Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 10,004,743
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 10,004,743, using it as a case study to explain the key elements of a patent document.
Structure of a U.S. Patent Document
A U.S. patent document is structured in a specific way to provide comprehensive information about the invention.
Front Page
The front page of a patent document contains essential bibliographic data identified by INID codes. These codes include:
- Document Number: Indicates the patent number, with prefixes like "US" and codes like "B2" signifying a previously published application[1].
- Document Type: Specifies that it is a patent.
- Application Number: The number assigned to the patent application.
- Date of Application: The date when the patent application was filed.
- Date of Patent: The date when the patent was granted.
- IPC Classification: International Patent Classification.
- National Classification: Specific classification codes, such as "H04M 1/0235" for slidable or telescoping telephones[1].
Title and Abstract
- Title of the Invention: A brief title describing the invention, limited to 500 characters or less[1].
- Abstract: A non-technical summary of the invention, providing a general overview[1].
Drawings
The drawings section includes black and white drawings that illustrate the technical details of the invention. These drawings must conform to specific drafting guidelines and are labeled clearly to help the reader understand the invention’s design and use[1].
Specification
The specification is a detailed written description of the invention. It includes:
- Related Prior Art: Discussion of previously issued patents and other relevant publications.
- Description of Drawings: An explanation of the drawings and their components.
- Technical Problem and Solution: How the invention addresses a specific technical problem.
- Preferred Embodiment: The most preferred way the invention is implemented[1].
Claims
The claims section is critical as it defines the legal boundaries of the invention.
Types of Claims
- Independent Claims: Standalone claims that do not depend on other claims.
- Dependent Claims: Claims that build upon independent claims, often narrowing the scope[3].
Claim Structure
Claims typically start with phrases like "I claim" or "What is claimed" followed by numbered claims. For example, in United States Patent 10,004,743, the first claim might describe the invention in detail, such as:
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; and
a high frequency chassis resonator coupled to the low frequency shield and adapted to increase high frequency sensitivity of the antenna.
This structure defines the scope of protection for the patent[1].
Measuring Patent Scope
Patent scope is a crucial aspect of patent quality debates. Two simple metrics often used to measure patent scope are:
- Independent Claim Length: The length of independent claims can indicate the breadth of the patent.
- Independent Claim Count: The number of independent claims can also reflect the scope of the patent[3].
Impact of Examination Process
The examination process can significantly narrow the scope of patent claims. Studies have shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
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 individually-parsed claims, claim-level statistics, and document-level statistics, offering insights into patent scope and trends[2].
Assignee, Inventors, and Patent Attorneys
- Assignee: The owner of the patent at the time it was issued, which can be a person, company, or organization[1].
- Inventors: The individuals who created the invention.
- Patent Attorneys: The professionals who assisted in the patent application process[1].
Term Adjustment
The term of a patent can be adjusted due to processing delays. For example, the term of the patent might be extended by a certain number of days to compensate for delays in the examination process[1].
Practical Implications
Understanding the scope and claims of a patent is vital for several reasons:
- Innovation Incentives: Broad or overly broad patents can diminish innovation incentives due to increased licensing and litigation costs[3].
- Legal Boundaries: Clearly defined claims help in establishing the legal boundaries of an invention, similar to how a property deed defines physical boundaries[1].
Case Study: United States Patent 10,004,743
While the specific details of United States Patent 10,004,743 are not provided here, the analysis above applies broadly to any U.S. patent. Here is how you might apply this analysis:
Claims Analysis
- Review the claims to understand the legal boundaries of the invention.
- Analyze the independent and dependent claims to gauge the patent's scope.
Specification and Drawings
- Read the specification to understand the technical details and how the invention solves a specific problem.
- Examine the drawings to visualize the invention’s design and use.
Bibliographic Data
- Check the front page for bibliographic data, including the application number, date of application, and IPC classification.
Key Takeaways
- Patent Structure: Understand the components of a U.S. patent document, including the front page, drawings, specification, and claims.
- Claims Definition: Recognize that claims define the legal boundaries of the invention.
- Patent Scope: Use metrics like independent claim length and count to measure patent scope.
- Examination Process: Be aware that the examination process can narrow the scope of patent claims.
- Practical Implications: Clearly defined claims are crucial for innovation incentives and legal clarity.
FAQs
What is the purpose of the drawings in a U.S. patent?
The drawings illustrate the technical details of the invention, helping the reader understand its design and use. They must conform to specific drafting guidelines and are labeled clearly[1].
How do claims define the scope of a patent?
Claims define the legal boundaries of the invention, with independent claims standing alone and dependent claims building upon them. The number and length of claims can indicate the breadth of the patent[1][3].
What metrics are used to measure patent scope?
Common metrics include independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the patent[3].
How does the examination process affect patent claims?
The examination process tends to narrow the scope of patent claims, with narrower claims at publication associated with a higher probability of grant and a shorter examination process[3].
What is the significance of the assignee in a patent document?
The assignee is the owner of the patent at the time it was issued, which can be a person, company, or organization. This information is crucial for understanding who has the rights to the invention[1].
