Analyzing the Scope and Claims of United States Patent 9,931,403: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 9,931,403, titled "Non-aqueous Patch," and provide a detailed analysis of its scope, claims, and the broader patent landscape.
Overview of the Patent
Patent Title and Abstract
United States Patent 9,931,403, granted to inventors for a "Non-aqueous Patch," describes a transdermal patch that contains lidocaine in a crystalline state, which is not dissolved in the patch's non-aqueous matrix. This design aims to improve the permeability and efficacy of the patch[2].
Patent Claims
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core elements of the invention, such as the composition of the non-aqueous patch and the presence of lidocaine in a crystalline state.
- Dependent Claims: These claims build upon the independent claims by specifying additional features, such as the type of non-aqueous matrix used or the method of application.
Claim Analysis
To understand the patent's scope, it is essential to analyze the claim language. Research has shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[5].
Patent Scope
Metrics for Measuring Patent Scope
- Independent Claim Length: Longer independent claims often indicate a broader scope, as they include more detailed descriptions of the invention.
- Independent Claim Count: A higher number of independent claims can also suggest a broader scope, as it indicates multiple distinct aspects of the invention.
Examination Process Impact
The examination process can significantly narrow the scope of patent claims. Studies have shown that the duration of the examination process can influence the final scope, with longer examinations often resulting in narrower claims[5].
Prior Art and Citation Analysis
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art cited by multiple patent offices for the same invention. This tool is crucial for understanding the global patent landscape and identifying potential prior art that could affect the validity of the patent[1].
Global Dossier
The Global Dossier service provides access to the file histories of related applications from participating IP Offices. This includes classification, citation data, and office actions, which can help in assessing the novelty and non-obviousness of the invention[1].
International Patent Landscape
Searchable Databases
To ensure the novelty of the invention, it is essential to search patent databases from various international intellectual property offices. Databases such as the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE provide comprehensive access to global patent information[1][4].
Patent Assignment and Ownership
Patent Assignment Search
Understanding the current ownership of a patent is vital for licensing, litigation, and other business decisions. The Patent Assignment Search website allows users to search for patent assignments and changes in ownership[1].
Public Search Facilities and Resources
USPTO Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, and the Patent and Trademark Resource Centers (PTRCs) across the U.S. provide public access to patent and trademark information. These resources include trained staff to assist in patent searching and training in patent search techniques[1].
Patent Public Search Tool
The Patent Public Search tool is a modern web-based application that enhances access to prior art. It offers two user-selectable interfaces and powerful search capabilities, improving the overall patent searching process[1].
Economic and Statistical Analysis
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. This dataset includes claim-level statistics and document-level statistics, offering insights into patent scope and trends[3].
Practical Implications
Innovation and Licensing
The scope and claims of a patent can significantly impact innovation and licensing costs. Broader patents may lead to increased licensing and litigation costs, while narrower patents can provide clearer boundaries and reduce legal disputes[5].
Key Takeaways
- Patent Claims: Analyzing independent and dependent claims is crucial for understanding the scope of the invention.
- Patent Scope Metrics: Independent claim length and count can be used to measure patent scope.
- International Search: Searching global patent databases is essential for ensuring the novelty of the invention.
- Public Resources: Utilizing USPTO public search facilities and tools like the Patent Public Search and Global Dossier can enhance the patent searching process.
- Economic Impact: The scope of a patent can influence innovation and licensing costs.
FAQs
Q: How can I search for existing patents related to my invention?
A: You can use the USPTO's Patent Public Search tool, Global Dossier, and other international patent databases to search for existing patents.
Q: What is the significance of independent and dependent claims in a patent?
A: Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
Q: How does the examination process affect the scope of patent claims?
A: The examination process can narrow the scope of patent claims, with longer examinations often resulting in narrower claims.
Q: What resources are available for public patent searching?
A: Resources include the USPTO Public Search Facility, Patent and Trademark Resource Centers (PTRCs), and online tools like the Patent Public Search and Global Dossier.
Q: How can I determine the current ownership of a patent?
A: You can use the Patent Assignment Search website to search for patent assignments and changes in ownership.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents Portal - US-9931403-B2: https://portal.unifiedpatents.com/patents/patent/US-9931403-B2
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
