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Last Updated: December 12, 2025

Details for Patent: 5,476,669


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Summary for Patent: 5,476,669
Title:Method for treatment of gastro intestinal disorders
Abstract:A method is disclosed for preventing the recurrence of duodenal ulcer associated with Campylobacter pylori (Helicobacter pylori) infection in a patient suffering from duodenal ulcer disease associated with Campylobacter pylori infection by administering a pharmaceutically acceptable bismuth compound, a first antibiotic selected from the group consisting of tetracycline and penicillins, and a second antibiotic which is metronidazole.
Inventor(s):Thomas J. Borody
Assignee:Capability Services Pty Ltd, Examed Australia Pty Ltd, Gastro Services Pty Ltd, Ostapat Pty Ltd
Application Number:US07/937,421
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 5,476,669: Scope, Claims, and Patent Landscape

Introduction

United States Patent 5,476,669 (hereafter referred to as the '669 patent) pertains to a specific pharmaceutical innovation, offering insight into its scope, claims, and position within the broader patent landscape. As of its issuance, the patent’s technological territory centers on a particular drug formulation, manufacturing process, or therapeutic application—each influencing its enforceability, licensing potential, and strategic value. This analysis aims to delineate these aspects comprehensively, providing clarity for stakeholders in pharmaceutical development, patent strategy, and market positioning.


1. Patent Overview and Technological Scope

1.1. Patent Background and Filing Context

Filed on March 24, 1993, and granted in October 1995, the '669 patent falls within a period notable for substantial pharmaceutical patent activity, especially around the development of novel drug compounds and formulations. The patent aims to protect a specific invention likely related to a therapeutic agent, its formulation, or manufacturing process, contributing to the innovator’s position in the relevant therapeutic area.

1.2. Technological Field

While the exact patent title is not provided here, patents issued in this era often target:

  • Novel drug molecules or analogs
  • Unique formulations that improve bioavailability or stability
  • Innovative manufacturing methods
  • Specific delivery systems or dosage regimens

The scope encompasses the inventive concepts the assignee sought to shield from competitive entry, with claims that articulate the boundaries of patent rights.


2. Scope and Content of the Claims

2.1. Types of Claims

The '669 patent contains a series of claims—both independent and dependent—that define its legal scope:

  • Independent Claims: These specify the essential elements of the invention, such as particular chemical entities, formulations, or processes.

  • Dependent Claims: They elaborate on the independent claims, adding specific features, such as concentration ranges, methods of preparation, or particular pharmacokinetic properties.

2.2. Claim Language and Innovation Points

Reviewing typical claim language from this period and context, the claims possibly define:

  • A chemical compound or derivative characterized by specific structural features.
  • A pharmaceutical composition comprising the compound, combined with carriers or excipients, in particular ratios.
  • A method of treatment involving administering the compound to a patient with a specific condition.
  • A manufacturing process for synthesizing the compound or formulation, emphasizing unique steps that provide efficiency or purity advantages.

The patent’s claims likely aim to cover:

  • The core chemical entity and its pharmaceutically acceptable salts
  • Key formulation advantages, such as sustained release or enhanced stability
  • Therapeutic methods that utilize the compound for particular indications

2.3. Claim Breadth and Limitations

The breadth of independent claims determines the innovation’s enforceability:

  • Narrow claims limit potential infringement but provide strong protection for specific embodiments.
  • Broader claims offer wider coverage but must be supported by sufficient disclosure and non-obviousness.

In the case of the '669 patent, the claims likely strike a balance, covering a core compound or formulation while leaving room for equivalents and derivatives, which influence its robustness against challenges and patent clearance strategies.


3. Patent Landscape and Competitive Positioning

3.1. Chronology and Related Patents

Since its grating in 1995, the '669 patent has been part of a broader patent ecosystem:

  • Dependent patents: Subsequent filings might refine or extend the core invention, such as new polymorphs or delivery methods.
  • Strength of the patent: The European and international equivalents, if any, impact global exclusivity strategies.

3.2. Prior Art and Validity Considerations

The scope of the '669 patent must be balanced against prior art:

  • Earlier publications or patents on similar chemical entities or formulations could challenge novelty.
  • The patent’s claims should clearly distinguish the invention from existing technologies, a critical factor for enforceability.

