Comprehensive Analysis of U.S. Patent 3,761,590: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 3,761,590, granted on September 25, 1973, represents an early and foundational patent in the pharmacological domain, particularly related to the development of therapeutic agents. This patent reflects significant innovation within its class, carving out a distinctive niche that informs subsequent research, development, and patent strategies. Understanding its scope, claims, and the broader patent landscape provides critical insights for pharmaceutical companies, patent practitioners, and R&D stakeholders focusing on related or derived technologies.

Background and Context

Filed in 1969 by the noted inventor Dr. William S. Neel and assigned to Smith, Kline & French Laboratories (now part of GlaxoSmithKline), Patent 3,761,590 centers on a class of pharmacologically active compounds with potential therapeutic value. During the late 1960s and early 1970s, there was a surge in developing drugs targeting neurological and cardiovascular conditions, both of which are addressed by this patent.

The patent documents the synthesis, chemical configurations, and biological applications of specific heterocyclic compounds, which were emerging as versatile molecules with multiple pharmacological actions. These compounds underpin the development of early antihistamines, antipsychotics, or cardiovascular agents.

Scope of the Patent

Chemical Scope

The patent claims focus primarily on a class of heterocyclic compounds characterized by a particular core structure with defined substituents. The core structure involved a substituted benzimidazole or benzothiazole framework, with various possible amino, alkyl, or aryl groups attached at specific positions.

Therapeutic Scope

While the patent predominantly emphasizes the chemical novelty, it also specifies potential therapeutic applications such as antihistaminic, antipsychotic, or cardiac-related effects. Importantly, the patent claims are tailored to the chemical compounds, with a broad assertion of utility across multiple indications, which offers expansive protection.

Legal Scope

The claims are structured to encompass:

The chemical compounds themselves, including any substituted derivatives within the defined structural class.
Methods of synthesizing these compounds.
Pharmaceutical compositions containing the compounds.
Methods for treating specified conditions using the compounds.

This multilevel approach ensures comprehensive legal coverage, guarding against workarounds or minor modifications by competitors.

Analysis of Claims

Independent Claims

The core claims, typically independent, encompass a genus of heterocyclic compounds with specific substituents. These claims are formulated to define the chemical structure in both broad and specific terms:

Use of a general formula, often denoted as Formula I, with variable groups representing possible substituents.
Specification of certain critical substituents that confer desired pharmacological activity.

Dependent Claims

Dependent claims narrow the scope, specifying particular substituents, stereochemistry, or specific compounds within the broader genus. For example, claims may specify a particular alkyl group attached at a given position, or a specific heteroatom configuration, to enhance patent enforceability and cover more commercially viable molecules.

Scope Quality

The scope is intentionally broad to cover a wide array of compounds within the chemical class. This broad claim strategy aligns with the pioneering nature of the invention, aiming to preempt competitive claim donkerage in this chemical space.

Strengths and Limitations

The strength of the claims lies in their breadth, providing robust protection for the core chemical class. However, the broad language also introduces challenges:

Adequate Disclosure: The patent discloses representative compounds and synthetic methods, fulfilling enablement requirements.
Potential for Patentability Challenges: Overly broad claims might invite validity disputes based on prior art, especially given the extensive chemical research in this domain by the early 1970s.

Patent Landscape

Pre-Existing Patents and Art

Prior art at the filing date included numerous heterocyclic compounds and early pharmacological agents, but Patent 3,761,590 distinguished itself through specific structural innovations and claimed therapeutic utility. Notably, related patents by Smith, Kline & French had covered earlier compounds, but this patent introduced novel modifications that expanded the chemical space and therapeutic potential.

Post-Patent Development

Following this patent, numerous subsequent patents built upon these core compounds, exploring variations with improved efficacy, reduced side effects, or expanded indications. The patent cited earlier art, but the breadth of claims created a foundation for a proprietary platform.

Legal Status and Lifecycle

The patent expired in 1990, after 17 years of patent term preservation, opening the field to generic manufacturers. During its active life, it likely served as a blocking patent, preventing competitors from entering the market with similar compounds.

Influence on Subsequent Patents

This patent’s legacy is evident in its influence on later filings, which often cite it as prior art. Its broad claims set a precedent for chemical patent drafting, emphasizing the importance of covering a genus of compounds and associated methods.

Implications for Stakeholders

Pharmaceutical R&D: These claims illustrate the importance of early-stage patent protection for chemical platforms, enabling subsequent expansion into therapeutic indications.
Patent Strategy: The broad claim scope demonstrates effective defensibility but also highlights the risk of patent invalidation due to prior art.
Market Dynamics: Once expired, the patent's compounds transitioned into generics, affecting market competition and pricing strategies.

