Last Updated: November 9, 2026

Details for Patent: 3,888,995

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Summary for Patent: 3,888,995
Title:Fatty alcohol-propylene glycol vehicle
Abstract:A substantially non-aqueous medicant vehicle containing from 15 to 45 parts saturated fatty alcohol having from 16 to 24 carbons, from 45 to 85 parts glycol solvent, from 0 to 15 parts plasticizer, from 0 to 15 parts coupling agent, 0 to 20 parts penetrant, and if desired, other pharmaceutical adjuvants. This base is a suitable vehicle for all types of therapeutic agents for topical application including antibiotics, steroids, antihistamines, antiseptics, anesthetics, antibacterials, fungicides, and the like. The vehicle has shown particular advantages with anti-inflammatory topical corticoids.
Inventor(s):Martin Katz, Herbert M Neiman
Assignee: Roche Palo Alto LLC
Application Number:US120691A
Patent Claim Types:
see list of patent claims
Use; Composition; Compound;
Patent landscape, scope, and claims:

# United States Patent 3,888,995: Claim Scope, Expiration, Enforceability and Topical-Formulation Patent Landscape

U.S. Patent 3,888,995 claims an anhydrous or nearly anhydrous cream vehicle based on a saturated C16-C24 fatty alcohol and a glycol solvent, principally propylene glycol. The patent does not claim a corticosteroid, a specific finished drug product, or a therapeutic method. Its protection is directed to the excipient vehicle and selected combinations of plasticizers, coupling agents, and penetration enhancers.

Because the patent issued in 1975, its original 17-year patent term expired no later than 1992 under the pre-Uruguay Round term rules, absent an unusual term adjustment or extension. The claimed technology is therefore in the public domain. It has no current blocking effect on generic topical corticosteroid development, compounding, licensing, or commercial manufacture.

What does U.S. Patent 3,888,995 protect?

The patent protects a cream-like pharmaceutical vehicle with the following required architecture:

Claim element Required scope
Physical form Substantially anhydrous, cream-like vehicle
Fatty alcohol 20-35 parts by weight of a saturated fatty alcohol containing 16-24 carbon atoms
Glycol solvent 55-80 parts by weight of 1,2-propylenediol, 1,3-propylenediol, dipropylene glycol, or mixtures
Plasticizer 0-15 parts by weight
Coupling agent 0-15 parts by weight
Penetrant 0-20 parts by weight
Water 0-3 weight percent
Exclusions Substantially free from petrolatum, mineral oil, unsaturated fatty acids, and specified low-carbon monohydric compounds
Functional suitability Suitable for forming an occlusive film and distributing topical medication over skin

The central inventive concept is a high-glycol, fatty-alcohol vehicle that avoids conventional petrolatum and mineral-oil bases. The composition is intended to retain medication at the skin surface while supporting topical corticosteroid delivery.

The phrase “consisting essentially of” is important. It generally permits additional ingredients that do not materially alter the basic and novel characteristics of the claimed vehicle. It is narrower than “comprising” but broader than “consisting of.” A formulation containing a preservative, antioxidant, active ingredient, fragrance, or other excipient could remain within the claim if the added material does not materially change the claimed vehicle characteristics.

How should claim 1 be construed?

Claim 1 is a combination claim. An accused formulation must generally satisfy every material limitation, either literally or under the doctrine of equivalents.

Saturated fatty alcohol limitation

The composition must contain 20-35 parts by weight of a saturated fatty alcohol with 16-24 carbon atoms. Examples potentially within the structural definition include:

  • Cetyl alcohol, C16
  • Stearyl alcohol, C18
  • Behenyl alcohol, C22
  • Lignoceryl alcohol, C24
  • Mixtures of qualifying saturated fatty alcohols

Claim 10 specifically identifies approximately 30 parts by weight of stearyl alcohol. Claim 11 also uses 30 parts by weight of stearyl alcohol.

A formulation based only on cetostearyl alcohol requires analysis of the actual mixture. Cetostearyl alcohol commonly contains a mixture of cetyl and stearyl alcohols. If the product contains unsaturated components or significant alcohols outside the C16-C24 range, the literal claim analysis becomes formulation-specific.

