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My U.S. Patent

  • Patent Number: 4605136
    • Date Issued: August 12, 1986
  • The patent is for a tamper resistant seal with a tear tab that fits under the cap of a bottle. The seal allows for the contents of the bottle to remain secured with no way of accessing the inside without tearing off the seal. The seal includes a tab that can be pulled to remove the seal once the product is purchased. This was developed in the fallout of new safety requirements after the Tylenol tampering issues of 1982.[1]

Citations of Conflicting Patents

  • Patch Top Closure Member Including a Monoaxially Oriented Film Layer [2]
    • This patent is of an invention similar to the safety seal described in my patent. The purpose of this invention is to seal a container with a plastic seal that is attached using heat. The seal is removed by pulling on a tab that removes part of the seal, using the remaining part to regulate the amount of contents poured.
    • This patent seems to conflict with my patent when it is analyzed using the ruling from Hotchkiss. The ruling from Hotchkiss is that an invention should not be awarded a patent if it is an adaptation that someone of ordinary skill in the craft could have come up with. The only differences between my patent and this one are that the seal can be completely torn off, it is used to prevent tampering instead of using it to preserve the contents, and the seal is made of foil in the tamper resistant seal. These are all innovations that could have been come up with easily by any engineer looking to apply a seal to ensure the safety of the contents, and the change of material is exactly what the ruling was about in Hotchkiss.
    • Also, this patent makes my patent obvious being invalid when looked at from the point of view A&P. The A&P case ruled that in order to be issued a patent, an invention can not be the combination of other inventions that simply leads to the sum of the parts. This patent shows a seal with a tab. This, combined with previous foil seals and completely removable seals should lead to my invention having a patent withheld. The sum of these parts leads to exactly what you would expect it to, with is what the A&P case rules as not patentable.
    • Also, the law of 35 USC 103 should make my invention un-patentable. According to the code, if someone of ordinary skill could have easily come up with this idea.
  • Tamper Evident Safety Seal [3]
    • This