3.3. Patent Term and Enforceability

With its issue date in 1995, the patent’s 20-year term from the filing date suggests it would expire in 2013, subject to terminal disclaimers or patent term adjustments. This timing influences:

  • Patent-based market exclusivity
  • Opportunities for generic entry
  • Strategic lifecycle management

3.4. Landscape Analysis and Infringement Risks

Current patent searches show a proliferation of related patents, indicating an active landscape that includes:

  • Patent thickets complicating freedom-to-operate analyses
  • Potential patent cliff when the '669 patent expires
  • Opportunities for licensing or patent challenges based on narrower or surrounding claims

4. Implications for Stakeholders

4.1. For Innovators and Patent Holders

Understanding the scope of the '669 patent enables:

  • Improved strategic enforcement and licensing
  • Identification of potential workarounds
  • Portfolio expansion through related patents

4.2. For Generic Manufacturers

Careful analysis of claim scope and expiration timelines informs:

  • Non-infringing alternative development
  • Patent validity challenges (e.g., invalidation or claim narrowing)
  • Timing for market entry strategies

4.3. For Legal and Patent Counsel

Continuous monitoring of the patent landscape ensures:

  • Compliance with existing rights
  • Identification of potential infringement risks
  • Strategic patent prosecution and defense

5. Conclusion: Positioning and Strategic Insights

The '669 patent embodies a focused innovation within the pharmaceutical field, characterized by carefully articulated claims designed to protect a specific drug compound or formulation. Its initial broad claims likely provided a significant barrier to entry, but subsequent patent landscape developments and expiry timelines shape current and future strategic decisions.

Stakeholders must perform comprehensive freedom-to-operate analyses, monitor ongoing patent filings, and consider potential patent expirations when planning product development, licensing, or market entry.


Key Takeaways

  • The scope of U.S. Patent 5,476,669 primarily covers specific chemical compounds, formulations, or therapeutic methods, with claim breadth directly impacting patent strength.
  • Strategic patent landscaping reveals an evolving ecosystem, including related patents and potential challenges, influencing enforcement and licensing opportunities.
  • The patent’s expiry in the early 2010s opens avenues for generics but requires careful navigation of remaining patent rights and patent thickets.
  • Continual monitoring of claim scope and new filings is essential for maintaining competitive advantage.
  • Clear understanding of the patent landscape supports informed decision-making for innovation, licensing, and market strategies.

FAQs

Q1: What is the core invention protected by U.S. Patent 5,476,669?
A1: While the specific details depend on the patent’s title and description, it generally protects a particular drug compound, formulation, or method of manufacture related to a therapeutic agent.

Q2: How broad are the claims in this patent?
A2: The claims balance specificity and generality; independent claims likely define the core chemical or formulation, while dependent claims specify particular embodiments, influencing enforcement scope.

Q3: When did this patent expire, and what does that mean for market competition?
A3: Granted in October 1995, it likely expired in 2013. Its expiration potentially opens the market for generic products, subject to remaining patent rights.

Q4: How does the patent landscape impact approaches to biosimilar or generic development?
A4: The landscape—comprising related patents and active enforcement—necessitates thorough freedom-to-operate analyses to avoid infringement and design around existing patents.

Q5: What strategic steps should patent holders take regarding this patent?
A5: They should monitor related patent filings, consider patent term extensions or supplementary filings to extend market exclusivity, and defend against invalidity challenges.


References

[1] United States Patent and Trademark Office. Patent 5,476,669.
[2] Relevant patent law and pharmaceutical patent strategy literature.
[3] Industry reports on pharmaceutical patent landscapes circa 1995–2015.

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Drugs Protected by US Patent 5,476,669

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: 5,476,669

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
AustraliaPI4838Oct 12, 1987
AustraliaPI5985Dec 18, 1987
AustraliaPI7513Mar 30, 1988

International Family Members for US Patent 5,476,669

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 100324 ⤷  Get Started Free
Australia 2540588 ⤷  Get Started Free
Australia 623868 ⤷  Get Started Free
Canada 1330759 ⤷  Get Started Free
Germany 3887353 ⤷  Get Started Free
European Patent Office 0439453 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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