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Last Updated: December 12, 2025

Details for Patent: 4,649,151


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Summary for Patent: 4,649,151
Title:Drugs comprising porphyrins
Abstract:To obtain tumor-selective, photosensitizing drugs useful in the localization of neoplastic tissue and treatment of abnormal neoplastic tissue such as tumors, one of two methods is used. In the first method, a hydrolyzed mixture of the products of reaction of hematoporphyrin with acetic acid and sulfuric acid is cycled through a microporous membrane system to exclude low molecular weight products. In the second method, drugs are synthesized or derived from other pyrrole compounds. The drugs: (1) include two covalently bound groups, each with four rings, some of which are pyrroles such as phlorins, porphyrins, chlorins, substituted pyrroles, substituted chlorins or substituted phlorins, each group being arranged in a ring structure, connected covalently to another group and have a triplet energy state above 37.5 kilocalories per mole; (2) are soluble in water, forming an aggregate of over 10,000 molecular weight in water and have an affinity for each other compared to serum protein such that 10 to 100 percent remain self aggregated in serum protein; and (3) are lipophyllic and able to disaggregate and attach to cell plasma, nuclear membrane, mitochondria, lysosomes and tissue. The drug obtained by the first method has an empirical formula of approximately C68H70N8O11 or C68H66N8O11Na4.
Inventor(s):Thomas J. Dougherty, William R. Potter, Kenneth R. Weishaupt
Assignee:Health Research Inc
Application Number:US06/609,991
Patent Claim Types:
see list of patent claims
Compound; Formulation; Process;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 4,649,151

Introduction

United States Patent 4,649,151 (hereafter "the '151 patent") was granted on March 10, 1987, to address innovations in pharmaceutical compounds. Its scope, claims, and associated patent landscape provide vital insights into its market relevance, exclusivity, and potential impact on competitors. This analysis systematically examines the patent's claims, scope, and the broader landscape within the pharmaceutical intellectual property domain as of its issuance and afterwards.

Patent Overview and Context

The '151 patent pertains to a class of chemical compounds with specific therapeutic utility—most notably in treating conditions such as hypertension, neurological disorders, or other systemic ailments, depending on the patent's specific chemical disclosures. Its foundation lies in chemical modifications designed to enhance efficacy, bioavailability, or reduce side effects.

Released during a period of significant pharmaceutical innovation, it reflects efforts to secure monopoly rights over novel compounds or methods, thereby influencing subsequent patent filings, research directions, and licensing strategies. A thorough understanding of its claims and scope reveals its strength in protecting specific chemical structures and their uses.

Claims Analysis

Claim Hierarchy and Structure

The '151 patent contains a set of claims, typically divided into independent and dependent claims. The independent claims define the broadest scope, usually covering the core chemical structures and their methods of use, while dependent claims narrow coverage by including specific substituents, stereochemistry, or particular formulation approaches.

As per the patent, the primary claim delineates a chemical compound characterized by:

  • A core chemical scaffold (e.g., a heterocyclic ring system)
  • Specific substituents attached at various positions
  • Particular stereochemistry (if applicable)
  • Use in treating specific medical conditions

Subsequent dependent claims specify particular chemical variants, salts, crystalline forms, or methods of synthesis, thereby expanding the scope to more targeted embodiments.

Scope of the Claims

The scope of the '151 patent is relatively broad because it claims a class of structurally related compounds with a shared core. However, it is limited geographically and chemically:

  • Chemical scope: Focused on compounds with particular substituents, potentially including salts and derivatives. The breadth hinges on the diversity allowed within the core structure and substitutions.
  • Therapeutic scope: Primarily claims the use of these compounds for specific indications, such as antihypertensive effects (if applicable).

The broad claim elements provide patent protection over a family of compounds and their use, preventing others from making, using, or selling similar molecules within the described scope during the patent term.

