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Last Updated: December 27, 2024

Details for Patent: 5,256,684


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Summary for Patent: 5,256,684
Title: Methods and compositions for the treatment of gastrointestinal disorders
Abstract:Methods, for the treatment of humans and lower animal subjects having a gastrointestinal disorder, comprising administering bismuth and administering an antimicrobial. From about 50 to about 5000 milligrams of bismuth are administered, per day, for from 3 to 56 days. A safe and effective amount of antimicrobial is administered for from 1 to 21 days. Preferred processes also include a step for performing a diagnostic test on the subject for detection of a campylobacter-like organism infection of the subject. The invention also provides compositions containing a safe and effective amount of bismuth and a safe and effective amount of antimicrobial.
Inventor(s): Marshall; Barry J. (Charlottesville, VA)
Assignee: The Procter & Gamble Company (Cincinnati, OH)
Application Number:07/737,573
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 5,256,684: A Comprehensive Analysis

Introduction

Patents are a cornerstone of innovation, providing inventors and companies with the exclusive rights to their inventions for a specified period. The United States Patent 5,256,684, hereafter referred to as the '684 patent, is an example of such a patent. This article will delve into the details of this patent, including its scope, claims, and the broader patent landscape it operates within.

Background of the '684 Patent

To analyze the '684 patent, it is crucial to understand its background. While the specific details of this patent are not provided in the sources, we can infer general principles from similar patents and patent law.

Patent Ownership and History

Patents like the '684 patent are typically owned by individuals or companies that have developed innovative technologies. These patents often have a complex history, including priority claims from earlier applications and continuations-in-part, as seen in cases like the Cellect patents[1].

Scope of the '684 Patent

The scope of a patent is defined by its claims, which outline the specific aspects of the invention that are protected.

Claims Structure

Patent claims are the heart of any patent, as they define the boundaries of what is protected. Claims can be independent or dependent, with dependent claims building upon independent claims. The clarity and specificity of these claims are critical in determining the scope of the patent[3].

Claim Types

  • Independent Claims: These stand alone and define the invention without reference to other claims.
  • Dependent Claims: These build upon independent claims and further limit the scope of the invention.

Patent Claims Analysis

Analyzing the claims of a patent involves several steps:

Identifying Key Elements

Each claim must be broken down to identify its key elements. This includes understanding the components, processes, or methods described in the claim.

Evaluating Claim Dependency

Dependent claims often add additional limitations to independent claims, which can affect the overall scope of the patent.

Assessing Patent Eligibility

Claims must meet the criteria for patent eligibility, which includes integrating abstract ideas into practical applications, as highlighted in the 2024 USPTO guidance update on AI patents[4].

Practical Applications and Patent Eligibility

For a patent to be eligible, its claims must demonstrate a practical application that goes beyond mere abstract ideas.

Example from USPTO Guidance

The 2024 USPTO guidance update provides examples where claims are evaluated based on their integration into practical applications. For instance, a claim that uses separated audio components in a speech recognition system to improve voice command accuracy is considered patent-eligible because it specifies a practical application[4].

Patent Landscape and Related Patents

The '684 patent operates within a broader patent landscape that includes other related patents and legal frameworks.

Continuations and Priority Claims

Like the Cellect patents, many patents claim priority from earlier applications or are continuations-in-part of other patents. This can affect their patent term and the scope of protection[1].

Anti-Patent Troll Laws

The patent landscape is also influenced by laws aimed at combating patent trolls. These laws, supported by various state Attorneys General, are designed to protect innovators from frivolous patent infringement lawsuits[2].

Economic and Legal Implications

The scope and claims of a patent have significant economic and legal implications.

Economic Impact

Patents can drive innovation and economic growth by providing exclusive rights to inventors. However, they can also stifle innovation if they are overly broad or used to suppress competition.

Legal Considerations

The legal framework surrounding patents is complex and evolving. For instance, the concept of obviousness-type double patenting (ODP) ensures that multiple patents cannot be granted for essentially the same invention[1].

Small Claims Patent Courts

There is ongoing discussion about the establishment of small claims patent courts to make patent litigation more accessible and less costly for smaller entities.

ACUS Study

The Administrative Conference of the United States (ACUS) has conducted a study on the feasibility of a small claims patent court, engaging with various stakeholders and considering legal, policy, and practical implications[5].

Data and Research on Patents

The USPTO provides extensive datasets and research on patent claims, which can be used to analyze trends and scope in patenting.

Patent Claims Research Dataset

The USPTO's Patent Claims Research Dataset offers detailed information on claims from US patents granted between 1976 and 2014, providing insights into claim-level and document-level statistics[3].

Key Takeaways

  • Patent Scope: The scope of a patent is defined by its claims, which must be clear and specific.
  • Practical Applications: Claims must integrate abstract ideas into practical applications to be patent-eligible.
  • Economic and Legal Implications: Patents have significant economic and legal implications, including driving innovation and protecting against patent trolls.
  • Small Claims Patent Courts: There is a growing interest in establishing small claims patent courts to make patent litigation more accessible.
  • Data and Research: Extensive datasets are available to analyze patent trends and scope.

FAQs

What is the importance of patent claims in defining the scope of a patent?

Patent claims are crucial as they define the specific aspects of the invention that are protected, setting the boundaries of what is exclusive to the patent holder.

How do anti-patent troll laws impact the patent landscape?

Anti-patent troll laws protect innovators from frivolous patent infringement lawsuits, ensuring that patents are used to promote innovation rather than stifle it.

What is the role of the USPTO in evaluating patent eligibility?

The USPTO evaluates patent eligibility by ensuring that claims integrate abstract ideas into practical applications, as outlined in recent guidance updates.

What is the significance of the Patent Claims Research Dataset?

The Patent Claims Research Dataset provides detailed information on claims from US patents, offering insights into claim-level and document-level statistics, which can be used to analyze trends in patenting.

Why is there a need for small claims patent courts?

Small claims patent courts are proposed to make patent litigation more accessible and less costly for smaller entities, promoting innovation by reducing the financial barriers to patent enforcement.

Sources

  1. In re Cellect, LLC, United States Court of Appeals for the Federal Circuit, August 28, 2023.
  2. Attorney General Josh Stein Leads Coalition Fighting Against Patent Trolls, North Carolina Department of Justice.
  3. Patent Claims Research Dataset, United States Patent and Trademark Office.
  4. Understanding the 2024 USPTO Guidance Update on AI Patent, Mintz.
  5. U.S. Patent Small Claims Court, Administrative Conference of the United States.

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Drugs Protected by US Patent 5,256,684

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 5,256,684

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 135582 ⤷  Subscribe
Austria 318144 ⤷  Subscribe
Austria 81010 ⤷  Subscribe
Australia 5859586 ⤷  Subscribe
Australia 588601 ⤷  Subscribe
Belgium 904921 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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