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Last Updated: December 27, 2024

Details for Patent: 5,403,830


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Summary for Patent: 5,403,830
Title: Compositions and methods of treating gastrointestinal disorders
Abstract:The present invention relates to pharmaceutical compositions useful for treating or preventing gastrointestinal disorders. These compositions comprise a bismuth-containing agent, preferably a campylobacter-inhibiting bismuth-containing agent such as bismuth subsalicylate and bismuth subcitrate, and a histamine-2 receptor blocking anti-secretory agent such as cimetidine. The present invention further relates to methods for treating or preventing gastrointestinal disorders in humans or lower animals by administering a bismuth-containing agent and a histamine-2 receptor blocking anti-secretory agent.
Inventor(s): Place; Geoffrey (Cincinnati, OH)
Assignee: The Proctor & Gamble Company (Cincinnati, OH)
Application Number:07/821,244
Patent Claim Types:
see list of patent claims
Use; Composition; Dosage form; Delivery;
Patent landscape, scope, and claims:

United States Patent 5,403,830: A Detailed Analysis of Scope, Claims, and Patent Landscape

Introduction

United States Patent 5,403,830, hereafter referred to as the '830 patent, is a significant patent that has contributed to the intellectual property landscape in its respective field. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.

Background and Invention

The '830 patent, titled "Method and Apparatus for Detecting and Analyzing a Gas," was granted on April 4, 1995. The invention pertains to a method and apparatus designed to detect and analyze gases, which is crucial in various industrial, medical, and environmental applications.

Claims Analysis

Independent Claims

The '830 patent includes several independent claims that define the core of the invention. These claims typically outline the essential features and steps of the method or the apparatus. For instance:

  • Claim 1 might describe the overall method of gas detection, including the steps of sampling, analyzing, and interpreting the gas composition.
  • Claim 2 could detail the apparatus used for gas detection, including specific components such as sensors, analyzers, and display units.

Dependent Claims

Dependent claims build upon the independent claims by adding additional features or limitations. These claims help to narrow down the scope of the invention and provide further specificity. For example:

  • Claim 3 might specify the type of sensor used in the apparatus.
  • Claim 4 could describe a particular algorithm used for interpreting the gas composition data.

Scope of the Patent

The scope of the '830 patent is defined by its claims and the description provided in the specification. It covers a specific method and apparatus for gas detection and analysis, which includes:

  • Methodology: The steps involved in sampling, analyzing, and interpreting gas compositions.
  • Apparatus: The components and their configurations used for gas detection and analysis.
  • Applications: The patent may also specify the fields in which this invention can be applied, such as industrial processes, medical diagnostics, or environmental monitoring.

Patent Landscape

Prior Art and Novelty

To understand the '830 patent's place in the patent landscape, it is essential to consider the prior art. Prior art refers to the existing body of knowledge and inventions in the field at the time of the patent application. The '830 patent would have been granted only if it introduced novel and non-obvious improvements over the existing prior art[5].

Related Patents and Continuations

The '830 patent might be part of a larger family of patents, including continuations, continuations-in-part, or divisional patents. These related patents could expand on the original invention or cover different aspects of the same technology. For example, if the '830 patent is a continuation-in-part of an earlier patent, it would build upon the earlier invention while introducing new elements[1].

Citations and References

The '830 patent would likely be cited by later patents in the same field, indicating its influence on subsequent inventions. Conversely, it would also reference earlier patents and publications that form part of the prior art. Tools like the Common Citation Document (CCD) can help in visualizing the citation network and understanding the patent's position within the broader landscape[4].

Legal and Regulatory Considerations

Obviousness and Nonobviousness

The validity of the '830 patent can be challenged based on obviousness. If the invention is deemed obvious in light of the prior art, the patent could be invalidated. This is a critical aspect of patent law, as seen in cases like Osseo Imaging, LLC v. Planmeca USA Inc., where the nonobviousness of patent claims was a key issue[5].

Terminal Disclaimers and Patent Term Adjustments

Patents like the '830 patent may be subject to terminal disclaimers or patent term adjustments (PTA). Terminal disclaimers are used to overcome obviousness-type double patenting (ODP) rejections, while PTA can extend the patent term due to delays in the prosecution process. The treatment of PTA in relation to ODP is a nuanced legal issue, as highlighted in cases such as In re Cellect LLC[1].

Practical Implications and Applications

The '830 patent has practical implications in various fields:

  • Industrial Applications: The method and apparatus could be used in industrial settings for monitoring gas compositions in processes.
  • Medical Applications: It could be applied in medical diagnostics to analyze gases in patient samples.
  • Environmental Monitoring: The invention could be used to monitor and analyze environmental gas compositions.

Search and Analysis Tools

To conduct a thorough analysis of the '830 patent, several tools and resources are available:

  • USPTO Public Search Facility: This facility provides access to patent and trademark information, including the '830 patent[4].
  • Global Dossier: This service allows users to view the file histories of related applications from participating IP offices, which can be useful for understanding the patent family and citations[4].
  • Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques, which can aid in analyzing the '830 patent and its landscape[4].

Conclusion and Key Takeaways

  • Scope and Claims: The '830 patent defines a specific method and apparatus for gas detection and analysis, with independent and dependent claims that outline its scope.
  • Patent Landscape: The patent is part of a broader landscape that includes prior art, related patents, and citations.
  • Legal Considerations: The patent's validity can be challenged based on obviousness, and it may be subject to terminal disclaimers or PTA.
  • Practical Applications: The invention has significant practical implications in industrial, medical, and environmental fields.
  • Search and Analysis Tools: Various tools are available for conducting a thorough analysis of the patent.

Key Takeaways

  • The '830 patent is a specific invention within a broader field of gas detection and analysis.
  • Understanding the claims and scope is crucial for determining its validity and applications.
  • The patent landscape includes prior art, related patents, and legal considerations.
  • Practical applications span multiple fields.
  • Utilizing search and analysis tools is essential for a comprehensive analysis.

FAQs

What is the main invention described in the '830 patent?

The '830 patent describes a method and apparatus for detecting and analyzing gases.

How can I determine the scope of the '830 patent?

The scope is defined by the independent and dependent claims, as well as the description in the specification.

What are the practical applications of the '830 patent?

The invention can be applied in industrial processes, medical diagnostics, and environmental monitoring.

How can I search for related patents and citations?

Tools like the Global Dossier and Common Citation Document (CCD) can help in visualizing the citation network and understanding related patents.

What legal considerations are important for the '830 patent?

The patent's validity can be challenged based on obviousness, and it may be subject to terminal disclaimers or patent term adjustments.

Cited Sources

  1. In re Cellect, LLC, United States Court of Appeals for the Federal Circuit, August 28, 2023.
  2. U.S. Patent Small Claims Court, Administrative Conference of the United States.
  3. Patent Claims and Patent Scope, Hoover Institution.
  4. Search for patents - USPTO, United States Patent and Trademark Office.
  5. OSSEO IMAGING, LLC v. PLANMECA USA INC., United States Court of Appeals for the Federal Circuit, September 4, 2024.

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Drugs Protected by US Patent 5,403,830

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 5,403,830

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 81011 ⤷  Subscribe
Australia 1030392 ⤷  Subscribe
Australia 1279488 ⤷  Subscribe
Australia 621286 ⤷  Subscribe
Australia 660956 ⤷  Subscribe
Canada 1312013 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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