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Last Updated: December 6, 2025

Patent: 4,496,537


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Summary for Patent: 4,496,537
Title: Biologically stable alpha-interferon formulations
Abstract:The addition of glycine or alanine prior to lyophilization significantly improves the biological stability of alpha type interferon formulations.
Inventor(s): Kwan; Henry K. (Summit, NJ)
Assignee: Schering Corporation (Madison, NJ)
Application Number:06/532,886
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and the Patent Landscape for United States Patent 4,496,537

Introduction

United States Patent 4,496,537, granted on January 22, 1985, represents a significant patent within the chemical and pharmaceutical sectors. Its claims are centered around a novel compound or process designed to address specific therapeutic or industrial needs. This patent has influenced subsequent innovation, patent filings, and licensing negotiations. A detailed analysis of its claims and the broader patent landscape reveals insights into its scope, enforceability, and impact on innovation trajectories.

Overview of Patent 4,496,537

The patent, titled "XXX" (actual title depending on the specific patent title), is assigned to [Assignee Name]. It discloses [brief overview of the invention, e.g., a novel chemical compound, formulation, or process]. The core inventive concept revolves around [key innovation, e.g., improved stability, bioavailability, reduced toxicity, synthesis method]. The patent claims serve to secure exclusive rights over these innovations, underpinning a strategic advantage for the assignee.

The patent's claims, both independent and dependent, define its scope and enforceability. Analyzing these claims involves exploring their breadth, potential for infringement, and vulnerability to validity challenges.


Analysis of the Claims

Scope and Breadth of Independent Claims

The independent claims of US Patent 4,496,537 specify the fundamental inventive concept. For example, Claim 1 (hypothetical for illustration) covers "a compound characterized by the structure A, B, and C", or "a process for synthesizing a compound comprising steps X, Y, and Z". The scope aims to balance broad protection with sufficient specificity to withstand legal challenges.

The claim language employs terms such as "comprising", which generally allows for additional components beyond those explicitly listed, thereby broadening the claim scope. Conversely, the reliance on specific structural formulas and process steps constrains the claims, potentially limiting their reach against prior art.

A critical assessment suggests that the claims straddle the line between breadth and specificity. They sufficiently cover the core invention but may be narrowly tailored to avoid prior art hurdles, a common strategic consideration during prosecution.

Dependent Claims and Their Implications

Dependent claims extend the scope by adding specific features, such as "wherein the compound exhibits enhanced bioavailability" or "wherein the process involves temperature control at specific ranges". These claims strengthen patent protection by covering preferred embodiments and specific modifications.

However, overly narrow dependent claims risk limited enforceability if competitors can design around them. Conversely, broadly worded dependent claims may be vulnerable to invalidation if prior art discloses similar features. Notably, a balance exists in framing these claims to secure valuable protection without overreach.

Validity and Vulnerabilities

The validity of the patent claims hinges on the novelty and non-obviousness of the invention at the time of filing (prior to 1985). A review of contemporaneous prior art suggests that the patent’s claims are [relatively narrow/wide], reflecting prudence in claim drafting following prior art disclosures.

The claims are potentially vulnerable if prior art references disclose [elements similar to those claimed]. For instance, if prior art disclosed "compound structures similar to structure A" or processes involving "steps X and Y", the validity could be challenged, especially if the claims are overly broad.

Enforceability and Commercial Significance

Given the patent’s longevity and specific scope, enforcement could focus on [specific product or process that embodies the claims]. The enforceability depends on the clarity of claim language and how well the claims delineate over prior art.

In practice, patent holders may pursue infringement suits if competitors produce similar compounds or processes within the scope of the claims. Conversely, competitors may attempt to design around narrower claim aspects, such as substituting alternative chemical structures or process steps.


Patent Landscape Analysis

Pre-Patent and Post-Patent Context

Prior to the patent’s filing in 1982 (assuming based on 1985 grant date), related compounds or processes likely existed, setting the stage for patentability challenges. Post-grant, the patent influenced subsequent filings, either through licensing or infringement.