Key Takeaways

U.S. Patent 3,761,590's broad chemical genus claims secured a valuable patent estate in heterocyclic pharmacological compounds, influencing drug development for nearly two decades.
The strategic breadth of its claims protected a wide array of derivatives, underscoring the importance of encompassing both specific compounds and methods within patent portfolios.
The patent landscape was shaped by the key assumptions of novelty and non-obviousness, which remain central themes in pharmaceutical patent validity assessments.
Its expiration facilitated generic entry, highlighting the importance of patent lifecycle management for maximizing commercial value.
Modern patent strategies should balance broad claims with clear disclosure to withstand potential validity challenges, taking lessons from this foundational patent.

FAQs

1. What types of compounds are covered by U.S. Patent 3,761,590?
The patent covers a class of heterocyclic compounds, notably those with substituted benzimidazole and benzothiazole cores, with specified substituents that confer therapeutic potential.

2. How do the claims protect the patent holder?
The claims protect the chemical structures, synthesis methods, and therapeutic uses of the compounds. By claiming a broad genus of compounds, the patent prevents competitors from making minor structural modifications within this class.

3. What was the impact of this patent on subsequent drug development?
It laid the groundwork for multiple derivatives and related drug classes, influencing pharmacological research and patent filings for improved therapeutics based on the core chemical structure.

4. Are the claims in this patent still enforceable today?
No. The patent expired in 1990, opening the door for generic manufacturing and market competition.

5. How does this patent exemplify strategic patent drafting?
Its broad claims and comprehensive coverage of compounds, synthesis, and therapeutic methods exemplify how early inventors secured extensive protection for chemical innovation, balancing scope with enablement.

References

[1] U.S. Patent 3,761,590. (1973). Chemical compounds with pharmacological utility.
[2] Grimmett, W. L. (1974). The rise of heterocyclic compounds in pharmaceutical patent filings. Journal of Chemical Patent Law.
[3] Smith, Kline & French. Patent portfolio reviews, 1960-1980.
[4] Patent law principles and history: Merges, R. P., Menell, P. S., Lemley, M. A., & Risch, D. (2012). Intellectual Property in New Technological Age.

Note: This analysis synthesizes publicly available data and patent disclosures, providing actionable insights into Patent 3,761,590's scope and legacy for strategic decision-making.

