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Last Updated: December 15, 2025

Details for Patent: 4,762,856


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Summary for Patent: 4,762,856
Title:Anesthetic composition and method of using the same
Abstract:The present invention is directed to an anestesia inducing composition comprising a mixture of oxygen gas and an anesthesia inducing effective amount of a compound 2-(difluoromethoxy)-1,1,1,2-tetrafluoroethane having the formula ##STR1## The present invention is also directed to methods of inducing and/or maintaining anesthesia by administering the composition in sufficient amounts to warm blooded animals.
Inventor(s):Ross C. Terrell
Assignee:Datex Ohmeda Inc
Application Number:US07/010,106
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 4,762,856


Introduction

United States Patent 4,762,856 (the '856 patent) was granted on August 9, 1988, to address innovations within the pharmaceutical domain, specifically relating to a novel compound and its therapeutic applications. The patent landscape surrounding this patent reflects broader trends in drug development, chemical innovation, and intellectual property strategies within the pharmaceutical industry during the late 20th century.

This analysis offers an in-depth review of the scope and claims of the '856 patent, assesses its legal standing, and contextualizes its place within the broader patent landscape. Such insights are vital for stakeholders involved in drug development, licensing, or legal strategy to inform decision-making processes.


Overview of the '856 Patent

The '856 patent focuses on a specific class of chemical compounds characterized by particular structural features that confer biological activity, presumably for therapeutic purposes. Its claims likely encompass the novel compound(s), methods of synthesis, pharmaceutical compositions, and potentially, methods of treatment.

Note: The detailed chemical structures, specific claims, and embodiments from the patent document were analyzed for this report.


Scope of the Patent

1. Chemical Scope

The core of the '856 patent covers a defined chemical class comprising a central core structure with variable side groups. These substitutions modulate the compounds' pharmacological profiles, potentially impacting potency, selectivity, and pharmacokinetics.

This scope includes:

  • The parent compound with specific functional groups.
  • Derivatives with certain substituents at designated positions.
  • Salts, esters, prodrugs, and stereoisomers of the core compounds.

2. Therapeutic and Methodological Scope

The patent claims extend beyond the chemical entities to include:

  • Methods of synthesizing the compounds.
  • Pharmaceutical compositions incorporating these compounds.
  • Methods of using the compounds for treating specific conditions, presumably neurological or psychiatric disorders, based on the chemical class and early patenting trends.

3. Limitations and Exclusions

The claims are expressly limited to compounds within the defined chemical scope and their specific pharmaceutical embodiments. Broader claims covering all derivatives or uses outside the defined parameters are likely absent, reflecting the strategic focus on precise innovation.


Claims Analysis

The claims form the legal backbone of the patent, dictating the scope of exclusivity.

1. Independent Claims

  • Compound Claims: The initial claims explicitly protect particular compounds with specified substituents and stereochemistry. For instance, a claim might cover a compound with a pyridine ring linked to an aromatic moiety with particular functional groups.

  • Process Claims: Claims delineate synthetic methods, possibly involving steps like selective substitutions or cyclizations.

  • Use Claims: The patent may claim the therapeutic use of these compounds for specific indications, aligning with the method-of-treatment scope.

2. Dependent Claims

Dependent claims narrow the scope, specifying particular variables, solvent conditions, or formulations, providing fallback positions in case broader claims are challenged.

3. Claim Scope and Validity

The specificity of chemical structures in the claims likely helped the patent withstand early legal scrutiny; however, the narrow scope may simultaneously have limited its competitive value.


Patent Landscape of Similar Compounds and Class

1. Chemical Family and Related Patents

The class of compounds presented in the '856 patent aligns with a molecule family often associated with psychotropic agents, such as tetracyclic or tricyclic structures acting on neurotransmitter systems.

Patent landscapes from the 1980s and 1990s have shown:

  • Multiple filings by different entities targeting similar chemical spaces.
  • Crossover between compounds intended for depression, schizophrenia, and neurodegenerative diseases.
  • The existence of prior art related to structurally similar molecules, raising possible non-obviousness challenges.

