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Last Updated: December 22, 2024

Details for Patent: 5,382,573


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Summary for Patent: 5,382,573
Title: Hormone preparation and method
Abstract:This invention is concerned with a contraceptive formulation and a method of contraception which employs a combination of estrogen and progestin and wherein a short period of relatively dominant estrogenic activity alternates with a short period of relatively dominant progestagenic activity. The invention also concerns a hormonal replacement formulation and method for use in menopausal or castrate women which employs a similar combination of estrogen and progestin.
Inventor(s): Casper; Robert F. (Toronto, CA)
Assignee: Jencap Research Ltd. (Toronto, CA)
Application Number:08/143,055
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 5,382,573

Introduction

When analyzing a patent, it is crucial to delve into its scope, claims, and the broader patent landscape to fully comprehend its implications and significance. This article will provide a detailed analysis of United States Patent 5,382,573, focusing on its claims, the technological context, and the relevant patent landscape.

Patent Overview

United States Patent 5,382,573, though not directly provided in the sources, can be analyzed using general principles of patent law and the structure typically found in U.S. patents.

Claims Structure

Patent claims are the heart of any patent, defining the scope of the invention and what is protected by the patent. Here are the key aspects to consider:

Independent Claims

Independent claims stand alone and define the invention without reference to other claims. These claims are crucial as they set the broadest scope of the invention[3].

Dependent Claims

Dependent claims refer back to and further limit the independent claims. They often add specific details or features that narrow the scope of the invention, providing additional protection for specific embodiments[3].

Patent Scope

The scope of a patent is determined by its claims and the description provided in the specification.

Judicial Exceptions and Practical Applications

Recent guidance from the USPTO emphasizes the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. This means that claims must go beyond abstract ideas or mere data processing and provide concrete technological improvements[4].

Technological Context

Understanding the technological context in which the patent was filed is essential.

Relevant Technologies

For a patent like 5,382,573, it would be important to identify the relevant technologies and fields it pertains to. This could include any novel methods, systems, or products that the patent introduces or improves upon.

Patent Landscape

The patent landscape includes all related patents, applications, and prior art that could influence the validity and scope of the patent.

Prior Art

Prior art refers to any existing knowledge or inventions that predate the filing of the patent. Analyzing prior art helps in determining the novelty and non-obviousness of the invention claimed in 5,382,573[2].

Related Patents and Applications

Identifying related patents and applications can reveal trends in the field, potential competitors, and areas where the patent might overlap or conflict with other intellectual property.

Economic and Legal Implications

The economic and legal implications of a patent are significant.

Patent Eligibility

Ensuring that the claims of 5,382,573 meet the criteria for patent eligibility is crucial. This involves demonstrating that the invention provides a practical application and is not merely an abstract idea or routine data processing[4].

Litigation and Enforcement

The scope and claims of the patent also play a critical role in litigation and enforcement. A well-defined scope can help in defending against infringement claims and in asserting the patent against infringers.

Practical Applications and Real-World Impact

Highlighting the real-world applications of the claimed method or system can bolster the argument for patent eligibility.

Example from Recent Guidance

For instance, if a claim involves using a mathematical model to manipulate data, it must specify how this data is applied in a way that improves technology or provides a practical application. This could be similar to Claim 2 in the 2024 USPTO guidance update, where the separated audio components are used in a speech recognition system to enhance the accuracy of voice commands[4].

Small Claims Patent Court Considerations

In the context of disputes or litigation, the concept of a small claims patent court could be relevant.

Feasibility and Structure

Studies by ACUS on the feasibility of a small claims patent court highlight the need for a streamlined process to handle smaller-scale patent disputes, which could impact how patents like 5,382,573 are enforced and litigated[5].

Key Takeaways

  • Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of the patent.
  • Practical Applications: Ensuring that claims integrate judicial exceptions into practical applications is essential for patent eligibility.
  • Technological Context: The technological context and relevant technologies must be considered to understand the novelty and non-obviousness of the invention.
  • Patent Landscape: Analyzing prior art and related patents is vital for determining the validity and scope of the patent.
  • Economic and Legal Implications: The scope and claims of the patent have significant economic and legal implications, including litigation and enforcement.

FAQs

Q: What is the primary purpose of patent claims? A: The primary purpose of patent claims is to define the scope of the invention and what is protected by the patent.

Q: How does the USPTO determine patent eligibility? A: The USPTO determines patent eligibility by assessing whether the claims integrate judicial exceptions into practical applications and provide concrete technological improvements.

Q: What is the significance of prior art in patent analysis? A: Prior art is crucial in determining the novelty and non-obviousness of the invention claimed in the patent.

Q: How can a small claims patent court impact patent enforcement? A: A small claims patent court could provide a streamlined process for handling smaller-scale patent disputes, potentially making it easier and less costly to enforce patents.

Q: Why are practical applications important in patent claims? A: Practical applications are important because they transform abstract ideas into patent-eligible subject matter by providing concrete benefits and solving specific problems in the relevant field.

Sources

  1. U.S. Patent and Trademark Office (USPTO)
    • Patent Claims Research Dataset [3].
  2. USPTO Guidance Update on AI Patent
    • Understanding the 2024 USPTO Guidance Update on AI Patent [4].
  3. Administrative Conference of the United States (ACUS)
    • U.S. Patent Small Claims Court [5].

More… ↓

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Drugs Protected by US Patent 5,382,573

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

Foreign Priority and PCT Information for Patent: 5,382,573

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Canada547743Sep 24, 1987
Canada547744Sep 24, 1987

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