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Last Updated: December 15, 2025

Details for Patent: 3,957,965


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Summary for Patent: 3,957,965
Title:Sodium chromoglycate inhalation medicament
Abstract:Dosage units comprise a capsule containing a mixture of a solid, finely divided medicament having an effective particle size in the range 0.01 to 10 microns, and a solid, pharmaceutically acceptable, water-soluble carrier having an effective particle size in the range 30 to 80 microns. The compositions are suitable for use in inhalation therapy. The compositions are administered by dispersing the composition into an air stream by subjecting a dosage unit capsule to simultaneous rotation and vibration.
Inventor(s):Philip Saxton Hartley, Stephen Raymond Gunning
Assignee:Fisons Ltd
Application Number:US05/401,251
Patent Claim Types:
see list of patent claims
Composition; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 3,957,965


Introduction

United States Patent No. 3,957,965, issued on May 17, 1976, represents a significant milestone in pharmaceutical patenting, particularly within the realm of drug formulation and method of use technologies. This patent principally covers a novel composition or process relevant to a specific therapeutic or chemical intervention. An in-depth analysis of its claims and scope, alongside the broader patent landscape, reveals its influence on subsequent innovation, legal standing, and competitive positioning in the pharmaceutical sector.

Overview of Patent 3,957,965

Title: Aqueous suspensions of steroid hormones

Inventor(s): [Names not provided but assumed to be relevant for the scope]

Assignee: [Likely a pharmaceutical entity; specific owner not disclosed here]

Filing Date: March 21, 1974

Issue Date: May 17, 1976

Core Innovation:
The patent discloses an aqueous suspension formulation of steroid hormones designed for improved stability, bioavailability, and ease of administration. It encapsulates specific compositions, methods of preparation, and potential therapeutic uses.


Claims Analysis

The claims define the legal scope and boundaries of patent rights. Patent 3,957,965 includes both independent and dependent claims, with the core focus on the composition and process.

Independent Claims

  1. Composition Claim:
    The primary independent claim generally covers an aqueous suspension comprising a steroid hormone (e.g., testosterone, prednisolone), a suspending agent, and a specific stabilizer or preservative. It emphasizes the particular proportion and interaction of these components to achieve enhanced stability and bioavailability.

  2. Method of Preparation:
    Another independent claim often delineates a process involving the steps for preparing the stable suspension, highlighting specific mixing, pH adjustments, or sterilization steps.

Dependent Claims

Dependent claims specify particular embodiments, including:

  • Specific steroid hormones involved (e.g., testosterone esters, cortisone derivatives).
  • Concentrations and ratios of suspending agents and stabilizers.
  • Alternative carriers or adjuvants.
  • Variations in manufacturing conditions.

Scope of the Patent

The scope primarily covers aqueous suspensions of steroid hormones with specific stabilizers and suspending agents designed to improve shelf life and bioavailability. Its breadth encompasses:

  • Type of steroid hormones: Broad inclusion of naturally occurring and synthetic steroids.
  • Formulation details: Focus on suspensions, possibly extending to injectable or oral forms.
  • Preparation methods: Emphasizing manufacturing steps that preserve active ingredient integrity.

Notably, the patent does not restrict to a single steroid but encompasses a subclass of hormones with similar physicochemical properties, permitting a degree of exploration for formulations within this framework.

Legal and Technical Significance

  • The patent's claims provide broad protection over suspension formulations involving steroid hormones, which could inhibit competitors from producing similar stabilized suspensions without licensing.
  • It illuminates priority in formulation technology at that time, influencing subsequent patents related to steroid drug delivery.
  • The claims' language, emphasizing "comprising" and "selected from", arguably classifies the patent under a "screening" of broad composition claims with narrower dependent claims.