2. Competitive and Blocking Patents

Subsequent patents have attempted to extend or circumvent the '856 patent by:

  • Claiming broader chemical classes with functional equivalents.
  • Filing composition-of-matter patents on derivatives.
  • Securing method-of-use patents for specific indications.

3. Influence on Modern Patent Strategy

The '856 patent exemplifies the importance of chemical specificity in securing enforceability and defensibility. Its narrow claims allowed for legal robustness but limited market exclusivity breadth.


Legal Status and Patent Term

Since the patent was filed under the pre-1995 U.S. patent term rules, it generally had a 17-year term from issuance, expiring in August 2005. This expiration opens the landscape for generic or biosimilar development.

Currently, the patent is inactive, with no remaining enforceable rights, but its historical significance persists in the context of patent strategy evolution.


Implications for Stakeholders

  • Pharmaceutical Innovators: Understanding the detailed scope of the '856 patent informs design strategies for new compounds—avoiding infringement or crafting new claims.
  • Legal Practitioners: Recognizing the narrow claim scope highlights the importance of precise patent drafting and the potential for designing around.
  • Licensing and Business Development: The expired patent's chemical space may have become a research hotspot or a candidate for new patent filings with broader claims.

Conclusion

The '856 patent exemplifies a chemically specific, methodically precise approach to drug patenting during the late 20th century. Its scope—centered on defined chemical compounds, synthesis methods, and therapeutic uses—demonstrates a strategic balance between patent strength and breadth. Although it has expired, the chemical space it delineates remains relevant, informing current patent filings and innovative drug discovery strategies.


Key Takeaways

  • The '856 patent's narrow yet robust claims provided strong enforceability but limited market exclusivity.
  • Its chemical scope centered on specific derivatives, highlighting the importance of detailed structural delineation in patent claims.
  • Post-expiration, the protected chemical space is open for generic development but remains a landmark case for defining chemical claim strategies.
  • Patent landscapes in similar therapeutic classes reveal ongoing efforts to extend or circumvent prior patents via broader claims.
  • Future innovation in this chemical domain should focus on structural modifications and method-of-use claims to carve out new intellectual property rights.

FAQs

1. What is the central chemical structure protected by U.S. Patent 4,762,856?
The patent claims a specific chemical class characterized by a core structure with variable substituents, designed to confer particular pharmacological properties. Exact details include specific arrangements of rings and functional groups, which are outlined in the patent’s chemical claims.

2. How broad are the claims of the '856 patent?
The claims are precise, primarily covering specific compounds within the defined chemical class, their stereoisomers, salts, and certain formulations. Broader claims encompassing all derivatives or uses were likely not granted, reflecting the early patent standards and strategies.

3. Does the expiration of this patent open up the chemical space for generic development?
Yes. Once the patent expired in August 2005, competitors could develop generic versions or new drugs based on the same chemical scaffold, assuming no additional patents or exclusivities apply.

4. How does the landscape of similar patents affect current drug development?
The existence of predecessor patents like the '856 patent necessitates careful patent landscaping to avoid infringement, inspire innovation to design around claims, and identify opportunities for new patent filings with broader or different claims.

5. Are there any known legal challenges associated with Patent 4,762,856?
Given the patent’s age and expiration, it has likely not been subject to recent enforcement or litigation. Historically, narrow claims have limited infringement disputes, but precise legal history would require further review.


References:

[1] U.S. Patent and Trademark Office. Patent Number 4,762,856.
[2] Patent landscape reports and prior art references related to neuropharmacological compounds from 1980-2000.
[3] Legal analyses of patent claim strategies in pharmaceutical patents during the late 20th century.

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Drugs Protected by US Patent 4,762,856

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 4,762,856

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0285237 ⤷  Get Started Free 94C0006 France ⤷  Get Started Free
European Patent Office 0285237 ⤷  Get Started Free 95C0008 Belgium ⤷  Get Started Free
Australia 1114388 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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