Details for Patent: D468424

Summary for Patent: D468424

Title:	Swabstick
Abstract:
Inventor(s):	Levesque; Stephane (Boisbriand, CA)
Assignee:	Les Enterprises Solumed Inc. (Laval, CA)
Application Number:	D/146,635
Patent Claim Types: see list of patent claims	Device;

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

Introduction

Patents are a crucial component of intellectual property protection, providing inventors with exclusive rights to their creations. This article delves into the scope and claims of U.S. patents, using the context of a specific patent as an example, and explores the broader patent landscape in the United States.

What is a Patent?

A patent is a grant of exclusive rights to an inventor for a new and useful invention. In the U.S., patents are issued by the U.S. Patent and Trademark Office (USPTO) and can cover a wide range of inventions, including designs, mechanical devices, software programs, and commercial products[1].

Types of Patents

There are several types of patents, each protecting different aspects of an invention:

Utility Patents

These patents protect the functional aspects of an invention, i.e., how something works. They are the most common type of patent and are granted for new and useful processes, machines, manufactures, or compositions of matter[1].

Design Patents

Design patents protect the visual ornamental characteristics of an invention, such as its shape or appearance. They are often used in conjunction with utility patents to provide comprehensive protection[1].

Plant Patents

These patents protect new and distinct plant varieties, including hybridized plants like roses[1].

Trademarks

While not a type of patent, trademarks are important for protecting the symbols, names, and logos used in commercial activities. They are often filed in conjunction with new products and processes[1].

Patent Claims

Patent claims are the heart of a patent application, defining the scope of the invention for which protection is sought. These claims must be clear, concise, and supported by the description of the invention.

Importance of Claims

The claims in a patent application determine the boundaries of what is protected. They must be carefully crafted to ensure that the invention is adequately protected without being overly broad or vague[3].

Example: Patent D468424

To illustrate, let's consider a hypothetical patent with the number D468424. While specific details of this patent are not provided, we can generalize based on common practices:

• Utility Patent Claims: If D468424 is a utility patent, its claims would describe the functional aspects of the invention. For example, if it is a software patent, the claims might detail specific algorithms or methods used in the software.
• Design Patent Claims: If it is a design patent, the claims would focus on the visual aspects of the invention, such as its shape, configuration, or ornamental design.

Patent Scope and Landscape

Technology Areas

The USPTO classifies patents into various technology areas, which helps in analyzing trends in patenting. For instance, electrical and mechanical engineering patents make up a significant portion of USPTO patents, with electrical engineering patents more than doubling between 2000 and 2018 due to advancements in information and communication technologies (ICT)[1].

Geographic Distribution

Patents are allocated geographically based on the inventor's location. This data helps in understanding the regional focus of innovation and the distribution of inventive activity across different parts of the country[1].

International Comparisons

The World Intellectual Property Organization (WIPO) classification system allows for international comparisons of patent trends. This system categorizes patents into 35 technical fields, enabling a detailed analysis of global innovation patterns[1].

Patent Examination Process

The patent examination process is crucial in ensuring that patents are granted for inventions that meet the criteria of being new, useful, and nonobvious.

Restriction Requirements

During the examination process, the USPTO may issue restriction requirements if an application contains multiple independent and distinct inventions. This is to ensure that each invention is examined separately to maintain the integrity of the patent system[2].

Example: Hyatt v. USPTO

In the case of Hyatt v. USPTO, the court upheld the USPTO's decision to impose a restriction requirement on patent claims that were significantly amended years after the initial filing. This decision highlights the importance of timely disclosure of all claims related to an invention[2].

Patent Litigation and Infringement

Patent litigation is a significant aspect of the patent landscape, often arising from disputes over patent infringement.

Factors Affecting Litigation

Stakeholders in patent litigation identify several key factors contributing to recent patent infringement lawsuits, including the volume and characteristics of litigation activity, judicial system developments, and actions taken by the USPTO to improve patent quality[4].

Enhancing Patent Quality

Efforts to enhance patent quality include examining trends in patent infringement litigation and linking this information to internal data on patent examination. This helps in identifying potential issues early in the patent process[4].

Data and Research

The USPTO provides extensive datasets and research tools to analyze patent trends and claims.

Patent Claims Research Dataset

The Patent Claims Research Dataset contains detailed information on claims from U.S. patents granted between 1976 and 2014. This dataset helps in understanding the scope and complexity of patent claims over time[3].

Key Takeaways

• Patent Types: Understanding the different types of patents (utility, design, plant, and trademarks) is crucial for effective intellectual property protection.
• Claims: Patent claims define the scope of the invention and must be carefully crafted to ensure adequate protection.
• Technology Areas: Patents are classified into various technology areas, which helps in analyzing trends and geographic distribution of innovation.
• Examination Process: The patent examination process, including restriction requirements, ensures that patents are granted for valid inventions.
• Litigation: Patent litigation is influenced by various factors, and efforts to enhance patent quality are ongoing.

FAQs

What is the primary purpose of patent claims?

Patent claims define the scope of the invention for which protection is sought, outlining what is new and unique about the invention.

How are patents classified in the U.S.?

Patents in the U.S. are classified into various technology areas based on the World Intellectual Property Organization (WIPO) classification system, which includes 35 technical fields.

What is a restriction requirement in patent examination?

A restriction requirement is issued when a patent application contains multiple independent and distinct inventions, requiring each invention to be examined separately.

How does the USPTO enhance patent quality?

The USPTO enhances patent quality by examining trends in patent infringement litigation and linking this information to internal data on patent examination.

What is the significance of the Patent Claims Research Dataset?

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

Sources

1. Invention: U.S. and Comparative Global Trends - National Science Foundation.
2. Hyatt v. United States Patent and Trademark Office - U.S. Court of Appeals for the Federal Circuit.
3. Patent Claims Research Dataset - U.S. Patent and Trademark Office.
4. Assessing Factors That Affect Patent Infringement Litigation - U.S. Government Accountability Office.

Drugs Protected by US Patent D468424

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