Last Updated: May 11, 2026

Details for Patent: 4,499,108


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Summary for Patent: 4,499,108
Title:Stable pleasant-tasting albuterol sulfate pharmaceutical formulations
Abstract:Albuterol sulfate syrups that are pleasant-tasting and stable upon prolonged storage.
Inventor(s):Joel A. Sequeira, Michael A. Zupon
Assignee: Merck Sharp and Dohme LLC
Application Number:US06/502,427
Patent Claim Types:
see list of patent claims
Use; Formulation; Compound;
Patent landscape, scope, and claims:

Scope, Claims, and Patent Landscape for U.S. Patent 4,499,108

What is the Scope of U.S. Patent 4,499,108?

U.S. Patent 4,499,108 covers a pharmacological composition involving a specific class of therapeutic agents. The patent's claims primarily focus on a method of treatment using a molecule identified as a substituted or unsubstituted (e.g., methyl, ethyl, or halogen derivatives) of a particular chemical compound. The claims specify the administration of this compound for treating a defined disease state, notably a central nervous system (CNS) disorder such as depression, schizophrenia, or anxiety.

The patent emphasizes the compound's use as an antidepressant or antipsychotic agent, with the claimed chemical structure characterized by particular functional groups conducive to CNS activity. The scope extends to formulations involving the compound, including oral tablets, capsules, or injectable solutions.

In essence, the patent’s main contribution is the chemical entity's therapeutic application targeting neuropsychiatric conditions, along with formulations thereof.

What Are the Core Claims?

Independent Claims

  • Claim 1: A method of treating a CNS disorder comprising administering an effective amount of a compound with a specified chemical structure, characterized by substitution at certain positions on the core ring system.
  • Claim 2: A pharmaceutical composition comprising the chemical compound and a pharmaceutically acceptable carrier, intended for use in the treatment of mental or neurological disorders.
  • Claim 3: The compound itself, defined by a particular chemical formula with specific substituents at predetermined positions, which includes both the substituted and unsubstituted variants.

Dependent Claims

Dependent claims specify variations such as:

  • Specific substituents (e.g., methyl, chloro groups).
  • Particular forms of administration (e.g., oral, injectable).
  • Dosage ranges optimized for therapeutic efficacy.
  • Stability and formulation specifics.

Claim Limitations

The claims focus on compounds with a particular core structure, with variations at certain positions to include a range of derivatives. The scope does not explicitly include other chemical classes or alternative therapeutic indications outside CNS disorders.

Patent Landscape Analysis

Historical Context and Patent Lifecycle

Filed in 1983, the patent was granted in 1985 and typically lasts for 20 years from the filing date, expiring around 2003 or 2004, unless extended. This timing positions it as a patent originally intended to secure primary rights during the development and commercialization phases of the molecule in question.

Patent Family and Related Patents

The patent’s family includes application filings in several countries, including Europe, Japan, and Canada, indicating a strategy to protect the compound globally. Many family members have broad claims covering similar chemical entities and therapeutic uses.

Subsequent Patent Filings and Improvements

Post-1985, competitors or the patent owner have filed continuation or divisional applications. These seek to:

  • Broaden the scope to include other chemical derivatives.
  • Cover new formulations like sustained-release forms.
  • Patent new therapeutic methods based on the same core compound.

Patent Litigation and Enforcement

There are no well-documented litigations specifically involving U.S. Patent 4,499,108. However, the patent’s expiration opens room for generic manufacturers to enter the market, often leading to patent challenges or filings for new formulations.

Patent Expirations and Opportunities

  • Patent expired around 2004 due to the statutory term.
  • Opportunities exist for generics or new formulations based on the original chemical structure.
  • Existing data suggests no enforceable patent rights beyond the original term, fostering competition.

Competitive Landscape

Major pharmaceutical companies with research in CNS disorders hold other patents around similar compounds, such as selective serotonin reuptake inhibitors (SSRIs), atypical antipsychotics, or norepinephrine-dopamine reuptake inhibitors (NDRIs). The landscape includes patent literature, research pipelines, and marketed drugs derived from similar chemical classes.

Recent Innovations and Patent Filings

Post-expiry, new patents target:

  • New formulations with improved pharmacokinetics.
  • Combination therapies.
  • Targeted delivery mechanisms.

These innovations do not directly infringe on the original patent but often explore related chemical space.

Implications for R&D and Investment

  • The original compound is off-patent, enabling generic development.
  • Focus shifts to new chemical entities or improvements based on the original structure.
  • Strategic filings may involve new therapeutic claims or delivery methods.
  • Patent expiration increases market entry competition, reducing exclusivity-based pricing.

Summary Table

Aspect Details
Original Patent Filing 1983
Grant Date 1985
Expiry Date 2004 (generally 20-year term)
Primary Focus CNS disorder treatment via specified chemical compounds
Patent Family Files in Europe, Japan, Canada, etc.
Related Patents Continuations, divisional applications expanding scope
Current Status Expired, open for generic and new patent filings
Main Competitors Companies developing CNS drugs, generics, or formulations

Key Takeaways

  • U.S. Patent 4,499,108 covers a chemical compound and its therapeutic use for CNS disorders.
  • The original patent expired roughly two decades ago, allowing for generic versions.
  • The scope includes both the chemical entities and their pharmaceutical compositions.
  • The patent landscape shifted towards new formulations and delivery methods, often through newer patents.
  • The market for this chemical class is now competitive, with opportunities primarily in formulation improvements or new indicational claims.

FAQs

1. Can a company now produce generic versions of the compound claimed in U.S. Patent 4,499,108?
Yes. Since the patent expired around 2004, generic manufacturers can produce and market generic versions legally.

2. Are there current patents protecting improvements related to this compound?
Yes. New patents cover formulations, delivery methods, or new therapeutic uses based on the original chemical.

3. Does the expiration of the patent affect ongoing research?
It lowers barriers for research and development, but active patenting of derivatives or improvements can still provide exclusivity.

4. What legal actions might companies have used to extend protection related to this patent?
Possible continuation applications or patents for specific formulations and uses, but not the original compound.

5. Which companies historically held rights or filed related patents?
Major pharmaceutical firms with CNS drug pipelines, such as Eli Lilly or Janssen, often hold related patents covering neuropsychiatric agents.


References

[1] U.S. Patent and Trademark Office. (1985). Patent 4,499,108.
[2] European Patent Office. Patent family filings related to U.S. Patent 4,499,108.
[3] International (PCT) applications. (1985-2005).
[4] Market reports on CNS therapeutics. (2022).

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Drugs Protected by US Patent 4,499,108

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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