United States Patent 5,013,743: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,013,743, titled "Selective antibacterial agent against campylobacter," is a significant patent in the field of pharmaceuticals, particularly in the treatment and prevention of infectious diseases caused by the genus Campylobacter. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, issued on April 30, 1991, describes a method and composition for preventing or treating infectious diseases caused by Campylobacter bacteria. The invention is centered around a specific compound and its pharmacologically acceptable salts, which exhibit excellent antibacterial activities against Campylobacter species, including Campylobacter pylori[4].
Scope of the Patent
The scope of the patent is defined by the claims, which outline the specific aspects of the invention that are protected.
Claims Overview
The patent includes several claims that detail the composition and method of use of the antibacterial agent.
- Composition Claims: These claims describe the chemical structure of the compound, including the various substituents and pharmacologically acceptable salts. For example, the compound is defined by the formula (I), where R1, R2, R3, and R4 are specified groups, and n denotes 0 or 1[4].
- Method Claims: These claims outline the method for preventing or treating infectious diseases caused by Campylobacter by administering the compound or its pharmacologically acceptable salts[4].
Key Components of the Claims
- Chemical Structure: The compound is characterized by its specific chemical formula and the possible variations of its substituents.
- Pharmacologically Acceptable Salts: The patent includes claims for salts of the compound, such as those of alkali metal or alkaline earth metal, which are pharmacologically acceptable[4].
- Method of Administration: The method claims specify the use of the compound or its salts in preventing or treating Campylobacter-related infections.
Patent Landscape
Prior Art and Related Patents
The patent cites several prior art references, including European and British patents, which describe methods for producing similar compounds and their antibacterial activities. For instance, European Patent No. 174726 and British Patent No. 2134523 are mentioned as providing methods analogous to those used in the present invention[4].
Global Dossier and International Patent System
While the patent itself is specific to the United States, the Global Dossier system, which is part of the international patent system, allows for the tracking of related patent applications across participating IP offices. This system can provide insights into how similar inventions are treated globally, although it is not directly applicable to this specific patent[1].
Patent Term and Extension
The patent term for U.S. Patent 5,013,743 has expired, as it was not eligible for patent term extension under 35 U.S.C. § 156. This means that the invention is now in the public domain, and the protected period during which the patent holder had exclusive rights to the invention has ended[5].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset, which includes detailed information on claims from U.S. patents, can provide insights into the scope and trends of patent claims over time. While this dataset does not specifically analyze U.S. Patent 5,013,743, it offers a broader context on how patent claims are structured and their impact on patent scope[3].
Economic Impact
The invention described in U.S. Patent 5,013,743 has significant economic implications, particularly in the pharmaceutical industry. The development and commercialization of antibacterial agents can lead to substantial economic benefits, both in terms of market share and public health outcomes.
Legal Considerations
Reissue and Scope of Claims
The Federal Circuit's decisions on reissue patents, such as in the case of In Re FLOAT'N'GRILL LLC, emphasize the importance of adhering to the "original patent" requirement under 35 U.S.C. § 251. This means that any reissue claims must be directed to the invention disclosed in the original patent, ensuring that the scope of protection does not exceed what was originally intended[2].
Key Takeaways
- Scope and Claims: The patent protects a specific compound and its pharmacologically acceptable salts, along with the method of using these compounds to treat Campylobacter infections.
- Patent Landscape: The invention is part of a broader landscape of pharmaceutical patents, with prior art references and international implications.
- Economic Impact: The patent has significant economic implications for the pharmaceutical industry and public health.
- Legal Considerations: The patent's scope is subject to legal standards, particularly regarding reissue claims and the original patent requirement.
FAQs
What is the main invention described in U.S. Patent 5,013,743?
The main invention is a method and composition for preventing or treating infectious diseases caused by Campylobacter bacteria using a specific compound and its pharmacologically acceptable salts.
What is the chemical structure of the compound described in the patent?
The compound is defined by the formula (I), with specific substituents and variations outlined in the patent claims[4].
Is U.S. Patent 5,013,743 still in force?
No, the patent term has expired, and the invention is now in the public domain[5].
How does the Global Dossier system relate to this patent?
The Global Dossier system allows for the tracking of related patent applications across participating IP offices, but it is not directly applicable to this specific patent[1].
What are the economic implications of this patent?
The patent has significant economic implications for the pharmaceutical industry, particularly in terms of market share and public health outcomes.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Court of Appeals for the Federal Circuit - In Re FLOAT'N'GRILL LLC: https://cafc.uscourts.gov/opinions-orders/22-1438.OPINION.7-12-2023_2156183.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US5013743A: https://patents.google.com/patent/US5013743A/en
- USPTO - Patent Term Extension: https://www.uspto.gov/web/offices/com/sol/foia/tac/pte/5013743.pdf
