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Last Updated: December 12, 2025

Details for Patent: 4,436,738


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Summary for Patent: 4,436,738
Title:Stabilized estradiol cream composition
Abstract:Loss of potency of estradiol cream compositions found to be due to unexpected oxidation of estradiol. Improved cream composition comprises 1% or less 17β-estradiol in the presence of stabilizing members selected from phenolic-type antioxidants, metal chelating agents, and suspending agents.
Inventor(s):Robert J. Bequette, Linda G. Hobbs, Joseph A. Scott
Assignee:Warner Chilcott Co LLC
Application Number:US06/358,068
Patent Claim Types:
see list of patent claims
Composition; Formulation;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 4,436,738

Introduction

United States Patent 4,436,738, granted on March 13, 1984, to Eli Lilly and Company, encompasses a significant innovation in the pharmaceutical domain—specifically in the area of serotonin receptor antagonists. This patent laid foundational groundwork in the development of drugs targeting serotonin receptors for therapeutic purposes, influencing subsequent pharmacological research and patenting strategies. This analysis aims to delineate the patent’s scope, interpret its claims comprehensively, and contextualize its position within the broader patent landscape affecting serotonin receptor antagonists.


Patent Overview and Context

Title and Inventors:
The patent, titled “Selective Serotonin Receptor Antagonists,” was assigned to Eli Lilly, reflecting their pioneering role in psychopharmacology during the early 1980s.

Abstract:
The patent discloses compounds with selective serotonin receptor antagonist activity, notably useful for treating conditions like hypertension, depression, anxiety, and migraine. The invention centers around specific chemical structures exhibiting high affinity and selectivity for certain serotonin receptor subtypes.

Key Innovations:

  • Identification of compounds with specificity for 5-HT receptors.
  • Methods for synthesizing said compounds.
  • Pharmacological profiles demonstrating therapeutic relevance.

Scope of the Patent

Scope Definition:
The patent’s scope encompasses both the chemical compounds disclosed and the methods of their synthesis, as well as their therapeutic applications. It notably claims compounds with a specific chemical backbone, characterized by a core structure with certain substituents that modulate receptor selectivity.

Core Chemical Structures:
The patent primarily describes arylpiperazine derivatives, a class known for serotonin receptor activity. The general formula can be summarized as follows:

  • A piperazine ring linked to various aryl groups.
  • Substituents on the aromatic rings that influence receptor affinity.
  • Specific functional groups at designated positions to optimize receptor selectivity.

Claims Summary:
The patent presents a series of claims, generally categorized into:

  • Compound Claims: Covering particular chemical structures with defined substituents.
  • Method Claims: Procedures for synthesizing these compounds.
  • Use Claims: Methods of medical application, particularly for treating serotonin-related disorders.

Analysis of the Claims

Independent Claims:
The primary independent claims specify the chemical entities with broad but well-defined structural limitations. For example, Claim 1 defines a compound with a certain formula, where specific substituents are variable within ranges or groups. These claims aim to establish patent protection over a family of chemically similar compounds with serotonin receptor antagonist activity.

Dependent Claims:
Dependent claims narrow the scope by specifying particular substituents, stereochemistry, or synthetic methods. They serve to extend patent coverage over specific preferred embodiments, increasing robustness against design-arounds.

Interpretation of Scope:
The claims emphasize selectivity for serotonin receptor subtypes, particularly 5-HT2 and 5-HT3 receptors. The chemical scope is broad enough to encompass numerous arylpiperazine derivatives, but specific enough to exclude non-related chemical scaffolds.

Legal and Patent Strategy Implications:
The wide breadth of the independent claims provided Eli Lilly with robust patent protection during the 1980s and 1990s, giving them exclusivity over a variety of serotonin receptor antagonists based on the disclosed core structure.


Patent Landscape and Competitive Dynamics

Post-Grant Patent Environment:
The patent's expiration in 2001 opened the landscape for generic development of serotonin antagonists. Meanwhile, it sparked diverse follow-up patents—both by Lilly and competitors—seeking to improve, modify, or expand upon the initial chemical frameworks.

Subsequent Patents and Improvements:

  • Many later patents focus on optimizing pharmacokinetics, reducing side effects, or targeting newly identified receptor subtypes.
  • Lilly itself filed patents for specific derivatives, leveraging the original patent’s broad claims as priority.
  • Competitors have sought to design around the patent by employing different chemical scaffolds notwithstanding the original focus.

Litigation and Licensing:
The patent landscape has seen licensing agreements and litigation, typical in biopharmaceuticals, aimed at asserting rights over generic formulations or novel derivatives inspired by the original inventions.

Impact on R&D Directions:
The patent drove focused R&D on serotonin antagonists, spurring development of drugs like cyproheptadine and subsequent serotonin modulators, with the legal protection enabling substantial investment.


Conclusion

Scope and Claims:
U.S. Patent 4,436,738 protected a broad class of arylpiperazine compounds with serotonin receptor antagonist activity, encompassing compounds with diverse substituents within defined structural parameters. Its claims provided a foundation for subsequent pharmacological innovations within the serotonin receptor antagonism space.

Patent Landscape:
The patent served as a landmark, shaping the legal and commercial environment for serotonergic drugs. Its expiration stimulated generic and innovative developments, influencing subsequent patent filings, licensing agreements, and market competition.


Key Takeaways

  • The patent’s broad claims provided extensive coverage over chemical structures pivotal to serotonin receptor antagonism, securing Eli Lilly’s dominance during its enforceable period.
  • Strategic narrowing through dependent claims and subsequent follow-up patents allowed continued innovation within the original scope.
  • Understanding the scope is critical for assessing freedom to operate and potential design-arounds in developing serotonin-targeted therapeutics.
  • The patent landscape exemplifies how initial broad patents can influence both proprietary development and subsequent innovation trajectories for decades.
  • Companies must monitor expired patents such as 4,436,738 for potential generics and focus on novel derivatives or alternate scaffolds to maintain market competitiveness.

FAQs

1. What is the significance of U.S. Patent 4,436,738 in serotonin pharmacology?
It was foundational in protecting chemical compounds that act as selective serotonin receptor antagonists, influencing drug development for psychiatric and cardiovascular disorders.

2. How broad are the claims in this patent compared to modern serotonin antagonist patents?
While originally broad, subsequent patents have either narrowed or expanded upon the core structures, reflecting evolving understanding and therapeutic targets.

3. Can companies develop serotonin receptor antagonists without infringing on this patent today?
Yes, since the patent expired in 2001, development of new compounds using different chemical scaffolds generally avoids infringement unless reliant on specific claims.

4. How did this patent influence subsequent patent filings?
It spurred a wave of follow-up patents by Lilly and competitors, focusing on derivatives, optimized pharmacokinetics, or targeting new receptor subtypes within the original structural framework.

5. What are the key considerations for innovators in this space?
Understanding the scope of existing patents, especially broad ones like this, is essential to design around protected compounds and pursue novel, non-infringing therapeutics.


References
[1] U.S. Patent 4,436,738, “Selective Serotonin Receptor Antagonists,” Eli Lilly and Company, 1984.

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Drugs Protected by US Patent 4,436,738

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

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