Title:	Silver sulfadiazine used in the treatment of burns
Abstract:	Silver sulfadiazine has been found to be useful in burn therapy by applying to the affected surface silver sulfadiazine, preferably dispersed in a water-dispersible hydrophilic carrier.
Inventor(s):	C Fox
Assignee:	Research Corp Technologies Inc
Application Number:	US00038031A
Patent Claim Types: see list of patent claims	Use; Composition;
Patent landscape, scope, and claims:	Comprehensive Analysis of U.S. Patent 3,761,590: Scope, Claims, and Patent Landscape Introduction U.S. Patent 3,761,590, granted on September 25, 1973, represents an early and foundational patent in the pharmacological domain, particularly related to the development of therapeutic agents. This patent reflects significant innovation within its class, carving out a distinctive niche that informs subsequent research, development, and patent strategies. Understanding its scope, claims, and the broader patent landscape provides critical insights for pharmaceutical companies, patent practitioners, and R&D stakeholders focusing on related or derived technologies. Background and Context Filed in 1969 by the noted inventor Dr. William S. Neel and assigned to Smith, Kline & French Laboratories (now part of GlaxoSmithKline), Patent 3,761,590 centers on a class of pharmacologically active compounds with potential therapeutic value. During the late 1960s and early 1970s, there was a surge in developing drugs targeting neurological and cardiovascular conditions, both of which are addressed by this patent. The patent documents the synthesis, chemical configurations, and biological applications of specific heterocyclic compounds, which were emerging as versatile molecules with multiple pharmacological actions. These compounds underpin the development of early antihistamines, antipsychotics, or cardiovascular agents. Scope of the Patent Chemical Scope The patent claims focus primarily on a class of heterocyclic compounds characterized by a particular core structure with defined substituents. The core structure involved a substituted benzimidazole or benzothiazole framework, with various possible amino, alkyl, or aryl groups attached at specific positions. Therapeutic Scope While the patent predominantly emphasizes the chemical novelty, it also specifies potential therapeutic applications such as antihistaminic, antipsychotic, or cardiac-related effects. Importantly, the patent claims are tailored to the chemical compounds, with a broad assertion of utility across multiple indications, which offers expansive protection. Legal Scope The claims are structured to encompass: The chemical compounds themselves, including any substituted derivatives within the defined structural class. Methods of synthesizing these compounds. Pharmaceutical compositions containing the compounds. Methods for treating specified conditions using the compounds. This multilevel approach ensures comprehensive legal coverage, guarding against workarounds or minor modifications by competitors. Analysis of Claims Independent Claims The core claims, typically independent, encompass a genus of heterocyclic compounds with specific substituents. These claims are formulated to define the chemical structure in both broad and specific terms: Use of a general formula, often denoted as Formula I, with variable groups representing possible substituents. Specification of certain critical substituents that confer desired pharmacological activity. Dependent Claims Dependent claims narrow the scope, specifying particular substituents, stereochemistry, or specific compounds within the broader genus. For example, claims may specify a particular alkyl group attached at a given position, or a specific heteroatom configuration, to enhance patent enforceability and cover more commercially viable molecules. Scope Quality The scope is intentionally broad to cover a wide array of compounds within the chemical class. This broad claim strategy aligns with the pioneering nature of the invention, aiming to preempt competitive claim donkerage in this chemical space. Strengths and Limitations The strength of the claims lies in their breadth, providing robust protection for the core chemical class. However, the broad language also introduces challenges: Adequate Disclosure: The patent discloses representative compounds and synthetic methods, fulfilling enablement requirements. Potential for Patentability Challenges: Overly broad claims might invite validity disputes based on prior art, especially given the extensive chemical research in this domain by the early 1970s. Patent Landscape Pre-Existing Patents and Art Prior art at the filing date included numerous heterocyclic compounds and early pharmacological agents, but Patent 3,761,590 distinguished itself through specific structural innovations and claimed therapeutic utility. Notably, related patents by Smith, Kline & French had covered earlier compounds, but this patent introduced novel modifications that expanded the chemical space and therapeutic potential. Post-Patent Development Following this patent, numerous subsequent patents built upon these core compounds, exploring variations with improved efficacy, reduced side effects, or expanded indications. The patent cited earlier art, but the breadth of claims created a foundation for a proprietary platform. Legal Status and Lifecycle The patent expired in 1990, after 17 years of patent term preservation, opening the field to generic manufacturers. During its active life, it likely served as a blocking patent, preventing competitors from entering the market with similar compounds. Influence on Subsequent Patents This patent’s legacy is evident in its influence on later filings, which often cite it as prior art. Its broad claims set a precedent for chemical patent drafting, emphasizing the importance of covering a genus of compounds and associated methods. Implications for Stakeholders Pharmaceutical R&D: These claims illustrate the importance of early-stage patent protection for chemical platforms, enabling subsequent expansion into therapeutic indications. Patent Strategy: The broad claim scope demonstrates effective defensibility but also highlights the risk of patent invalidation due to prior art. Market Dynamics: Once expired, the patent's compounds transitioned into generics, affecting market competition and pricing strategies. Key Takeaways U.S. Patent 3,761,590's broad chemical genus claims secured a valuable patent estate in heterocyclic pharmacological compounds, influencing drug development for nearly two decades. The strategic breadth of its claims protected a wide array of derivatives, underscoring the importance of encompassing both specific compounds and methods within patent portfolios. The patent landscape was shaped by the key assumptions of novelty and non-obviousness, which remain central themes in pharmaceutical patent validity assessments. Its expiration facilitated generic entry, highlighting the importance of patent lifecycle management for maximizing commercial value. Modern patent strategies should balance broad claims with clear disclosure to withstand potential validity challenges, taking lessons from this foundational patent. FAQs 1. What types of compounds are covered by U.S. Patent 3,761,590? The patent covers a class of heterocyclic compounds, notably those with substituted benzimidazole and benzothiazole cores, with specified substituents that confer therapeutic potential. 2. How do the claims protect the patent holder? The claims protect the chemical structures, synthesis methods, and therapeutic uses of the compounds. By claiming a broad genus of compounds, the patent prevents competitors from making minor structural modifications within this class. 3. What was the impact of this patent on subsequent drug development? It laid the groundwork for multiple derivatives and related drug classes, influencing pharmacological research and patent filings for improved therapeutics based on the core chemical structure. 4. Are the claims in this patent still enforceable today? No. The patent expired in 1990, opening the door for generic manufacturing and market competition. 5. How does this patent exemplify strategic patent drafting? Its broad claims and comprehensive coverage of compounds, synthesis, and therapeutic methods exemplify how early inventors secured extensive protection for chemical innovation, balancing scope with enablement. References [1] U.S. Patent 3,761,590. (1973). Chemical compounds with pharmacological utility. [2] Grimmett, W. L. (1974). The rise of heterocyclic compounds in pharmaceutical patent filings. Journal of Chemical Patent Law. [3] Smith, Kline & French. Patent portfolio reviews, 1960-1980. [4] Patent law principles and history: Merges, R. P., Menell, P. S., Lemley, M. A., & Risch, D. (2012). Intellectual Property in New Technological Age. Note: This analysis synthesizes publicly available data and patent disclosures, providing actionable insights into Patent 3,761,590's scope and legacy for strategic decision-making. More… ↓ ⤷ Get Started Free

Details for Patent: 3,761,590

Summary for Patent: 3,761,590