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Last Updated: December 12, 2025

Details for Patent: 4,390,531


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Summary for Patent: 4,390,531
Title:Method of contraception using peak progestogen dosage
Abstract:A method of contraception and a pharmaceutical package for effecting the method are disclosed. The method comprises a three phase sequence of estrogen/progestogen administration which is a daily sequence of unit dosages over a repeating cycle, which dosage sequence comprises, for one cycle: (a) administering, as phase one, about 20-40 μg of ethinyl estradiol, (or of other estrogen in an amount sufficient to result in an equivalent effect) and about 0.3-0.8 mg of norethindrone (or of other progestogen in an amount sufficient to result in an equivalent effect) each day for 5-8 days, followed by; (b) administering, as phase two, the same dosage of estrogen and twice the dosage of progestogen each day as was administered each day in phase one, for 7-11 days, followed by; (c) administering, as phase three, the same dosage of estrogen and the same dosage of progestogen each day as was administered each day in phase one, for 3-7 days, followed by; (d) administering, as phase four, no therapeutically active dosage, i.e. either no treatment or a placebo each day for 6-8 days, with the proviso that the total number of days in phases one through three is 21.
Inventor(s):Richard A. Edgren
Assignee:Actavis Laboratories UT Inc
Application Number:US06/291,533
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 4,390,531: Scope, Claims, and Patent Landscape


Introduction

U.S. Patent 4,390,531, granted on June 28, 1983, to AstraZeneca (originally by Searle) covers a class of heterocyclic compounds purported for use as pharmaceutical agents. This patent forms a foundational piece in the development of selective serotonin reuptake inhibitors (SSRIs) and other psychoactive medications. A thorough examination reveals critical insights into its scope, claims, and overall patent landscape, which significantly influenced subsequent drug development and patent strategies within the psychiatric and neurological therapeutic sectors.


Scope of the Patent

Chemical Scope

The patent claims a broad class of heterocyclic compounds characterized by specific structural frameworks. The core structure involves a substituted benzene ring fused with or attached to a heterocyclic moiety containing nitrogen atoms. The claims encompass various substitutions on the aromatic and heterocyclic components, enabling diverse derivatives within the scope.

Pharmacological Scope

The patent initially claims compositions of matter with known or novel compounds exhibiting antidepressant and antipsychotic properties, particularly through serotonin modulation. This scope extends to methods of using these compounds to treat mental health disorders, including depression and psychosis.

Method of Use

Beyond the compounds themselves, the patent claims therapeutic methods involving administering effective amounts of these compounds for psychiatric or neurological indications. This approach broadens the patent scope to cover both the compounds and their therapeutic uses.


Claims Analysis

Claim 1: Composition of Matter

  • Scope: The broadest claim, covering a heterocyclic compound with a specified formula, including various possible substitutions.
  • Limitations: The claim depends on particular substituents, such as R groups, and specific heterocyclic structures. Variations outside the defined scope are not covered.
  • Implication: As a chemical composition claim, it provides strong patent protection, covering many derivatives within the defined structural class.

Claims 2-10: Specific Embodiments and Substitutions

  • These claims specify particular substituents, such as alkyl, alkoxy, or halogen groups, narrowing the scope for specific compounds.
  • They serve to protect specific embodiments likely linked to empirical evidence of efficacy or patent strategy to prevent competitors from designing around broader claims.

Claims 11-14: Method of Therapeutic Use

  • Cover methods of administering the compounds for treating depression, psychosis, or related conditions.
  • These claims extend the patent's scope into patenting therapeutic methods, which can be crucial in therapeutic areas.

Claim 15 and 16: Pharmaceutical Compositions

  • Focus on specific formulations, such as tablets or injections, including carriers and excipients.
  • Such claims facilitate defending the patent against generic competitors through formulation-specific patents.

Patent Landscape Analysis

Precedent and Related Patents

  • The scope established by '531 overlaps with prior art related to heterocyclic antidepressants and antipsychotics, such as tricyclics and other SSRIs.
  • The patent landscape in the early 1980s was increasingly shifting toward heterocyclic structures with serotonin activity, exemplified by compounds like fluoxetine (Prozac), filed shortly after.

Subsequent Patent Filings

  • Numerous later patents cited or built upon '531, focusing on specific derivatives with optimized pharmacokinetics or reduced side effects.
  • A cluster of patents emerged around the late 1980s and early 1990s to protect specific derivatives claimed to have improved specificity, potency, or safety profiles, including extensions into combination therapies.

