Analyzing the Scope and Claims of a U.S. Patent: A Detailed Guide Using USPTO Resources
Introduction
When analyzing the scope and claims of a U.S. patent, such as US Patent 11,174,247, it is crucial to understand the various tools and resources available through the United States Patent and Trademark Office (USPTO). This article will guide you through the process of conducting a comprehensive analysis using these resources.
Understanding the Patent Document
To begin, you need to obtain the patent document itself. The USPTO provides several ways to access patent documents.
Accessing Patent Documents
- You can use the Patent Public Search tool, which is a modern web-based application that replaced older tools like PubEast and PubWest. This tool offers enhanced access to prior art and allows you to search for patents by various criteria, including patent number, title, and inventor[1].
- For historical patents, resources like the New York Public Library's (NYPL) guides can be helpful, although for recent patents like US 11,174,247, the USPTO website is the primary source[4].
Analyzing Patent Claims
Patent claims are the heart of any patent, defining the scope of the invention.
Patent Claims Research Dataset
The USPTO provides the Patent Claims Research Dataset, which contains detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. While this dataset may not include the specific patent in question, it offers insights into how claims are structured and analyzed. For more recent patents, you would need to directly access the patent document through the USPTO website[3].
Reading and Interpreting Claims
- Open the patent document for US 11,174,247 using the Patent Public Search tool.
- Identify the claims section, which typically starts with "CLAIMS" or "CLAIM 1."
- Each claim defines a specific aspect of the invention. Independent claims stand alone, while dependent claims refer back to an earlier claim.
- Analyze the language and scope of each claim to understand what is protected by the patent.
Understanding the Patent Landscape
The patent landscape includes all related patents and applications that may impact the scope of your patent.
Global Dossier
The Global Dossier service allows you to view the file histories of related applications from participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA). This helps in identifying the patent family for a specific application and understanding how different offices have treated similar inventions[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art cited by all participating offices for the family members of a patent application. This tool is essential for visualizing the search results for the same invention produced by several offices on a single page[1].
Searching International Patent Offices
To ensure your invention is not already patented abroad, you need to search international patent databases. Resources like the European Patent Office's Espacenet, Japan Patent Office, World Intellectual Property Organization (WIPO) PATENTSCOPE, and others provide free online access to patent collections[1].
Additional Tools for Analysis
Patent Official Gazette
The Electronic Official Gazette allows you to browse through issued patents for the current week, categorized by classification or type of patent. This can help in identifying recent patents in the same field[1].
Patent Assignment Search
If you need to track changes in ownership or assignments related to the patent, the Patent Assignment Search website is a valuable resource[1].
Patent Examination Data System (PEDS)
The Patent Examination Data System (PEDS) provides public users with the ability to search, view, and download bibliographic data for all publicly available patent applications. This can offer insights into the examination process and related applications[1].
Historical Context and Prior Art
For a comprehensive analysis, understanding the historical context and prior art is crucial.
Historical Patents
Resources like the NYPL guides and the USPTO's historical patent collections can help you trace the evolution of inventions in your field. For example, the Digest of Patents: 1790 to 1839 and other historical documents provide lists of patents arranged alphabetically by subject or chronologically by issue date[4].
Conducting a Preliminary Search
Step-by-Step Strategy
The USPTO offers a step-by-step strategy for conducting a preliminary U.S. patent search. This includes using the Patent Public Search tool, searching international databases, and consulting resources like the Patent and Trademark Resource Centers (PTRCs)[1].
Public Search Facility and PTRCs
The USPTO Public Search Facility in Alexandria, VA, and local PTRCs provide access to patent and trademark information in various formats. Trained staff are available to assist with search techniques[1].
Key Takeaways
- Access Patent Documents: Use the Patent Public Search tool to access the patent document.
- Analyze Claims: Understand the structure and scope of the claims.
- Patent Landscape: Use Global Dossier and CCD to understand related patents and applications.
- International Search: Search international patent databases to ensure global novelty.
- Historical Context: Use historical resources to understand the evolution of inventions in your field.
- Additional Tools: Utilize tools like the Patent Official Gazette, Patent Assignment Search, and PEDS for a comprehensive analysis.
FAQs
Q: How do I access the full text of a U.S. patent?
A: You can access the full text of a U.S. patent using the USPTO's Patent Public Search tool or through other online resources like Google Patents and the European Patent Office's Espacenet[1][4].
Q: What is the Global Dossier service?
A: The Global Dossier service provides access to the file histories of related applications from participating IP Offices, allowing users to view the patent family for a specific application[1].
Q: How can I search for international patents?
A: You can search for international patents using databases provided by the European Patent Office, Japan Patent Office, World Intellectual Property Organization (WIPO), and other international intellectual property offices[1].
Q: What is the Common Citation Document (CCD)?
A: The CCD consolidates prior art cited by all participating offices for the family members of a patent application, enabling users to visualize search results on a single page[1].
Q: Where can I find historical U.S. patents?
A: Historical U.S. patents can be found through resources like the NYPL guides, the USPTO's historical patent collections, and online archives such as the Hathi Trust[4].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- NYPL Libguides - How to Search for an Historical U.S. Patent: https://libguides.nypl.org/patents/historical_patents