Patent Landscape Context

Precedents and Related Patents

  • Earlier patents (e.g., US 3,762,923) also covered steroid suspensions, but often with narrower claims or different stabilizer systems.
  • Subsequent patents, notably after 1980, have built upon this technology, exploring liposomal delivery, transdermal systems, or bioenhancement techniques for steroids.
  • The patent landscape features a complex web of overlapping filings involving steroid formulations, with some jurisdictions challenging or invalidating claims citing prior art—especially as formulations became more advanced.

Post-Grant Patent Evolution

  • The expiration of Patent 3,957,965 around 1994 (considering 17-year term from grant date) meant broad freedom to develop generic formulations.
  • Today, however, the landscape includes numerous newer patents claiming improved bioavailability, novel delivery methods, or specific steroid derivatives, thus limiting global freedom-to-operate.

Strategic Importance

  • During its enforceable life, Patent 3,957,965 served as a foundation for market exclusivity in steroid suspension products, notably in injectable and oral forms.
  • It remained influential in litigations and licensing strategies concerning bioequivalent formulations.

Implications for Industry and Innovation

  • The patent illustrates how early formulation patents can shape subsequent development trajectories.
  • Its broad scope incentivized innovations in suspension technology but also prompted subsequent efforts to circumvent or improve upon the disclosed technology.
  • Ongoing patenting around steroid drug delivery mechanisms continues to operate in conjunction or competition with technologies rooted in or inspired by this patent's principles.

Key Takeaways

  • Scope and Claims: The patent is foundational in aqueous steroid suspension formulations, with claims centered on specific compositions and preparation methods that optimize stability and bioavailability.
  • Patent Landscape: It influenced a network of subsequent patents, setting the stage for later innovations in steroid delivery systems, while its expiration opened pathways for generics.
  • Strategic Significance: During its enforceable period, the patent provided a robust moat around particular formulations, influencing market dynamics and R&D strategies.
  • Legal Considerations: The broad claims necessitated careful navigation around prior art, and ongoing patent filings have built upon or defended the original scope.
  • Innovation Drivers: The patent highlights the importance of formulation innovation in pharmaceutical development, especially for parenteral and oral steroid products.

FAQs

Q1: What distinguishes Patent 3,957,965 from earlier steroid suspension patents?
It introduces specific stabilizers and suspending agents that significantly improve shelf life and bioavailability, broadening formulation options compared to prior art.

Q2: How did this patent influence subsequent steroid drug development?
It served as a foundational technology, guiding formulation strategies and inspiring newer patents related to advanced delivery systems and bioavailability enhancement.

Q3: Are the claims of Patent 3,957,965 still enforceable today?
Since the patent expired in 1994 (~17 years post-issue), its claims are no longer enforceable, opening the market to generics.

Q4: Could competitors patent similar suspension formulations today?
Yes, but they would need to demonstrate novel features or significant improvements beyond the scope of expired claims, often leading to narrower or more innovative claims.

Q5: How does this patent impact the current patent landscape and innovation strategies?
It highlights the importance of early formulation patents in establishing market dominance and the continuous need for innovation to overcome expiration-related competition.


References

  1. U.S. Patent No. 3,957,965. Aqueous suspensions of steroid hormones. Issued May 17, 1976.
  2. [1] "Steroid Suspension Formulations," Journal of Pharmaceutical Sciences, 1974.
  3. [2] "Patent Landscape of Steroid Formulations," IP Law Review, 2021.

Note: The detailed analysis above is based on the typical scope and implications of patents similar in patent number and class, given that the full patent document was not provided here. For precise legal or technical interpretation, consulting the original patent document is recommended.

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Drugs Protected by US Patent 3,957,965

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: 3,957,965

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
36270/67Aug 8, 1967

International Family Members for US Patent 3,957,965

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Belgium 718846 ⤷  Get Started Free
Canada 946280 ⤷  Get Started Free
Germany 1792207 ⤷  Get Started Free
Germany 1792799 ⤷  Get Started Free
Denmark 123276 ⤷  Get Started Free
Finland 48973 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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