Glycol-solvent limitation

The glycol component must be selected from:

  • 1,2-propylenediol
  • 1,3-propylenediol
  • Dipropylene glycol
  • Mixtures of those solvents

The claimed range is 55-80 parts by weight. A vehicle using glycerol, polyethylene glycol, butylene glycol, or pentylene glycol as the sole principal solvent would not literally meet this limitation, although a mixed system may require an element-by-element analysis.

The claim does not require propylene glycol specifically. Claims 5-11 narrow the subject matter to propylene glycol embodiments, primarily 1,2-propylenediol.

Water limitation

The vehicle must contain no more than 3 weight percent water. “Substantially anhydrous” reinforces the low-water requirement, although the claim expressly permits up to 3 weight percent water.

A conventional oil-in-water emulsion would face a substantial claim-scope issue because it would normally contain a continuous aqueous phase or materially higher water content. A low-water emulsion or anhydrous semisolid could require closer analysis.

Excluded ingredients

Claim 1 excludes compositions that are not substantially free from:

  • Petrolatum
  • Mineral oil
  • Unsaturated fatty acids
  • Monohydric alcohols with fewer than 16 carbon atoms
  • Fatty acids with fewer than 16 carbon atoms
  • Fatty amides with fewer than 16 carbon atoms

The exclusion of low-carbon materials is unusually broad in practical formulation terms. It may affect the use of ethanol, isopropanol, propanol, short-chain fatty acids, and short-chain fatty amides, depending on concentration and whether the composition remains “substantially free” of those materials.

What do dependent claims 2 through 11 add?

Claim Added limitation Commercial significance
2 2-10 parts plasticizer; coupling agent prevents visible glycol exudation after 48 hours at 45°C; penetrant limited to 0-10 parts Adds a storage-stability performance test
3 Plasticizer is PEG above 800 to 20,000 molecular weight, hexanetriol, sorbitol, glycerol, or mixtures Narrows acceptable plasticizer chemistry
4 Coupling agent is C16-C24 fatty acid, C16-C24 fatty amide, fatty-acid monoester, or mixtures Defines a compatible coupling-agent class
5 Propylene glycol is mixed with room-temperature-liquid PEG Narrows the glycol system
6 Propylene glycol is 1,2-propylenediol Covers conventional propylene glycol
7 Liquid PEG has average molecular weight of about 400 Identifies PEG 400
8 1,2-propylenediol plus PEG with average molecular weight of about 400 Specific propylene glycol/PEG 400 vehicle
9 Glycol solvent is 1,2-propylenediol Narrow propylene glycol embodiment
10 Approximately 30 parts stearyl alcohol Narrow fatty-alcohol embodiment
11 30 parts stearyl alcohol, 5 parts PEG 6000, 5 parts 1,2,6-hexanetriol, and approximately 60 parts 1,2-propylenediol Most specific disclosed composition

Claim 11 is a four-component formulation totaling approximately 100 parts by weight. It is substantially narrower than claim 1 because it fixes the identity and approximate quantity of the fatty alcohol, plasticizer, penetrant, and glycol solvent.

Which formulations are most exposed to the patent claims?

The highest historical claim overlap would arise from an anhydrous cream containing approximately:

  • 20-35% stearyl or cetyl alcohol
  • 55-80% propylene glycol
  • Optional PEG, glycerol, sorbitol, or hexanetriol
  • Optional C16-C24 fatty acid, fatty amide, or fatty-acid ester
  • No petrolatum or mineral oil
  • No more than 3% water

A formulation containing 30% stearyl alcohol, 5% PEG 6000, 5% hexanetriol, and 60% propylene glycol would closely track claim 11.

The presence of a topical corticosteroid does not avoid the claims. The patent expressly contemplates use with topical corticosteroids, but the claims are directed to the vehicle. Adding hydrocortisone, betamethasone, clobetasol, triamcinolone, fluocinolone, or another active ingredient would not ordinarily remove an otherwise infringing vehicle from the claim.

What formulations provide potential design-around paths?

The patent’s expired status makes design-around analysis commercially relevant mainly for formulation selection, freedom-to-operate documentation, and historical litigation analysis.

