Understanding the Scope and Claims of United States Patent 10,814,092
Introduction
United States Patent 10,814,092, granted on October 27, 2020, is a significant patent that involves the delivery of therapeutic gases, particularly nitric oxide (NO). This patent is part of a long series of continuations, indicating a complex and evolving invention. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Continuation History
The patent is a continuation of several earlier applications, starting from 2005. This extensive history suggests that the inventors have been refining and expanding their invention over many years. The patent chain includes applications such as 11/206,305, 12/500,929, 13/298,970, 13/555,567, and 14/107,629, each contributing to the development of the final patented technology[1].
Invention Overview
The patent focuses on a system and method for delivering therapeutic gases, specifically nitric oxide (NO), which is known for its medical benefits, including vasodilation and antimicrobial properties. The invention involves a cartridge system that ensures precise and safe delivery of NO, which is crucial in medical treatments such as respiratory therapy and wound healing[1].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the core components and functionalities of the system, such as the cartridge design, the gas delivery mechanism, and the sensors for monitoring NO and NO2 levels. For example, Claim 1 might describe the overall system, while subsequent independent claims might detail specific aspects like the cartridge structure or the sensor technology[1].
Dependent Claims
Dependent claims build upon the independent claims, providing additional details and limitations. These claims help to narrow down the scope of the invention and ensure that the patent covers specific embodiments without being overly broad. For instance, a dependent claim might specify the materials used in the cartridge or the exact method of gas delivery[1].
Scope of the Patent
The scope of the patent is defined by the claims and is crucial for understanding what is protected and what is not. The independent claims set the broad boundaries, while the dependent claims refine these boundaries. The scope includes:
- Cartridge Design: The specific design of the cartridge that holds and delivers the therapeutic gas.
- Gas Delivery Mechanism: The system by which the gas is delivered to the patient.
- Sensors and Monitoring: The technology used to monitor NO and NO2 levels to ensure safe and effective delivery[1].
Patent Landscape
Relevant Patents and Prior Art
The patent landscape for therapeutic gas delivery systems is complex, with numerous prior patents and ongoing research. Patents like those by Lundy, Higenbottam, and Fine, cited in the patent, indicate a rich history of innovation in this field. Understanding these prior patents is essential for navigating the intellectual property landscape and ensuring that the current patent does not infringe on existing rights[1].
Regulatory Environment
The regulatory environment, particularly the U.S. Patent and Trademark Office (USPTO) guidelines and the Leahy-Smith America Invents Act (AIA), plays a significant role in shaping the patent landscape. The AIA introduced significant changes, including the creation of the Patent Trial and Appeal Board (PTAB), which can impact the validity and scope of patents through administrative challenges[4].
Practical Considerations in Drafting and Prosecuting Patents
Drafting and prosecuting patents in the U.S. is a sophisticated and complex process. Strategies include:
- Careful Claim Drafting: Ensuring that claims are clear, concise, and well-defined to avoid ambiguity and potential litigation.
- Specification and Disclosure: Providing a detailed specification that supports the claims and ensures that the invention is fully disclosed.
- Prosecution Amendments: Being prepared to amend claims during the prosecution phase to redefine the scope of patent protection if necessary[5].
Metrics for Measuring Patent Scope
Researchers have proposed metrics to measure patent scope, such as independent claim length and independent claim count. These metrics can help in assessing the breadth and clarity of the patent claims. For instance, longer independent claims might indicate a more detailed and specific invention, while a higher number of independent claims could suggest a broader scope[3].
Economic and Innovation Impact
The scope and claims of a patent like 10,814,092 can significantly impact innovation and economic incentives. A well-defined patent scope can encourage innovation by providing clear boundaries for what is protected, thereby reducing licensing and litigation costs. However, overly broad patents can stifle innovation by creating barriers to entry for other inventors[3].
Key Takeaways
- Complex Continuation History: The patent is part of a long series of continuations, reflecting ongoing refinement and expansion.
- Specific Claims: The patent includes detailed claims defining the cartridge system, gas delivery mechanism, and sensor technology.
- Regulatory Compliance: The patent must comply with USPTO guidelines and AIA regulations.
- Economic Impact: The patent's scope can influence innovation and economic incentives in the therapeutic gas delivery field.
- Practical Strategies: Careful claim drafting, detailed specification, and prosecution amendments are crucial for successful patent prosecution.
FAQs
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What is the primary focus of United States Patent 10,814,092?
- The primary focus is on a system and method for delivering therapeutic gases, specifically nitric oxide (NO).
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How does the continuation history impact the patent?
- The continuation history indicates a long process of refinement and expansion, contributing to the final patented technology.
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What are the key components of the invention?
- The key components include the cartridge design, gas delivery mechanism, and sensors for monitoring NO and NO2 levels.
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How do regulatory changes like the AIA affect this patent?
- The AIA introduced administrative challenges through the PTAB, which can impact the validity and scope of the patent.
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Why is careful claim drafting important?
- Careful claim drafting ensures clarity, avoids ambiguity, and helps in avoiding potential litigation.
Sources
- United States Patent and Trademark Office. United States Patent 10,814,092.
- United States Patent and Trademark Office. Patent Claims Research Dataset.
- Hoover Institution. Patent Claims and Patent Scope.
- Congressional Research Service. The Patent Trial and Appeal Board and Inter Partes Review.
- Finnegan. Practical Considerations and Strategies in Drafting U.S. Patent Applications.