Patent Discussion #2

In this post, I will be returning to my discussion earlier regarding the listed patents associated with beverage sleeves and insulation.  However, here, I will be discussing my personal view on the anticipation and obviousness factor of each patent.

First, I want to lay out what exactly I mean when saying “anticipation” and “obviousness” of a patent.  Both terms are aspects that can result in the decline of a patent application in several ways.  Anticipation refers to what is listed in a previous patent, so as not to grant a second patent for an idea already claimed.  When an application for a patent is requested, it must not replicate any of the specs listed in a previous patent either explicitly or inherently.  Therefore, an anticipated patent is not really a patent at all.  It is simply a design that has already been listed under a previously granted patent.

Next, an obvious patent is simply another version of a previous patent.  When a patent is requested, it must substantially differentiate itself from a pre-existing patent.  It doesn’t make concrete sense to issue a patent for a general design of something that has already been granted patent rights.  By doing so, the patent system would be meaningless such that the whole goal of a patent is to protect intellectual property.  Based from these two types of patents, we can summarize that a patent is only granted if and only if the application is in fact original, and not identical to any previously issued patents. 

Applying these concepts to the patents listed in my previous discussion, we can follow the chronological trail that continuously improves the use of beverage sleeves.  First, the thermal coffee cup was the basic framework designed in 1948.  From that, in 1999, we can see its evolution to adding heat activated glue-dots to improve insulation.  Once the cup itself had been properly insulated, we moved on to the theme of beverage sleeves with the “Insulating Sleeve.”   This sleeve provided air gaps between the cup and the sleeve to allow heat to escape from exterior of the cup.  Better sleeves were then developed that provided grip, different layers for several different purposes, to finally a sleeve that can inform the consumer as to the temperature of the beverage inside the container. 

As time progressed, better and better designs and techniques began to be developed and expand on its predecessor.  These patents and applications, though improving on each other, are neither obvious nor anticipated and were thus granted patent rights.  From the basic “Thermal Coffee Cup” to the “Temperature Indicating Sleeve and Related Container”, each patent has achieved the ability to better insulate beverages and provide convenience to consumers in the forms of better grips and temperature gauges.