Share This Page
Details for Patent: 4,376,858
✉ Email this page to a colleague
Summary for Patent: 4,376,858
| Title: | 2-4-Diamino-5-methyl-6-[(3,4,5-trimethoxyanilino)methyl]quinazoline salts |
| Abstract: | 2,4-Diamino-5-methyl-6-[(3,4,5-trimethoxyanilino)methyl]quinazoline salts, pharmaceutical compositions containing said salts, methods of treating malaria, and bacterial infections employing said salts and compositions and methods for producing said salts. |
| Inventor(s): | Norman L. Colbry |
| Assignee: | Warner Lambert Co LLC |
| Application Number: | US06/344,350 |
|
Patent Claim Types: see list of patent claims | Compound; |
| Patent landscape, scope, and claims: | United States Patent 4,376,858 (4,376,858) Scope, Claims, and U.S. Patent Landscape for Quinazoline Isethionate and Glucuronate Salts United States Patent 4,376,858 claims specific quinazoline free-base species and two salt forms defined by Z as either 2-hydroxyethanesulfonic acid (isethionic acid) or glucuronic acid. Claim scope is driven by (i) a formula limitation on the core quinazoline substitution pattern and (ii) salt identity (Z). Independent coverage centers on the salt compounds; dependent claims narrow to particular named salts and to specific solid-state forms (crystalline vs powdery). What does US Patent 4,376,858 claim: scope of formula coverage for Z = isethionate vs glucuronate?Core chemical claim boundaryClaim 1 defines “a compound of the formula” with a structural quinazoline scaffold and a specified substitution pattern (as represented by the formula in the patent). The only explicit variable definition provided in your excerpt is Z, where:
This structure-to-salt linkage means claim 1 coverage is a salt-based subset of quinazoline derivatives. It does not, by the excerpt, appear to cover:
Claim 1 is a “species by salt identity” claimPractically, this is a typical salt-specification claim: enforceability and infringement hinge on whether the accused compound is the same quinazoline cation paired with the asserted anion (isethionate or glucuronate), regardless of manufacturing route. What the claim does not say (based on provided claim text)Based only on the claim excerpt, claim 1 does not expressly include:
Which exact compounds are covered by dependent claims in US 4,376,858?Claim 2: named isethionate saltClaim 2 narrows claim 1 to the specific salt name:
Key scope effect:
Claim 3: named glucuronate saltClaim 3 narrows claim 1 to the specific salt name:
Here the salt is defined as “glucuronate,” again implying a specific pairing of the quinazoline base with glucuronic acid-derived anion. Relationship of claims 2 and 3 to claim 1Claims 2 and 3 function as exemplified embodiments of claim 1’s formula + Z language. Enforceability often tracks these narrower embodiments when proof of precise salt identity is easier than proving formula mapping for a broader set. What solid-state forms are protected: crystalline vs powdery claims in US 4,376,858?Claim 4: crystalline form of the monoisethionateClaim 4 states:
This creates a second layer of protection tied to morphology/solid-state form. If an accused manufacturer sells a non-crystalline (amorphous) form, claim 4 may not be met even if the chemical salt identity is correct. Claim 5: powdery form of the glucuronateClaim 5 states:
This similarly ties coverage to physical form. “Powdery form” is less stringent than “crystalline” in terms of precision, but it still creates an additional element that must be present in an accused product. Key enforcement implication
How does the claim structure map to infringement: what must an accused product show to fall within scope?Chemical identity test (claims 1-3)To infringe claims 1-3, an accused product must contain:
If either the quinazoline core substitution pattern differs or the anion differs from Z, the claim elements are not satisfied. Solid-state test (claims 4-5)To infringe claims 4-5, the accused product must also satisfy:
What is the likely patent landscape around US 4,376,858: salts, hydrates/solvates, and polymorph risk?Adjacent protective themes that commonly cluster with salt claimsEven without additional claim text from the rest of the family, a salt-and-solid-state patent typically sits within a landscape that includes:
Given that 4,376,858 explicitly claims only two anions (isethionate and glucuronate) and only one solid-state characterization per anion (crystalline for claim 4, powdery for claim 5), the commercial knock-on risks typically come from:
Competitive landscape within salt spaceIf a generic or competitor uses:
When does US 4,376,858 lose exclusivity: patent expiration mechanics for a 1983-era filing?Patent term baselineFor a utility patent filed in the early 1980s (4,376,858 is in the 1983 issue era), the baseline expiration generally tracks 17 years from issuance under the then-applicable regime, subject to possible adjustments or term adjustments that depend on the specific prosecution timeline. Key practical point for businessBecause the patent number and issue era predate modern patent term adjustment frameworks for most cases, the likely practical outcome is that the patent is long expired in the U.S. This typically means any current enforcement would be limited to:
(Your prompt asks for scope and landscape; the claims you provided do not contain issuance/filing dates, so term calculation cannot be stated precisely from the excerpt alone.) What generic entry risks exist for salt-based claims like these in the U.S.?Salt switching as a design-aroundThe Z limitation creates a clean design-around path:
Solid-state switching as another design-aroundEven if the same anion is used:
But note the risk from claim 1Even if solid-state is engineered to avoid claim 4 or 5, claim 1 still captures the compound by formula and Z identity. So a design around based only on solid-state may not suffice if an accused product remains a claimed salt species. How strong is the patent estate for this compound: likely claim strength driversStrength drivers
Strength limiters
Typical litigation postureFor salt claims, disputes typically center on:
How do these claims compare with typical quinazoline salt patents: what is the differentiator?This patent’s differentiatorThis patent’s independent coverage is framed around:
Compared with patents that claim broad “salts with acids” or “pharmaceutically acceptable salts” in genus form, 4,376,858 is narrower on counterions but potentially easier to enforce when the defendant uses the claimed anion and marketed material is characterized as crystalline/powdery as recited. Key Takeaways
FAQs
References
More… ↓ |
Drugs Protected by US Patent 4,376,858
| 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 4,376,858
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | 10278 | ⤷ Start Trial | |||
| Cyprus | 1416 | ⤷ Start Trial | |||
| Germany | 3167224 | ⤷ Start Trial | |||
| European Patent Office | 0051415 | ⤷ Start Trial | |||
| Hong Kong | 17088 | ⤷ Start Trial | |||
| Japan | H0438750 | ⤷ Start Trial | |||
| Japan | S5799574 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
