United States Court of Appeals for the Federal Circuit: DDR Holdings - United States Court of Appeals for the Federal Circuit.

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Drugs Protected by US Patent 9,205,059

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 9,205,059

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 447398 ⤷  Subscribe
Australia 3121700 ⤷  Subscribe
Australia 774594 ⤷  Subscribe
Brazil 9916214 ⤷  Subscribe
Canada 2354621 ⤷  Subscribe
China 101693023 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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