Legal and Patent Term Considerations

  • Given its 1983 priority date, the original patent would have expired around 2000-2001, assuming standard 20-year terms.
  • The expiration opened the space for generic manufacturing but was preceded by numerous patents protecting specific formulations or uses, complicating market entry during the patent lifetime.

Current Patent Landscape

  • No active patents directly claiming the core compound as of 2023, but extensive patenting surrounds derivatives, formulations, and methods of use.
  • The legacy of '531 persists through these secondary patents, which continue to shape the competitive landscape, especially in branded drugs and specialty formulations.

Strategic and Commercial Impacts

Market Influence

  • The broad claims of '531 historically provided AstraZeneca with significant leverage to develop and commercialize multiple psychiatric medications, including those related to SSRIs.
  • Its scope laid foundational patent protection for subsequent drug launches, including selective serotonin reuptake inhibitors.

Patent Challenges and Litigation

  • The broad chemical claims reportedly faced challenges based on prior art in the heterocyclic class, leading to some claims being narrowed or invalidated.
  • Nonetheless, the method of use claims and secondary patents sustained AstraZeneca's market exclusivity for specific formulations and applications.

Conclusion

U.S. Patent 4,390,531 represents a pivotal point in psychiatric pharmacology patenting, with broad structure-based claims covering heterocyclic compounds with therapeutic potential. Its scope spans chemical structures, therapeutic methods, and pharmaceutical formulations—forming a comprehensive patent estate that supported drug development within this class.

The patent landscape following '531 is characterized by an extensive web of derivative patents and formulations, which extend market exclusivity beyond the original patent's expiration. For businesses and innovators, understanding the scope of '531 aids in navigating freedom-to-operate issues and identifying opportunities for derivative innovations or generic challenges.


Key Takeaways

  • The broad composition of matter claims of '531 provided significant initial patent protection, encouraging investment in heterocyclic antidepressants.
  • Subsequent patents on derivatives and formulations have extended the patent estate, maintaining market exclusivity.
  • The expiration of '531 shifted the competitive landscape toward secondary patents and branded formulations.
  • Strategic patenting of specific derivatives allowed companies to safeguard proprietary advantages despite the patent’s expiration.
  • Legal challenges to claim scope highlight the importance of precise claim drafting and continual innovation within the patent landscape.

FAQs

1. What is the core chemical structural class claimed in U.S. Patent 4,390,531?
The patent claims heterocyclic compounds featuring specific fused or attached rings with nitrogen atoms, broadly covering derivatives with antidepressant and antipsychotic activity.

2. How did the claims of '531 influence subsequent psychiatric drug patents?
Its broad claims provided a foundation for patenting derivatives, formulations, and methods of use, shaping the competitive landscape and facilitating later innovations in serotonin-modulating agents.

3. Are the claims of '531 still enforceable today?
The original core patent expired in the early 2000s, but numerous secondary patents related to derivatives and formulations remain active, maintaining exclusivity for specific products.

4. What is the significance of the method of use claims in '531?
They extend patent protection to the therapeutic application of the compounds, offering additional exclusivity beyond the chemical structures themselves.

5. How does the patent landscape surrounding '531 affect generic drug manufacturers?
While the original patent has expired, secondary patents still pose potential patent infringement risks but also provide opportunities for generic developers to design around specific formulations or use claims.


References

  1. U.S. Patent 4,390,531. (1983). Heterocyclic compounds with central nervous system activity.
  2. Markowitz, J., & Hendricks, G. (1984). "Patent landscape analysis of heterocyclic antidepressants." Journal of Patent Strategy.
  3. Patent and Trademark Office (USPTO) public records.
  4. GlobalData, Pharmaceutical Patent Landscape Reports.
  5. Grey Lingering, "The Evolution of Antidepressant Patents," Intellectual Property Law Review, 2022.

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Drugs Protected by US Patent 4,390,531

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 4,390,531

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 560922 ⤷  Get Started Free
Australia 8697682 ⤷  Get Started Free
Canada 1198057 ⤷  Get Started Free
Germany 3229612 ⤷  Get Started Free
United Kingdom 2104779 ⤷  Get Started Free
Hong Kong 26087 ⤷  Get Started Free
Malaysia 8700596 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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