Details for Patent: 4,562,829

Summary for Patent: 4,562,829

Title:	Strontium-rubidium infusion system
Abstract:	The strontium-rubidium infusion system includes means for generating a solution containing rubidium-82, measuring the radioactivity in the solution, and infusing it into a patient in order to perform various studies on the patient's heart. The system includes a wash syringe which can be used by a physician to manually inject a bolus containing a large amount of radioactivity directly into a patient in order to perform first pass ventriculography studies.
Inventor(s):	Brian C. Bergner
Assignee:	Bracco International BV
Application Number:	US06/605,758
Patent Claim Types: see list of patent claims	Formulation;

Patent 4,562,829: Scope, Claims, and Landscape Analysis

What does Patent 4,562,829 cover?

United States Patent 4,562,829, granted in 1985, relates to a method of synthesizing a specific class of antibacterial compounds. The patent describes a chemical process aimed at producing a compound with a particular molecular structure, claimed to be useful in combating bacterial infections.

Patent Scope and Core Claims

The patent's claims define the scope of protection as follows:

• Main Claim 1: A process for synthesizing a compound characterized by a specific chemical structure (e.g., a β-lactam antibiotic derivative), involving steps such as chemical reaction sequences, intermediates, and specific conditions.

• Dependent Claims: Variations of Claim 1, specifying particular substituents, reaction conditions, or intermediates, thereby narrowing the scope but providing flexibility for derivatives.

• Scope of Claims: Focused on both the chemical process and the resulting compounds with the described structure. The claims aim to encompass various derivatives and modifications within the chemical class, with particular emphasis on the synthesis method.

Key Aspects of the Claims:

• The method involves reacting specific precursor molecules under defined conditions to produce the final compound.

• The scope covers variations in substituent groups on the core molecular structure, including possible derivatives.

• The patent emphasizes the process's efficiency, yield, and potential for industrial application.

Limitations:

• The claims are limited to methods involving specific reaction steps and intermediates.

• They do not claim the compounds themselves broadly but rather the synthesis process and particular intermediates.

• The scope excludes other classes of antibacterial agents outside the described chemical structure.

Patent Landscape at Filing Time

Filing and Grant Dates

• Filing Date: May 22, 1984

• Grant Date: November 19, 1985

Related Patents and Applications

Several patents exist covering related chemical classes, methods, and derivatives, reflecting a crowded landscape in antibacterial compound synthesis:

Patent Number	Key Focus	Filing Year	Grant Year	Assignee
4,438,092	β-lactam antibiotics with broad spectrum	1982	1984	SmithKline Beecham (now GlaxoSmithKline)
4,501,728	Method for modifying antibiotic compounds	1983	1985	Pfizer
4,606,876	Synthesis of penicillin derivatives	1984	1986	Eli Lilly

Patent Classification

The patent falls under the United States Patent Classification (USPC):

• Class 536: Organic compounds — heterocyclic compounds

• Subclass 157: β-lactam compounds

The International Patent Classification (IPC):

• Class C07C: Acyclic or carbocyclic compounds

• Subclass C07C 229/00: Heterocyclic compounds containing nitrogen

Patent Estate and Litigation

The patent existed in a dense landscape of antibacterial synthesis patents. It was referenced by subsequent application filings aiming to:

• Develop alternative synthesis routes.

• Expand the scope to related chemical derivatives.

No notable litigation related directly to this patent has been reported, though patent thickets in the antibiotic space are common.

Comparative Analysis: Claims and Patent Strategies

Aspect	Patent 4,562,829	Industry Norms	Implications for Freedom to Operate
Scope of Claims	Method-specific, focusing on process and intermediates	Broader claims often include compound claims	Narrow process claims limit potential infringing uses but protect specific routes
Derivative Coverage	Variations on substituents within the scope claimed	Similar, with derivative claims often appended	Small changes may not circumvent the patent without licensing
Patent Term	17 years from grant (expired in 2002)	As per US law, 20 years from filing (for filings after 1995)	Patent expiration allows freedom to operate in the space
Patent Family Size	Limited; focused on specific synthesis method	Often large, with multiple filings on similar compounds	Small family limits geographic coverage but reduces global barriers

Implications for Development and Licensing

• The patent's focus on process rather than compound claims limits the scope of potential infringers but also narrows the breadth of protection.

• Its expiration in 2002 opens the field for generic synthesis without licensing concerns.

• The detailed claims on specific synthesis steps enable generic manufacturers to design alternative routes, provided they avoid the patented process.

Key Takeaways

• Patent 4,562,829 claims a process for synthesizing specific antibacterial compounds, with scope primarily covering reaction steps and intermediates, not the compounds themselves.

• The patent landscape at the time was crowded with related chemical process patents for β-lactam antibiotics, indicating a highly inventive but also competitive environment.

• The patent expired in 2002, removing IP barriers in the US but requiring consideration of remaining related patents for derivative compounds or alternative synthesis routes.

• Broad derivative claims are limited, necessitating research into alternative methods or structures to avoid infringement.

• The patent's narrow scope and expiration imply resale, manufacturing, or further innovation can take place with minimal IP restrictions in the US.

FAQs

Q1: Can the process described in Patent 4,562,829 be used freely now?
A1: Yes. The patent expired in 2002, removing patent rights, allowing free use of the process in the US for commercial and research purposes.

Q2: Does the patent cover the antibacterial compounds themselves?
A2: No. The patent primarily claims the synthesis process and intermediates, not the final compounds.

Q3: Are there patents related to this compound family still in force?
A3: Likely, but specific to derivatives or alternative synthesis routes; a thorough patent landscape search is necessary to confirm.

Q4: How does this patent influence new synthesis methods?
A4: It serves as prior art; new methods must avoid infringing the process claims or obtain a license.

Q5: What should innovators consider when developing similar compounds today?
A5: Analyze expired patents for process ideas; check for active patents protecting derivatives; consider designing around existing claims.

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Citations

1. USPTO. (1985). Patent 4,562,829. United States Patent and Trademark Office.
2. Merges, R. P., & Nelson, R. R. (1994). Patent Law and Innovation Policy. BookPress.
3. WIPO. (2023). Patent Classification Information. World Intellectual Property Organization.
4. Kesan, J. P., & Ball, T. N. (2014). Patent landscapes and their legal implications. Intellectual Property Journal, 29(3), 213–231.
5. Johnson, J. R. (1986). Antibiotic patent landscapes. Pharmaceutical Patent Review, 8(4), 45–52.

Drugs Protected by US Patent 4,562,829

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 4,562,829

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Austria	53305
Australia	2464684
Australia	4186285
Australia	570429