Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 9,532,991
Introduction to U.S. Patents
U.S. patents are granted by the U.S. Patent and Trademark Office (USPTO) to protect inventions that are novel, nonobvious, and useful. Each patent document is a comprehensive resource that includes various sections, each providing critical information about the invention.
Structure of a U.S. Patent Document
A U.S. patent document is structured to include several key sections:
Front Page and Bibliographic Data
The front page of a patent document contains bibliographic data identified by INID codes. These codes provide essential information such as the document number, document type, application number, date of application, and date of patent issuance[1].
Drawings
The drawings section includes black and white illustrations that detail the technical aspects of the invention. These drawings are crucial for understanding the physical and functional aspects of the invention, although they are not required for process or method inventions[1].
Specification
The specification is a detailed written description of the invention. It includes discussions of prior art, descriptions of the drawings, how the invention solves a specific technical problem, and the preferred embodiment of the invention. This section must be detailed enough for someone with ordinary skill in the same technical field to understand and replicate the invention[1].
Claims
The claims section defines the scope of protection for the patent. These claims are the legal boundaries of the invention and are typically preceded by the phrases “I claim” or “What is claimed.” Each claim outlines a specific aspect of the invention that is protected by the patent[1].
Analyzing the Scope and Claims of United States Patent 9,532,991
Patent Overview
United States Patent 9,532,991 is an example of a utility patent that protects a specific invention. Here is a breakdown of its key components:
Title and Abstract
The title of the patent provides a brief description of the invention, limited to 500 characters or less. The abstract is a non-technical summary of the invention, giving a general overview of what the patent covers[1].
Claims
The claims section is where the patent's scope is defined. For example, in a patent like 9,532,991, the first claim might read:
1. A portable electronic device, comprising:
- a first housing;
- a second housing coupled to the first housing and movable relative thereto between a closed position and an open position;
- an antenna positioned in the first housing;
- a low frequency shield coupled to the antenna and adapted to inhibit changes to the frequency response of the antenna when the portable electronic device is moved between the open position and the closed position; and
- a high frequency chassis resonator coupled to the low frequency shield and adapted to increase high frequency sensitivity of the antenna[1].
Each claim outlines a specific aspect of the invention, and together they define the legal boundaries of what is protected.
Understanding the Claims
Claims can be independent or dependent. Independent claims stand alone and define the invention without reference to other claims. Dependent claims, on the other hand, refer back to an independent claim and further limit the scope of the invention.
For instance, a dependent claim might read: "The portable electronic device of claim 1, wherein the high frequency chassis resonator is made of a conductive material." This claim builds upon the first claim and adds additional specificity to the invention.
Patent Landscape and Prior Art
The patent landscape includes all prior art that was considered during the examination process. This includes other patents, publications, and any relevant prior art cited by the inventor or the patent examiner. The field of search section lists the classifications consulted by the patent examiner during this process[1].
Assignee and Inventors
The assignee is the owner of the patent at the time it was issued, which can be a person, company, or organization. The inventors are listed separately, and their contributions to the invention are acknowledged[1].
Economic and Commercial Implications
Patent Prosecution and Costs
The process of obtaining a patent, known as patent prosecution, can be lengthy and costly. It typically involves filing a provisional patent application followed by a non-provisional application within one year. The costs can range from $8,000 to $20,000 for a U.S. utility patent, with additional costs incurred during the review process and after the patent is issued[5].
Commercialization and Licensing
Once a patent is granted, it can be commercialized through licensing agreements. If multiple parties are involved in the invention, such as a university and a company, joint ownership and licensing agreements may be necessary. Each co-owner has the right to license their interest in the invention independently, although this can be subject to specific agreements[5].
Key Takeaways
- Patent Structure: A U.S. patent document includes bibliographic data, drawings, specification, and claims.
- Claims: Define the scope of protection for the patent and are either independent or dependent.
- Patent Landscape: Includes prior art and classifications consulted during the examination process.
- Economic Implications: Patent prosecution is costly and time-consuming, with significant commercial implications.
- Commercialization: Patents can be commercialized through licensing agreements, with considerations for joint ownership.
FAQs
What is the purpose of the claims section in a U.S. patent?
The claims section defines the legal boundaries of the invention, specifying what aspects are protected by the patent.
How long does the patent prosecution process typically take?
The patent prosecution process can take between two to five years after the non-provisional patent application is filed[5].
What is the difference between a provisional and non-provisional patent application?
A provisional patent application is not evaluated by the USPTO and provides a one-year period to file a non-provisional application. A non-provisional application is reviewed for patentability and can result in an issued patent[5].
Can an invention be patented if it has been publicly disclosed?
In the U.S., there is a one-year grace period for filing a patent application after public disclosure. However, in most foreign countries, public disclosure before filing a patent application can result in the loss of patent protection[5].
Who can license the rights to a jointly owned patent?
Each co-owner of a jointly owned patent has the right to license their interest in the invention independently, unless otherwise agreed upon[5].
Sources
- Guides.library.queensu.ca: How to Read a U.S. Patent - Patents and Designs - Research Guides.
- USA.gov: U.S. Patent and Trademark Office (USPTO).
- USPTO.gov: Patent Claims Research Dataset.
- NYPL Libguides: How to Search for an Historical U.S. Patent.
- KU Office of Research: Intellectual Property Protection.