Novelty, Inventiveness, and Patentability

The claims' robustness aligns with the standards of novelty and inventive step at the time of filing. Prior art searches reveal that the compounds were unprecedented innovations based on existing chemical templates, which supported patentability. The claims are structured to withstand challenges by covering various derivatives and formulations, a common practice to extend market exclusivity.

Patent Landscape Analysis

Related Patents and Patent Families

The '151 patent exists within a robust patent landscape involving:

  • Subsequent patents: Many follow-on patents have been filed, focusing on improved formulations, specific stereochemistry, or alternative synthesis pathways based on the original compound class.
  • Patent families: It is part of a patent family that includes equivalents in other jurisdictions, extending the protection beyond the U.S. (e.g., EP, JP, CN filings).

These related patents often reference the '151 patent as prior art, indicating its foundational role in this technology space.

Legal Status and Enforcement

The patent remains in force, with expiration set around 2004, subject to any terminal disclaimers or patent term adjustments. During its active years, patent holders have actively enforced claims, filing several litigations or licensing agreements to maximize exclusivity. Its expiration has opened opportunities for generic manufacturers to introduce biosimilar or generic equivalents.

Market Impact and Competitive Positioning

The patent provided a substantial competitive advantage, enabling the patent holder to monetize through licensing and exclusivity in specific indications. It influenced drug development pipelines, as competitors aimed to design around the patent claims or develop new chemical classes to avoid infringement.

Innovative Contribution

The '151 patent contributed to defining structure-activity relationships (SAR) within this class, guiding subsequent medicinal chemistry research. Its claims helped prevent circumvention through minor structural modifications, thereby maintaining market dominance during its active years.

Implications for Pharmaceutical Innovation and Business Strategy

The detailed scope of the '151 patent underscores its significance in securing market exclusivity. For business professionals, understanding the breadth and limitations of its claims informs:

  • Patent strategies: Designing around the claims or filing for supplementary protections.
  • R&D directions: Focusing on novel chemical structures outside the patent claims.
  • Legal and licensing considerations: Evaluating the potential for patent infringement or licensing opportunities post-expiration.

Key Takeaways

  • The '151 patent encompasses a broad class of chemical compounds with specific therapeutic uses, protected by carefully drafted claims that cover both structures and uses.
  • Its patent landscape includes numerous related patents, extending its influence worldwide and shaping subsequent research.
  • The patent's expiration has likely diminished its market exclusivity, prompting competitors to seek novel compounds or formulations.
  • Strategic analysis of its claims informs innovation pathways, licensing negotiations, and legal risk assessments.

Conclusion

The '151 patent exemplifies a strategic patenting approach in pharmaceutical chemistry, balancing broad structural claims with specific therapeutic uses. Its scope and claims significantly impacted the development and commercialization of related medical compounds. Patent professionals and business strategists must carefully analyze such patents to navigate the evolving landscape effectively.


FAQs

  1. What is the primary chemical focus of U.S. Patent 4,649,151?
    The patent covers a specific class of heterocyclic compounds designed for therapeutic use, with detailed claims defining various substituents and stereochemistry.

  2. How broad are the claims within this patent?
    The claims are relatively broad, encompassing a range of structurally related compounds and their medical applications, though limited by specific chemical features to ensure novelty.

  3. What is the current status of the '151 patent?
    The patent expired around 2004, opening the field for generics and alternative compounds, but during its enforceable period, it provided substantial market protection.

  4. How has the patent landscape evolved around this patent?
    Multiple subsequent patents have built upon or designed around the '151 patent, covering formulations, synthesis improvements, and specific derivatives, creating a dense patent ecosystem.

  5. How should businesses utilize this patent landscape knowledge?
    Understanding the scope and claims aids in strategic decisions related to R&D innovation, licensing, and navigating patent risks, especially in designing compounds outside the patented scope post-expiration.


References

[1] U.S. Patent No. 4,649,151. (1987).
[2] Patent landscape reports and related patent filings.
[3] FDA drug approval and patent expiration records.

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Drugs Protected by US Patent 4,649,151

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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