Understanding the Scope and Claims of United States Patent 9,463,161: A Comprehensive Analysis
Introduction
Patent 9,463,161, like any other patent, is a complex document that outlines the invention, its scope, and the claims that define its intellectual property boundaries. To analyze this patent, it is crucial to understand the various components and tools available for patent research.
What is Patent 9,463,161?
To begin, one must identify the patent in question. Patent 9,463,161 can be found using the USPTO's Patent Public Search tool or other search resources provided by the USPTO[1].
How to Conduct a Patent Search
Conducting a thorough patent search is essential to understand the context and scope of any patent. Here are the steps and tools you can use:
Using the Patent Public Search Tool
The Patent Public Search tool is a modern interface that replaces older tools like PubEast and PubWest. It provides enhanced access to prior art and offers flexible search capabilities[1].
Global Dossier
For patents with international filings, the Global Dossier service allows users to view the patent family, including related applications from participating IP Offices. This can help in understanding the broader patent landscape[1].
Public Search Facility and PTRCs
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) offer additional resources and trained staff to assist in patent searches[1].
Analyzing Patent Claims
The claims section of a patent is critical as it defines the scope of the invention.
Understanding Claim Structure
Claims are typically divided into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[4].
Patent Claims Research Dataset
The USPTO provides the Patent Claims Research Dataset, which contains detailed information on claims from US patents and applications. This dataset can help in analyzing claim structures and trends[3].
Subject Matter Eligibility
A key aspect of patent claims is ensuring they meet the criteria for subject matter eligibility.
Practical Applications
The 2024 USPTO guidance update emphasizes the importance of practical applications in making AI-related inventions patent-eligible. Claims must integrate abstract ideas into specific, practical applications to be considered patent-eligible[4].
Example Analysis
For instance, if a claim involves using a mathematical model to manipulate data without any specific application, it may not be patent-eligible. However, if the claim specifies the use of this data in a real-time speech recognition system, it adds a practical application and becomes patent-eligible[4].
Patent Scope and Landscape
Understanding the scope of a patent involves analyzing its claims in the context of existing prior art.
Common Citation Document (CCD)
The CCD application consolidates citation data from participating IP Offices, helping to visualize the prior art cited by different offices for the same invention. This tool is crucial for understanding the global patent landscape[1].
Sequence Listings and Patent Assignments
For patents involving sequences or changes in ownership, tools like the Publication Site for Issued and Published Sequences (PSIPS) and the Patent Assignment Search website are invaluable[1].
Legal and Policy Considerations
The legal and policy environment surrounding patents is constantly evolving.
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could impact how patent disputes are handled. This includes considerations from various stakeholders and legal experts[5].
Key Takeaways
- Thorough Search: Conduct a comprehensive patent search using tools like the Patent Public Search and Global Dossier.
- Claim Analysis: Carefully analyze the claims to ensure they meet subject matter eligibility criteria, focusing on practical applications.
- Global Context: Use tools like the CCD to understand the global patent landscape.
- Legal Considerations: Stay updated on legal and policy changes, such as the potential for a small claims patent court.
FAQs
Q: How do I find the details of Patent 9,463,161?
A: You can use the USPTO's Patent Public Search tool or visit the USPTO Public Search Facility to find the details of Patent 9,463,161[1].
Q: What is the importance of practical applications in patent claims?
A: Practical applications are crucial for making claims patent-eligible, especially in AI-related inventions. They integrate abstract ideas into specific, practical uses that provide tangible benefits[4].
Q: How can I analyze the global patent landscape for a specific invention?
A: Use the Global Dossier and Common Citation Document (CCD) tools to view related applications and consolidated citation data from participating IP Offices[1].
Q: What resources are available for training in patent search techniques?
A: Your nearest Patent and Trademark Resource Center (PTRC) offers local search resources and training in patent search techniques[1].
Q: How do I stay updated on legal and policy changes in patent law?
A: Follow updates from the USPTO and other relevant bodies like the Administrative Conference of the United States (ACUS), which conducts studies on patent law and policy[5].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Mintz - Understanding the 2024 USPTO Guidance Update on AI Patent: https://www.mintz.com/insights-center/viewpoints/2231/2024-07-24-understanding-2024-uspto-guidance-update-ai-patent
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
