Details for Patent: 8,946,252

Which drugs does patent 8,946,252 protect, and when does it expire?

Patent 8,946,252 protects XIFAXAN and is included in one NDA.

This patent has forty-six patent family members in twenty countries.

Summary for Patent: 8,946,252

Title:	Methods of treating traveler's diarrhea and hepatic encephalopathy
Abstract:	Treatment of traveler's diarrhea using in subjects having hepatic encephalopathy using gastrointestinal specific antibiotics is disclosed. One example of a gastrointestinal specific antibiotic is rifaximin.
Inventor(s):	Forbes; William (Raleigh, NC), Bortey; Enoch (Chapel Hill, NC)
Assignee:	Salix Pharmaceuticals, Ltd (Raleigh, NC)
Application Number:	13/654,978
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 8,946,252
Patent Claim Types: see list of patent claims	Use; Dosage form;

Understanding the Scope and Claims of United States Patent 8,946,252

Introduction

United States Patent 8,946,252, titled "Methods of treating traveler's diarrhea and hepatic encephalopathy," is a patent that outlines specific medical treatments. To analyze the scope and claims of this patent, it is essential to delve into its details, including the background, claims, classifications, and the broader patent landscape.

Background

The patent, filed as US13/654,978, was granted on February 3, 2015. It pertains to methods for treating traveler's diarrhea and hepatic encephalopathy using gastrointestinal-specific antibiotics, such as rifaximin[4].

Claims

The patent includes several claims that define the scope of the invention. Here are some key aspects:

Independent Claims

Independent claims are crucial as they define the broadest scope of the invention. For US 8,946,252, these claims typically involve the administration of specific antibiotics to subjects suffering from traveler's diarrhea and hepatic encephalopathy.

Dependent Claims

Dependent claims narrow down the scope by adding additional limitations to the independent claims. These might include specific dosages, administration methods, or patient populations.

Classification

The patent is classified under various International Patent Classification (IPC) categories, which help in understanding its technical field:

• A61K: Preparations for medical, dental, or toilet purposes.

  • A61K31/00: Medicinal preparations containing organic active ingredients.
  • A61K31/33: Heterocyclic compounds.
  • A61K31/395: Heterocyclic compounds having nitrogen as a ring hetero atom, e.g., guanethidine or rifamycins[4].

• A61P: Specific therapeutic activity of chemical compounds or medicinal preparations.

  • A61P1/00: Drugs for disorders of the alimentary tract or the digestive system.
  • A61P1/12: Antidiarrhoeals[4].

Patent Scope

The scope of a patent is a critical aspect that determines its breadth and the extent to which it can be enforced. For US 8,946,252, the scope is defined by the claims and the descriptions provided in the patent document.

Metrics for Measuring Patent Scope

Research suggests that metrics such as independent claim length and independent claim count can be used to measure patent scope. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].

Prior Art and Citations

Prior art citations are essential in understanding the novelty and non-obviousness of the invention. The Common Citation Document (CCD) application, for instance, consolidates prior art cited by all participating offices for the family members of a patent application, helping to visualize the search results on a single page[1].

Global Patent Landscape

To fully understand the patent landscape, it is crucial to look beyond the U.S. patent system. International databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) offer insights into similar patents filed globally.

• European Patent Office (EPO): Provides access to Europe's patent databases through esp@cenet, including machine translations for some languages[1].
• Japan Patent Office (JPO): Offers machine translations of Japanese patents[1].
• World Intellectual Property Organization (WIPO): Features the PATENTSCOPE® Search Service, which includes full-text search of published international patent applications and machine translations for some documents[1].

Search and Analysis Tools

Several tools are available for searching and analyzing patents, which can help in understanding the scope and claims of US 8,946,252:

• Patent Public Search: A web-based patent search application that replaced legacy search tools, providing enhanced access to prior art[1].
• Global Dossier: A service that allows users to see the patent family for a specific application, including related applications filed at participating IP Offices[1].
• Patent Examination Data System (PEDS): Provides public users with the ability to search, view, and download bibliographic data for all publicly available patent applications[1].

Legal Status and Enforcement

The legal status of a patent, such as whether it is active or expired, is crucial for understanding its current enforceability. As of the current date, the legal status of US 8,946,252 would need to be verified through the USPTO or other reliable sources.

Key Takeaways

• Claims and Scope: The patent's claims define its scope, with independent claims being the broadest and dependent claims narrowing it down.
• Classification: The patent is classified under specific IPC categories related to medical preparations and therapeutic activities.
• Global Landscape: Understanding similar patents globally through international databases is essential.
• Search Tools: Utilizing tools like Patent Public Search, Global Dossier, and PEDS can aid in comprehensive patent analysis.
• Legal Status: Verifying the current legal status of the patent is crucial for enforcement.

FAQs

1. What is the main subject of United States Patent 8,946,252?

   • The main subject is methods for treating traveler's diarrhea and hepatic encephalopathy using gastrointestinal-specific antibiotics.

2. How can one search for similar patents globally?

   • One can use international databases such as those provided by the EPO, JPO, and WIPO.

3. What are the key metrics for measuring patent scope?

   • Independent claim length and independent claim count are simple metrics used to measure patent scope.

4. What tools are available for searching and analyzing patents?

   • Tools include Patent Public Search, Global Dossier, and the Patent Examination Data System (PEDS).

5. How can one verify the legal status of a patent?

   • The legal status can be verified through the USPTO or other reliable sources such as the patent's official documentation.

Sources

1. USPTO - Search for patents
2. USA.gov - U.S. Patent and Trademark Office (USPTO)
3. SSRN - Patent Claims and Patent Scope
4. Google Patents - US8946252B2

Drugs Protected by US Patent 8,946,252

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Salix Pharms	XIFAXAN	rifaximin	TABLET;ORAL	021361-002	Mar 24, 2010		RX	Yes	Yes						REDUCTION IN RISK OF OVERT HEPATIC ENCEPHALOPATHY (HE) RECURRENCE

International Family Members for US Patent 8,946,252

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2009298389
Australia	2010260089
Australia	2010271070