Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 9,919,117
Introduction
When analyzing a U.S. patent, it is crucial to understand the various components that define its scope and claims. This article will delve into the specifics of United States Patent 9,919,117, using it as a case study to explain the key elements of a patent.
Structure of a U.S. Patent
A U.S. patent is divided into several sections, each serving a distinct purpose.
Document Number and Type
The document number, often prefixed with "US," indicates that it is a U.S. patent. The code "B2" suggests that the patent has a previously published application[1].
Abstract and Summary
These sections provide a brief overview of the invention, highlighting its main features and objectives. The abstract is typically a concise summary, while the summary may offer a bit more detail[2].
Detailed Description
This section is a comprehensive written description of the invention, including discussions of related prior art, descriptions of the drawings, and how the invention solves a specific technical problem. It must be detailed enough for anyone with ordinary skill in the same technical field to understand and replicate the invention[1].
Drawings
The drawings section contains black and white illustrations that technically detail the invention. These drawings are essential for visualizing the invention's components and their interactions[1].
Claims
The claims are the most critical part of a patent, as they define the legal boundaries of the invention. These are numbered paragraphs at the end of the specification, preceded by phrases like "I claim" or "What is claimed." The claims specify what is protected by the patent, similar to how a property deed defines land ownership[1][2].
Analyzing the Claims of United States Patent 9,919,117
Claim Structure
Each claim in a patent is structured to clearly define the scope of protection. Here is an example of how a claim might be structured:
- Independent Claims: These claims stand alone and do not depend on other claims. They define the broadest scope of the invention.
- Dependent Claims: These claims build upon independent claims and narrow down the scope by adding additional features or limitations.
Example of a Claim
For instance, if we look at a hypothetical claim from a patent similar to 9,919,117, it 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;
- a high frequency chassis resonator coupled to the low frequency shield and adapted to increase high frequency sensitivity of the antenna."
This claim defines the components and their relationships, specifying what is protected under the patent[1].
Understanding the Scope of Protection
Independent and Dependent Claims
The scope of protection is defined by both independent and dependent claims. Independent claims provide the broadest protection, while dependent claims add specific details that narrow down the scope but also provide additional protection for specific embodiments of the invention[1].
Claim Interpretation
The interpretation of claims is crucial for determining the scope of protection. Courts and patent examiners use the language of the claims, the specification, and the drawings to interpret what is covered by the patent. This interpretation can be complex and often involves legal and technical expertise[2].
Patent Landscape and Related Patents
Prior Art and References
The specification section of a patent includes references to prior art, which are previously issued patents and other publications related to the invention. These references help in understanding the background and the novelty of the current invention[1].
International and National Classifications
Patents are classified using International Patent Classification (IPC) and national classification systems. For example, the IPC classification helps in categorizing the invention within a broader technical field, making it easier to search and compare with other related patents[1].
Legal and Practical Implications
Patent Validity and Infringement
The validity of a patent and potential infringement are determined by the claims. If a patent claim is found to be invalid, the entire patent may be at risk. Similarly, if another entity's product or process falls within the scope of the claims, it could be considered an infringement[2].
Expiration and Term
Patents have a limited term, typically 20 years from the filing date of the earliest non-provisional application. Understanding the expiration date is crucial for planning and strategy, especially in industries where patent protection is a significant factor[5].
Case Study: United States Patent 9,919,117
While the specific details of United States Patent 9,919,117 are not provided here, the analysis would involve:
- Reviewing the Abstract and Summary: To understand the general purpose and main features of the invention.
- Analyzing the Detailed Description: To comprehend how the invention works, its technical details, and how it solves a specific problem.
- Examining the Drawings: To visualize the invention's components and their interactions.
- Interpreting the Claims: To define the scope of protection and understand what is legally protected by the patent.
Key Takeaways
- Claims Define Scope: The claims section is the most critical part of a patent, defining the legal boundaries of the invention.
- Detailed Description: This section must provide enough detail for someone with ordinary skill in the field to understand and replicate the invention.
- Drawings and Figures: These are essential for visualizing the technical details of the invention.
- Prior Art and References: Understanding prior art helps in assessing the novelty and uniqueness of the invention.
- Legal Implications: The validity and infringement of a patent are determined by the claims.
FAQs
Q: What is the purpose of the claims section in a U.S. patent?
A: The claims section defines the legal boundaries of the invention, specifying what is protected under the patent.
Q: How long does a U.S. patent typically last?
A: A U.S. patent typically lasts for 20 years from the filing date of the earliest non-provisional application.
Q: What is the role of the detailed description in a patent?
A: The detailed description provides a comprehensive written explanation of the invention, including its technical details and how it solves a specific problem.
Q: Can patents be searched and accessed publicly?
A: Yes, patents can be searched and accessed publicly through the United States Patent and Trademark Office (USPTO) website and other databases.
Q: Is there such a thing as an international patent?
A: No, there is no such thing as an "international patent." Patents are granted by national patent offices and have jurisdiction only within the granting country[2].
Sources
- How to Read a U.S. Patent - Patents and Designs - Research Guides
- FAQ: Intellectual Property/Patents/Tech Transfer - OGC, University of Michigan
- Patent Claims Research Dataset - USPTO
- Invention, Knowledge Transfer, and Innovation - NCSES, NSF
- ALLERGAN USA, INC. v. MSN LABORATORIES PRIVATE LTD. - CAFC Opinion[2][5].
