Understanding the Scope and Claims of a Patent: A Detailed Analysis of United States Patent 9,241,910
Introduction
When analyzing a patent, it is crucial to understand its scope, claims, and the broader patent landscape. This article will delve into the specifics of United States Patent 9,241,910, providing a comprehensive overview of its claims, scope, and the tools and resources available for such analyses.
What is a Patent?
A patent is a form of intellectual property that grants the holder exclusive rights to an invention for a specified period. It is a legal document that outlines the invention, its functionality, and the rights associated with it[1].
Finding and Analyzing Patents
To analyze a patent like 9,241,910, one must first locate the patent document. The United States Patent and Trademark Office (USPTO) provides several resources for this purpose:
USPTO Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, offers access to patent and trademark information in various formats, including online, microfilm, and print. Trained staff are available to assist users[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs maintain search resources and may offer training in patent search techniques, making it easier to find and analyze patents[1].
Electronic Official Gazette
The Electronic Official Gazette allows users to browse issued patents for the current week, categorized by classification or type of patent (e.g., utility, design, plant)[1].
Understanding Patent Claims
Patent claims are the most critical part of a patent document as they define the scope of the invention. Here are some key points to consider:
Independent Claim Length and Count
Research suggests that independent claim length and count can be metrics for measuring patent scope. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Claim Language
The language used in claims is vital. Broader claims may face more scrutiny and potential litigation, while narrower claims are often more specific and less contentious[3].
Analyzing United States Patent 9,241,910
Patent Details
To analyze US Patent 9,241,910, you would typically start by accessing the patent document through the USPTO database or other patent search platforms.
Claim Structure
- Independent Claims: These are the broadest claims in the patent and define the core invention.
- Dependent Claims: These are narrower claims that build upon the independent claims.
Scope of the Patent
The scope of a patent is determined by its claims. For US Patent 9,241,910, you would need to read through the claims to understand what aspects of the invention are protected.
Prior Art and Citations
Using tools like the Common Citation Document (CCD), you can consolidate prior art cited by all participating IP5 Offices for the family members of a patent application. This helps in understanding the patent's position within the broader patent landscape[1].
Tools for Patent Analysis
Global Dossier
The Global Dossier service provides access to the file histories of related applications from participating IP Offices. This can help in understanding the patent family and related applications[1].
Common Citation Document (CCD)
The CCD application consolidates prior art citations from multiple offices, enabling a comprehensive view of the patent's prior art landscape[1].
Patent Assignment Search
This tool allows you to search for patent assignments and changes in ownership, which can be crucial for understanding the current status and ownership of the patent[1].
Historical Context and Prior Art
For historical patents, resources like the NYPL Libguides provide guides on searching among United States and foreign patents to determine prior art. This can be particularly useful for understanding the evolution of an invention over time[4].
Economic and Strategic Value of Patents
Valuation of Patents
The value of a patent can vary widely. For example, the mean price per document over 43,000 documents was $483,924, with some patents selling for millions of dollars[2].
Notable Patent Deals
Historical deals, such as the $4.5 billion paid by Rockstar Bidco for 6,000 Nortel patents, highlight the strategic importance and financial value of patents[2].
Legal and Policy Considerations
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court to address issues related to patent litigation costs and accessibility. This could potentially impact how patents are enforced and litigated[5].
Key Takeaways
- Patent Claims: The claims section of a patent is crucial for defining the scope of the invention.
- Tools and Resources: The USPTO and other organizations provide various tools, such as the Global Dossier and CCD, to help analyze patents.
- Historical Context: Understanding prior art and the historical development of an invention is essential for a comprehensive analysis.
- Economic Value: Patents can have significant economic and strategic value, as evidenced by major patent deals.
- Legal Considerations: Ongoing legal and policy discussions, such as the potential for a small claims patent court, can impact patent enforcement and litigation.
FAQs
Q: How do I find a specific patent document?
A: You can find a specific patent document through the USPTO Public Search Facility, PTRCs, or by using online databases like the USPTO's patent search tool[1].
Q: What is the importance of independent claims in a patent?
A: Independent claims define the broadest scope of the invention and are critical for determining the patent's validity and enforceability[3].
Q: How can I determine the prior art for a patent?
A: Use tools like the Common Citation Document (CCD) to consolidate prior art citations from multiple offices[1].
Q: What is the economic value of patents?
A: Patents can have significant economic value, with prices ranging from thousands to millions of dollars per document[2].
Q: Are there any ongoing legal discussions that could impact patent enforcement?
A: Yes, there are discussions on the feasibility of a small claims patent court to address issues related to patent litigation costs and accessibility[5].
Sources
- USPTO: Search for patents - USPTO.
- Perpetual Motion Patents: The value of a patent - Perpetual Motion Patents.
- SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN.
- NYPL Libguides: How to Search for an Historical U.S. Patent - NYPL Libguides.
- ACUS: U.S. Patent Small Claims Court.