Potential design-around variables include:

  1. Replacing the C16-C24 saturated fatty alcohol with a different thickener or structuring system.
  2. Reducing the fatty alcohol below 20 parts or increasing it above 35 parts.
  3. Replacing the listed glycol solvents with glycerol, butylene glycol, pentylene glycol, or another solvent.
  4. Increasing water above the claimed anhydrous range.
  5. Using petrolatum, mineral oil, or a conventional emulsion base.
  6. Eliminating the claimed combination of glycol and fatty alcohol.
  7. Using a nonqualifying fatty-acid or ester system.
  8. Moving outside the dependent-claim ranges for PEG, hexanetriol, penetrant, or coupling agent.

A design-around that merely substitutes a chemically similar ingredient may still raise a doctrine-of-equivalents issue in a live patent. That issue is no longer commercially material for this patent because the patent term has expired.

When did U.S. Patent 3,888,995 lose exclusivity?

Patent-term analysis

U.S. Patent 3,888,995 issued in the 1970s, when U.S. utility patents generally had a 17-year term measured from issuance. On that basis, the patent expired approximately 17 years after issuance and no later than the early 1990s.

The patent therefore has:

Issue Current status
Patent enforceability Expired
Remaining patent term None
Generic formulation blocking risk None from this patent
Need for Paragraph IV certification None
Orange Book exclusivity Not applicable
Biosimilar relevance None
Royalty obligation based solely on this patent None after expiration

The exact expiration date should be confirmed against the official USPTO patent record and any recorded term adjustment or terminal disclaimer. The conclusion is unchanged: the patent is long expired. (United States Patent No. 3,888,995, 1975.)

Is Patent 3,888,995 listed in the FDA Orange Book?

The claims do not cover a specific active pharmaceutical ingredient, dosage strength, dosage form, or approved finished drug product. They cover a general topical pharmaceutical vehicle.

That subject matter is ordinarily not the basis for an Orange Book patent listing. FDA Orange Book listings generally concern patents claiming an approved drug substance, drug product, or method of using the approved drug. A general excipient vehicle patent would not normally create a listed patent barrier for an abbreviated new drug application.

The practical result is that this patent would not ordinarily support a Paragraph IV certification or a 30-month stay under Hatch-Waxman. Those mechanisms apply to unexpired patents listed for an applicable reference-listed drug. (FDA, 2024; 21 U.S.C. § 355(j).)

Are Paragraph IV challenges relevant?

No. A Paragraph IV challenge is not the appropriate mechanism for an expired, unlisted vehicle patent.

A generic applicant developing a topical corticosteroid product would instead assess:

  • Patents covering the active ingredient
  • Formulation patents still in force
  • Method-of-use patents
  • Device or delivery-system patents
  • Manufacturing-process patents
  • Regulatory exclusivity
  • Product-specific Orange Book listings

Patent 3,888,995 does not itself create a current Paragraph IV risk.

What patent landscape surrounds the claimed vehicle?

The relevant landscape has several distinct layers.

Active-ingredient patents

Topical corticosteroids may have had compound, salt, polymorph, synthesis, or use patents. Those rights are separate from the vehicle claims in Patent 3,888,995.

Formulation patents

Later patents may claim:

  • Specific corticosteroid concentrations
  • Improved skin penetration
  • Reduced irritation
  • Non-greasy or low-residue vehicles
  • Water-in-oil or oil-in-water emulsions
  • Gels, foams, sprays, lotions, and ointments
  • Stabilized suspensions
  • Propylene-glycol-free systems
  • Nanoparticle or microemulsion delivery systems

A later formulation patent could remain relevant even though Patent 3,888,995 has expired.

Method-of-use patents

The patent does not claim treatment of a specific disease or a specific corticosteroid regimen. It therefore should be separated from later method-of-use claims involving psoriasis, eczema, dermatitis, lichenification, or other dermatological conditions.

Manufacturing patents

The claims do not recite a manufacturing sequence, mixing temperature, homogenization step, particle-size requirement, or filling process. Manufacturing barriers would need to arise from separate process patents or know-how.

Geographic coverage

The patent’s legal effect was limited to the United States. Any corresponding foreign applications or patents would have required separate prosecution and separate expiration analysis. Expiration of the U.S. patent does not establish the status of foreign counterparts.

How strong was the patent estate?

The estate was narrow in product architecture but broad enough to cover a recognizable class of anhydrous glycol-fatty-alcohol vehicles.

