Details for Patent: D396911

Summary for Patent: D396911

Title:	Liquid applicator body
Abstract:
Inventor(s):	DeHavilland; Lesley M. (Olathe, KS)
Assignee:	Medi-Flex Hospital Products, Inc. (Overland Park, KS)
Application Number:	D/071,741
Patent Claim Types: see list of patent claims	Delivery;

Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis

Introduction

When navigating the complex world of patents, understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the intricacies of patent claims, the patent examination process, and the broader patent landscape, using the context of a hypothetical U.S. patent (e.g., US Patent D396911) to illustrate key points.

What are Patent Claims?

Patent claims are the heart of a patent application, defining the scope of the invention and the protection it seeks. These claims must be clear, concise, and supported by the description provided in the patent application[2].

Types of Patent Claims

Patent claims can be categorized into several types:

• Independent Claims: These claims stand alone and define the invention without reference to other claims.
• Dependent Claims: These claims refer back to and further limit an independent claim.
• Method Claims: These describe a process or method.
• Apparatus Claims: These describe a physical device or system[3].

The Patent Examination Process

The journey to obtaining a U.S. patent involves a rigorous examination process.

Filing the Patent Application

The applicant files a patent application with the United States Patent and Trademark Office (USPTO), which includes the claims, a detailed description, and any necessary drawings.

Office Actions and Responses

After filing, the application is reviewed by a patent examiner. If the examiner finds issues with the application, an Office Action is issued, detailing the rejections or objections. The applicant must respond to these issues by addressing each rejection or objection specifically and making any necessary amendments to the claims[2].

Allowance and Issue

If the examiner determines that the claims are allowable, a Notice of Allowance and Fee(s) Due is sent to the applicant. Upon payment of the issue fees, the patent is granted[2].

Measures of Patent Allowance Rates

Understanding the likelihood of a patent being granted involves several metrics:

First-Action Allowance Rate

This is the proportion of applications allowed without further examination after the initial review[1].

Progenitor Allowance Rate

This rate reflects the proportion of progenitor applications (those not related to any previously filed U.S. patent applications) that are allowed without any continuation procedures[1].

Family Allowance Rate

This measures the proportion of progenitor applications that result in at least one patent, including outcomes from continuation applications[1].

Continuation Procedures

Continuation procedures allow applicants to modify or expand their original application:

• Continuations: These allow applicants to continue the examination process based on the original application.
• Continuations-in-Part (CIPs): These permit the introduction of new subject matter.
• Divisional Applications: These enable the separation of distinct inventions claimed in the same application[1].

Patent Scope and Landscape

Technology Fields

Patents are categorized into various technology fields, such as Chemical, Drugs and Medical, Electrical and Electronics, Computers and Communications, Mechanical, and a miscellaneous “Other” category. This categorization helps in analyzing trends and patterns in patenting activity[1].

Geographic and Economic Analysis

Patent data can be analyzed by geographic location and economic sector. For instance, patents can be mapped to the residence of the inventor or the sector of the owner, providing insights into innovation hotspots and industry trends[4].

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 patent applications published between 2001 and 2014. This dataset helps in understanding patent scope and trends through parsed claims text and claim-level statistics[3].

Case Studies and Legal Precedents

Real-world cases illustrate the complexities of patent claims and their interpretation.

Lite-Netics LLC v. Nu Tsai Capital LLC

In this case, the Federal Circuit Court of Appeals addressed the interpretation of patent claims, particularly the claim construction and the doctrine of equivalents. The court emphasized that claim terms must be given the meaning that the specification and prosecution history suggest, highlighting the importance of precise claim drafting and interpretation[5].

Key Takeaways

• Clear and Concise Claims: Patent claims must be well-defined to ensure the scope of protection is clear.
• Examination Process: The patent examination process involves multiple stages, including Office Actions and potential appeals.
• Continuation Procedures: These procedures allow for modifications and expansions of the original application.
• Patent Landscape Analysis: Understanding the broader patent landscape involves analyzing technology fields, geographic locations, and economic sectors.
• Legal Precedents: Case law provides critical insights into claim interpretation and enforcement.

FAQs

What is the primary purpose of patent claims in a patent application?

The primary purpose of patent claims is to define the scope of the invention and the protection it seeks.

How long does a U.S. patent typically last?

A U.S. patent generally lasts for 20 years from the filing date of the patent application.

What is the difference between a continuation and a continuation-in-part (CIP)?

A continuation allows the applicant to continue the examination process based on the original application, while a CIP permits the introduction of new subject matter.

How are patent claims interpreted in legal disputes?

Patent claims are interpreted based on the specification, prosecution history, and relevant case law, ensuring that the meaning given to claim terms is consistent with these sources.

What is the significance of the Patent Claims Research Dataset?

The Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, helping in the analysis of patent scope and trends.

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a U.S. Patent? The Yale Journal of Law & Technology.
2. The Maryland People's Law Library. (2024, July 9). Patents.
3. USPTO. (2017, August 28). Patent Claims Research Dataset.
4. NCSES. (2022, March 8). Invention, Knowledge Transfer, and Innovation.
5. Lite-Netics LLC v. Nu Tsai Capital LLC. (2023, February 17). Federal Circuit Court of Appeals.

Drugs Protected by US Patent D396911

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate