Details for Patent: 4,201,211
Summary for Patent: 4,201,211
| Title: | Therapeutic system for administering clonidine transdermally |
| Abstract: | Therapeutic system in the form of a skin patch that administers clonidine transdermally in an initial priming dose of 10 to 300 mcg/cm2 of skin that brings the concentration of clonidine in the blood to a level sufficient to elicit alpha-adrenergic stimulation without intolerable side effects, followed by a substantially constant continuous dosage in the range of 0.1 to 100 mcg/hr that maintains said level. The system is a four-layer laminate of, from the top: a protective backing; a gelled, mineral oil-polyisobutene-clonidine reservoir lamina that is the source of the clonidine for the continuous constant dosage; a microporous membrane that controls the constant dosage rate; and a gelled, mineral oil-polyisobutene-clonidine contact adhesive layer that is the source of the clonidine for the priming dose and the means by which the system is attached to the skin. |
| Inventor(s): | Santosh K. Chandrasekaran, Siegfried Darda, Alan S. Michaels, Gary W. Cleary |
| Assignee: | Boehringer Ingelheim GmbH , Alza Corp |
| Application Number: | US05/815,033 |
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Patent Claim Types: see list of patent claims | Composition; |
| Patent landscape, scope, and claims: | Executive summary US Patent 4,201,211 scope and claims for clonidine and transdermal patch systemsCore claim architecture: controlled transdermal delivery of an alpha-adrenergic agonist through “a predetermined area of unbroken skin” for a “prolonged time period” using a patch with (a) impermeable backing, (b) drug reservoir, (c) release means, and (d) affixing means. Independent claim 1 uses clonidine and is broad on the “release means” and “affixing means.” Dependent claims 2-14 progressively constrain drug type (claim 3), and then constrain the patch’s sandwich laminate and its material specs. What does Claim 1 cover (clonidine patch)?Claim 1 requires all of the following:
Scope implication: Claim 1 is strong for any transdermal clonidine system that uses an essentially clonidine-impermeable backing + adjacent clonidine reservoir + controlled release + skin attachment. It does not, on its face, require a microporous membrane, drug-permeable adhesive, or specific formulation ranges. How Claim 2 narrows (hypertension rate)
What Claim 3 adds (sandwich laminate and “benzeneamine” version)Claim 3 switches the active: “2,6-dichloro-N-2-imidazolidinylidene benzeneamine” and specifies a sandwich-type laminate with four laminae:
Scope implication: Claim 3 is narrower than claim 1 in that it requires the specific laminate architecture and two drug-permeable functional layers:
How Claims 4-7 narrow (hypertension, dosing ranges, strippable layer)
How Claims 8-10 narrow (gelled mixture composition with polyisobutene blend)
Scope implication: these claims anchor the technology to a particular adhesive/carrier gel system and specify PI molecular weight distribution by viscosity-average MW, plus mineral oil viscosity at 25°C. Designing around means changing adhesive/carrier chemistry or removing this exact polymer blend architecture. How Claims 11-14 narrow (membrane and backing materials + fully specified embodiment)
Scope implication: Claim 14 reads like an implemented product configuration. Any close product using the same laminate and parameter windows has direct infringement risk if “substantially impermeable/permeable” elements map and the release rate and loading are met. How broad are “substantially impermeable/permeable” terms in US 4,201,211?Most enforceable elements are the structural relationships and functional layers, not the exact numeric ranges in the dependent claims. What’s most likely to be argued as claim scope anchors
Where design-arounds typically focus
What patents protect transdermal clonidine with controlled release patches in the US around this era?This patent’s claim set aligns with a broader transdermal delivery technology cluster (reservoir + membrane + adhesive laminate). For “what patents protect” questions, the relevant analysis is a layer-by-layer claim overlap strategy:
However, without the complete bibliographic data for US 4,201,211 (filing date, assignee) and without a prepared set of neighboring US family members and cited references, a definitive “patent landscape” cannot be computed from the claim text alone. When does US Patent 4,201,211 lose exclusivity in the US (patent expiration and term)?Given the patent number (US 4,201,211) and the issuance era, the US patent term has run.
No later regulatory exclusivity is created by device claims; exclusivity would be driven by patent term. As of the current date, infringement exposure is not tied to active US enforceability of this patent’s claims. Is US 4,201,211 relevant to FDA Orange Book listings for clonidine products?This patent is a classic early-generation transdermal patch patent. Whether it appears in the Orange Book depends on whether it was listed for a specific NDA or ANDA with the transdermal clonidine product for which it is claimed. From the claim text provided, there is no direct linkage to:
Therefore, a correct Orange Book status call cannot be made here. What generic entry risks exist for transdermal clonidine if US 4,201,211 is asserted?Claim 1’s breadth could have supported earlier “patch architecture” assertions. Risk would rise for generic entrants that:
But with the patent term effectively expired (see above), generic entry risk is not a function of live enforceability of US 4,201,211. How does claim scope map to likely transdermal patch designs (where infringement would concentrate)?Claim 1 (clonidine) infringement mapA candidate product must have:
The biggest uncertainty for enforcement would be whether the product’s release mechanism qualifies as the claim’s generic “means for releasing” at the required rate, absent a microporous membrane requirement. Claims 3-14 (benzeneamine) infringement mapInfringement concentration would be high where a competitor replicates:
A competitor can reduce risk by breaking any mandatory architectural/parameter element, particularly the microporous membrane layer, the gelled PI/mineral oil composition, or the adhesive permeability/drug partitioning. Patent claim strength scoring for US 4,201,211 (by claim tier)Highest specificity (strongest in enforcement)
Medium specificity (stronger than claim 1, narrower than claim 14)
Broadest structural claim (potentially strongest pre-expiration)
Net: if the patent were still within term, claim 1 would support broader architecture arguments, while claims 3-14 would support more product-matching infringement. Key takeaways
FAQs1) What is the main independent claim in US 4,201,211 and what does it require? 2) Do claims 3-14 require a microporous membrane lamina? 3) What parameters in US 4,201,211 are most likely to drive design-arounds? 4) Is “hypertension therapy” explicitly required in the claims? 5) Is US 4,201,211 likely to be listed in the Orange Book for clonidine patches? References (APA)No external sources were cited in the provided materials; therefore no reference list is included. More… ↓ |
Drugs Protected by US Patent 4,201,211
| 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 4,201,211
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Argentina | 218037 | ⤷ Start Trial | |||
| Austria | 362884 | ⤷ Start Trial | |||
| Austria | A905877 | ⤷ Start Trial | |||
| Australia | 2846277 | ⤷ Start Trial | |||
| Australia | 512328 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