Its historical strengths included:

  • Broad independent claim 1
  • Multiple solvent choices
  • Optional plasticizer, coupling-agent, and penetrant categories
  • Functional storage-stability language in claim 2
  • Narrow claims directed to propylene glycol, PEG 400, stearyl alcohol, PEG 6000, and hexanetriol

Its limitations included:

  • Strict quantitative ranges
  • A defined glycol-solvent list
  • A low-water requirement
  • Multiple compositional exclusions
  • Dependence on a cream-like physical form
  • Potential claim-construction disputes over “substantially anhydrous,” “compatible,” “cream-like,” “substantially free,” and “particularly suitable”

The patent’s present strength is zero as an exclusionary right because the patent term has expired. Its technical disclosure may still have historical value, but the claims cannot block current practice.

Which companies are challenging the patent?

No current challenger landscape is relevant. The patent is expired, and an expired patent does not support a current exclusionary dispute, Paragraph IV challenge, or biosimilar competition proceeding.

No current licensing or settlement obligation can be inferred from the claim text. Any historical license, assignment, litigation, or settlement would require review of the USPTO assignment records and federal court docket data. Such arrangements, if they existed, would not restore patent exclusivity after expiration.

What generic launch risks exist?

Patent 3,888,995 creates no present generic-launch risk. A company can develop and market a topical product using the disclosed vehicle without obtaining permission under this patent.

The meaningful launch risks are instead product-specific:

Risk category Relevance to this patent
Active pharmaceutical ingredient patent Separate analysis required
Orange Book formulation patent Not created by this patent
Method-of-use patent Not claimed here
FDA exclusivity Not established by this patent
Bioequivalence or therapeutic-equivalence requirements Remain product-specific
Manufacturing patent Not claimed here
Trade secret or know-how Separate from patent rights
Foreign patent rights Must be assessed separately

Key Takeaways

  • Patent 3,888,995 claims an anhydrous cream vehicle, not a corticosteroid molecule or finished drug.
  • Claim 1 requires 20-35 parts C16-C24 saturated fatty alcohol and 55-80 parts of specified glycol solvent.
  • Claims 5-11 narrow the invention primarily to propylene glycol, PEG, stearyl alcohol, and related excipients.
  • Claim 11 most closely tracks a formulation containing stearyl alcohol, PEG 6000, hexanetriol, and propylene glycol.
  • The patent issued under the pre-1995 patent-term regime and expired no later than the early 1990s.
  • It is not a current Orange Book, Paragraph IV, biosimilar, or generic-entry barrier.
  • Any current freedom-to-operate risk must come from later active-ingredient, formulation, method-of-use, process, device, or foreign patents.

FAQs

Does adding a corticosteroid avoid infringement of Patent 3,888,995?

No. The patent claims the vehicle. Adding a corticosteroid would not avoid the claims if the underlying vehicle satisfied all required limitations. The patent is expired, so this question has no current enforcement consequence.

Does a propylene-glycol cream automatically fall within Patent 3,888,995?

No. The formulation must also contain the required amount of a C16-C24 saturated fatty alcohol, fall within the quantitative ranges, satisfy the low-water limitation, and avoid the specified excluded materials.

Is claim 11 a recipe for a currently protected commercial product?

No. Claim 11 identifies a specific vehicle composition, but the patent protecting it has expired. The composition may be used without a license from the patent owner, subject to other applicable rights.

Can a formulation with 4% water avoid claim 1?

It would likely fall outside the express “0 to 3 weight percent water” limitation. The analysis would still depend on the total formulation and any doctrine-of-equivalents argument, but no such patent enforcement issue remains because the patent is expired.

Does this patent protect transdermal delivery of corticosteroids?

No. It claims a topical vehicle suitable for retaining and distributing medication on the skin. It does not claim a transdermal system, a specific corticosteroid, systemic delivery, or a therapeutic treatment regimen.

References

Food and Drug Administration. (2024). Approved drug products with therapeutic equivalence evaluations. U.S. Department of Health and Human Services.

United States Patent No. 3,888,995. (1975). Pharmaceutical vehicle. United States Patent and Trademark Office.

21 U.S.C. § 355. (2024). New drugs. United States Code.

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Drugs Protected by US Patent 3,888,995

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 3,888,995

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Belgium 737875 ⤷  Start Trial
Canada 989304 ⤷  Start Trial
Switzerland 516312 ⤷  Start Trial
Germany 1934334 ⤷  Start Trial
Denmark 124857 ⤷  Start Trial
France 2013281 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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