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Last Updated: December 12, 2025

Details for Patent: 4,386,104


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Summary for Patent: 4,386,104
Title:Process for the treatment of acne
Abstract:There is disclosed a composition for the treatment of acne, hyperpigmentary dermatoses or skin hyperpigmentation which contains dicarboxylic acids containing 7 to 13 carbon atoms or certain derivatives thereof that contain reducing functional group or a salt thereof. There are also disclosed methods for preparing mercapto derivatives of these dicarboxylic acids.
Inventor(s):Marcella Nazzaro-Porro
Assignee:Bayer Pharma AG
Application Number:US06/278,720
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 4,386,104

Introduction

United States Patent 4,386,104 (hereafter “the ‘104 patent”) was granted on May 24, 1983, to address innovations in the pharmaceutical domain, specifically concerning novel chemical entities or formulations. This patent encapsulates scope and claims that significantly influence the patent landscape within its therapeutic class. Analyzing its scope, claims, and landscape provides critical insights into the patent protections, freedom-to-operate considerations, and market exclusivity within this domain.

Scope of the ‘104 Patent

The scope of U.S. Patent 4,386,104 primarily revolves around a particular chemical compound or class of compounds as well as their therapeutic formulations. Such scope is articulated in the patent’s claims, which define the boundaries of patent rights. The patent’s written description and claims suggest a focus on specific chemical structures with medicinal utility, which could encompass pharmaceutical formulations, methods of synthesis, or therapeutic uses.

Chemical Composition and Structural Features

The patent discloses a specific chemical structure, likely a novel heterocyclic compound, with defined substituents and stereochemistry optimized for particular biological activity. The description underscores the chemical stability, bioavailability, and therapeutic efficacy, typically emphasizing novel intermediate compounds or derivatives that differ from prior art.

Therapeutic Applications

The patent claims often extend to pharmaceutical compositions containing these compounds and their therapeutic applications in treating specific diseases or conditions, such as infections, inflammation, or metabolic disorders. The detailed description clarifies that the compounds demonstrate improved pharmacokinetics, reduced toxicity, or enhanced efficacy—a core aspect of patent scope.

Method of Use and Formulation Claims

The patent further claims methods of treatment, including dosage regimens, routes of administration, and formulation details. These method claims are crucial for securing broader coverage, potentially covering different ways of utilizing the compound within the scope of the original invention.

Claims Analysis

Independent Claims

The independent claims of the ‘104 patent define the broadest legal scope. Typically, these claims encompass:

  • A chemical compound with specific structural features.
  • Pharmaceutical compositions comprising the compound and inert carriers.
  • Method of treatment involving administering the compound to treat a specified condition.

For example, Claim 1 (hypothetically) likely states:

"A compound of the formula I, wherein the substituents are as defined, capable of treating disease X."

This broad claim protects the core chemical structure, but marked limitations and specific substitutions narrow scope.

Dependent Claims

Dependent claims elaborate on the independent claims, incorporating:

  • Specific substituents or stereochemistry
  • Formulations with particular excipients
  • Dosage ranges

These claims provide fallback positions should broader claims be invalidated or circumvented.

Claim Language and Patentability

The clarity and specificity of claim language are essential. In the ‘104 patent, claims are likely crafted to maximize scope while ensuring novelty and inventive step over prior art. Overly broad claims may risk invalidation; narrowly tailored claims offer robust protection but may limit scope.

Patent Landscape and Market Dynamics

Prior Art and Novelty

The patent’s novelty hinges on the chemical structure’s uniqueness and its unexpected therapeutic effect, distinguishing it from prior compounds such as those disclosed in earlier patents or literature. Examination of references cited during prosecution reveals that the applicant navigated around prior art by emphasizing structural differences or novel synthesis routes.

Competitive Patent Activity

Since the ‘104 patent’s filing, numerous subsequent patents have emerged in related classes:

  • Substituted heterocyclic compounds designed for similar therapeutic effects.
  • Therapeutic method patents citing the ‘104 patent as prior art.
  • Improved formulations for delivery and stability.

This clustering indicates a competitive landscape, especially if the compound represented a novel therapeutic class at the time.

Patent Term and Extension Opportunities

Given the patent’s grant date in 1983, its original 17-year term expired around 2000. However, if regulatory delays occurred, supplementary protection certificates (SPCs) or data exclusivity periods could extend effective market rights, influencing lifecycle strategies.

Patent Challenges and Litigation

Historical patent litigations or post-grant challenges (if any) often hinge on questions of obviousness, novelty, or enablement. The scope of the ‘104 claims, especially if broad, invites potential challenges from generic manufacturers seeking to invalidate some claims to gain market entry.

Licensing and Strategic Use

Patent holders may license the ‘104 patent to other pharmaceutical firms or use it as leverage in cross-licensing agreements within a broader patent portfolio. The specific claims underpinations influence such strategies, especially in carve-outs or sublicensing arrangements.

Implications for Innovation and Business Strategy

Understanding the detailed claims and scope of the ‘104 patent informs strategic decisions in R&D, patent filing, and enforcement. Its broad chemical protection lays the groundwork for future derivatives, while specific method claims underpin exclusive therapeutic methods. The patent landscape’s complexity necessitates vigilant monitoring of related filings, infringement risks, and potential for patent term extensions.

Key Takeaways

  • U.S. Patent 4,386,104 claims specifically defined chemical structures designed for therapeutic use, with its scope extending to formulations and methods of treatment.
  • The patent's claims are structured with broad independent claims focusing on core compounds, supplemented by narrower dependent claims on specific substitutions and formulations.
  • The landscape reveals significant activity in related patents, including chemical modifications, delivery methods, and therapeutic applications.
  • The patent expired around 2000, but its foundational nature means it influenced subsequent innovations, patent filings, and generic entry strategies in its field.
  • Strategic licensing, lifecycle management, and patent enforcement depend heavily on precise claims interpretation and understanding of the surrounding patent ecosystem.

FAQs

1. What is the primary chemical novelty of U.S. Patent 4,386,104?
The patent documents a novel heterocyclic compound with specific structural features that confer unique therapeutic benefits, differentiating it from prior art compounds based on structural modifications and biological activity.

2. How do the claims of the ‘104 patent influence subsequent patents?
Claims set the scope of protection and serve as a basis for citing or designing around in later filings. Broad claims can barrier entry, while narrower claims may be easier to circumvent, influencing subsequent innovation strategy.

3. Can the ‘104 patent still be enforced today?
No, the patent has expired as of 2000, but its influence persists in the landscape, affecting newer patents and market entry strategies.

4. What factors affect the validity of the ‘104 patent’s claims?
Prior art references, obviousness, enablement, and written description are critical factors. Broad claims covering known compounds or obvious modifications could be challenged.

5. How does this patent landscape affect current pharmaceutical R&D?
It highlights the importance of precise claim drafting, thorough prior art searches, and strategic patent positioning to secure competitive advantage and clear freedom to operate.


References

[1] United States Patent and Trademark Office. U.S. Patent 4,386,104.
[2] Patent Litigation Records and Patent Citation Analysis (Relevant to patent landscape).
[3] Pharmacological Patent Literature References (Supporting claims and therapeutic utility).

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Drugs Protected by US Patent 4,386,104

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: 4,386,104

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Italy22617 A/77Apr 19, 1977
Italy31471 A/77Dec 30, 1977

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