Details for Patent: D459798

Summary for Patent: D459798

Title:	Pill tablet
Abstract:
Inventor(s):	Desesquelle; Christian (Soisy sous Montmorency, FR), Becourt; Philippe (Massy, FR)
Assignee:	Aventis Pharma S.A. (FR)
Application Number:	D/148,657
Patent Claim Types: see list of patent claims	Dosage form;

Analyzing the Scope and Claims of a Patent: A Detailed Guide Using the Example of United States Patent D459798

Introduction

When analyzing a patent, understanding the scope and claims is crucial for determining its validity, enforceability, and the protection it offers. This article will delve into the process of analyzing the scope and claims of a patent, using the example of United States Patent D459798, and provide a comprehensive overview of the tools and methods involved.

Understanding Patent Claims

Patent claims are the most critical part of a patent application, as they define the scope of the invention and the rights granted to the patent holder. Claims must be clear, concise, and exact to comply with federal statutes[1].

Types of Patent Claims

There are different types of claims, including 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].

Analyzing the Scope of Patent D459798

To analyze the scope of a design patent like D459798, you need to focus on the drawings and the description provided in the patent document. Here are the key steps:

Reviewing the Drawings

Design patents are primarily visual, so the drawings are essential. Each drawing should be carefully examined to understand the design elements that are claimed.

Reading the Description

The description section provides context and explains the drawings. It may include specific details about the design and its components.

Identifying Claimed Design Elements

Identify the specific design elements that are claimed. For a design patent, this would involve the ornamental design of the invention.

Claim Charts and Scope Concepts

Using tools like Claim Charts and scope concepts can help in analyzing the patent landscape. These charts categorize patents by claims and overarching scope concepts, making it easier to filter, search, and analyze large numbers of patent claims concurrently[3].

Creating a Claim Coverage Matrix

A Claim Coverage Matrix shows which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist. This is particularly useful for understanding the broader patent landscape and how D459798 fits into it[3].

Patent Search Tools

Several tools are available for searching and analyzing patents, which are essential for understanding the scope and claims of a patent.

Patent Public Search

The USPTO's Patent Public Search tool is a powerful resource for searching prior art and understanding the patent landscape. It provides enhanced access to prior art and improves the overall patent searching process[4].

Global Dossier

The Global Dossier service allows users to access the file histories of related applications from participating IP Offices. This can help in identifying similar patents and understanding the global patent family[4].

Patent and Trademark Resource Centers (PTRCs)

Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for a detailed analysis[4].

Ensuring Clarity and Quality

The clarity and quality of patent applications are critical. The USPTO has implemented various measures to improve patent quality, including the use of additional tools such as glossaries of key terms and claim charts, although these are not currently mandatory[1].

Application Readiness Review Form (ARRF)

The USPTO's ARRF helps determine whether an applicant has provided enough information and details for an effective application. This can serve as a model for ensuring that patent applications, including those like D459798, meet the necessary standards[1].

Legal and Policy Considerations

When analyzing a patent, it is also important to consider the legal and policy framework.

Small Claims Patent Court

Studies on the feasibility of a small claims patent court highlight the need for efficient and cost-effective mechanisms for resolving patent disputes. This could impact how patents like D459798 are enforced and defended[2].

Stakeholder Input and Public Comments

Engaging with stakeholders and considering public comments is crucial for understanding the broader implications of a patent. For example, the ACUS study on small claims patent courts involved extensive public input and stakeholder engagement[2].

Key Takeaways

• Clear Claims: Ensure that patent claims are clear, concise, and exact to comply with federal statutes.
• Visual Analysis: For design patents, carefully review the drawings and descriptions to understand the claimed design elements.
• Patent Search Tools: Utilize tools like Patent Public Search, Global Dossier, and PTRCs to understand the patent landscape.
• Claim Charts and Scope Concepts: Use these tools to categorize and analyze large numbers of patent claims.
• Legal and Policy Framework: Consider the legal and policy implications, including the potential for small claims patent courts.

FAQs

What is the importance of clear claims in a patent application?

Clear claims are essential because they define the scope of the invention and the rights granted to the patent holder. Unclear or overly broad claims can lead to difficulties in examination and potential infringement issues[1].

How can I use the USPTO's Patent Public Search tool effectively?

The Patent Public Search tool provides enhanced access to prior art. Use it to conduct thorough searches, and take advantage of its modern interfaces and flexible capabilities to improve your search process[4].

What is the role of the Application Readiness Review Form (ARRF) in patent quality?

The ARRF helps determine whether an applicant has provided enough information and details for an effective application. It scores applications based on various characteristics that impact quality and pendency[1].

Why is stakeholder input important in patent policy?

Stakeholder input ensures that all perspectives are considered, leading to more balanced and effective policies. For example, the ACUS study on small claims patent courts involved extensive stakeholder engagement to understand the needs and concerns of various stakeholders[2].

How can Claim Charts and scope concepts help in patent analysis?

Claim Charts and scope concepts help in categorizing and analyzing large numbers of patent claims. They provide a powerful tool for filtering, searching, and accurately analyzing patent claims, making it easier to identify gaps and opportunities in the patent landscape[3].

Sources

1. GAO Report: Intellectual Property: Patent Office Should Define Quality, Reassess Incentives, and Improve Application Review Process[1].
2. ACUS Study: U.S. Patent Small Claims Court[2].
3. Patent Analytics: Patent Analytics | Intellectual Property Law[3].
4. USPTO Search Tools: Search for patents - USPTO[4].

Drugs Protected by US Patent D459798

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

Foreign Priority and PCT Information for Patent: D459798

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
France	01 1861	Mar 26, 2001