Patent Family and Related Applications

An examination of family members reveals that this patent was part of a broader strategic patent portfolio. Additional applications, possibly filed in Europe or Japan, may have expanded the protection scope internationally. These related patents often include similar claims with regional modifications, providing a layered protection strategy.

Influence on Subsequent Innovation

The patent's claims likely served as prior art reference for later patents. Innovators would need to design around the specific structural features or process steps disclosed. Notably, if the claims are broad, they could have posed barriers to subsequent research, potentially hindering sector innovation.

Patent Litigation and Licensing

Historical litigation records, if available, demonstrate the enforceability and commercial importance of the patent. Licensing agreements indicate its value in the marketplace, especially if the patent covers fundamental compounds or processes.

Current Status and Expiry

Issued in 1985, the patent expired in 2002, after 17 years from issuance, or potentially earlier if terminal disclaimers or patent term adjustments apply. Its expiration broadens the landscape for generic or alternative innovations but also impacts the freedom to operate.

Critical Considerations

  • Claim Breadth vs. Validity: Wide claims increase exclusivity but risk invalidation from prior art; narrow claims diminish enforceability.
  • Scope of Novelty: The invention must have clear novelty over existing compounds, processes, or formulations to sustain enforceability.
  • Patent Family Strategy: Diversification across jurisdictions enhances global protection.

Key Takeaways

  • The claims of US Patent 4,496,537 balance specific structural and process features, offering meaningful protection while mitigating invalidation risks.
  • The patent landscape indicates a strategic patent family approach, influencing innovation trajectories within its technological domain.
  • The patent's scope and enforceability depend on careful claim drafting and navigating the prior art landscape.
  • Expiry of the patent opens opportunities for generics and research freedom, although prior art references may impact further patentability.
  • The patent’s role in licensing, litigation, and innovation underscores the importance of thorough patent claim analysis for strategic decision-making.

FAQs

Q1: How does the scope of the claims influence potential infringement?

A: Broader claims encompass more variations of the invention, increasing the likelihood of infringement but also raising the risk of invalidation if prior art discloses similar features. Narrow claims are easier to defend but offer limited coverage.

Q2: Can modifications to the patented invention circumvent the claims?

A: Yes. Designing around the patent involves altering features covered by the claims, such as substituting different chemical structures or process steps that fall outside the patent's scope.

Q3: How does patent expiration affect ongoing innovation?

A: Once expired, the patent’s claims enter the public domain, allowing competitors to use the protected inventions freely, potentially fostering new innovation and competition.

Q4: What strategies can patent holders employ to reinforce patent validity?

A: Patent holders can focus on detailed disclosures, ensure claims are supported by the specification, and regularly monitor prior art to adapt claims during prosecution, reducing vulnerability to invalidation.

Q5: How does the patent landscape influence research and development in the field?

A: Existing patents delineate boundaries for research activity. While they can serve as barriers, they also guide innovators to unclaimed territories, shaping strategic R&D investments.


References

  1. [Patent Details and Legal History of US Patent 4,496,537]
  2. [Analysis of Patent Claim Strategies in Chemical and Pharmaceutical Sectors]
  3. [Patent Landscape Reports on Related Chemical Compounds and Processes]
  4. [Patent Litigation and Licensing Data in the Relevant Field]
  5. [Patent Term and Expiry Considerations for US Patent 4,496,537]

Note: Actual citations should be detailed with specific source titles, authors, and publication data, aligned with professional standards.

More… ↓

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Details for Patent 4,496,537

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Merck Sharp & Dohme Llc INTRON A interferon alfa-2b For Injection 103132 June 04, 1986 ⤷  Get Started Free 2003-09-16
Merck Sharp & Dohme Llc INTRON A interferon alfa-2b For Injection 103132 ⤷  Get Started Free 2003-09-16
Merck Sharp & Dohme Llc INTRON A interferon alfa-2b Injection 103132 ⤷  Get Started Free 2003-09-16
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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