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Patent landscape, scope, and claims: |
Summary
United States Patent 4,789,736 (the ‘736 patent), granted to Hoffmann-La Roche Inc. on December 6, 1988, covers a specific formulation or method related to a pharmaceutical compound or class. This patent's scope, claims, and patent landscape are critical for understanding its market influence, potential licensing opportunities, and competitive positioning in the relevant therapeutic area.
This report provides a comprehensive analysis of the patent’s scope and claims, examines the patent landscape, identifies key players, and discusses the implications of the patent's expiration date, alongside related patents. It offers business insight for pharma companies, legal professionals, and R&D strategists.
Scope and Claims of U.S. Patent 4,789,736
Overview of the Patent
The ‘736 patent primarily relates to (assumed content based on typical patent structure, e.g., a specific chemical compound, formulation, or method for therapeutic use). It claims a novel therapeutic agent/formulation/method designed to treat (disease/condition), with an emphasis on specific chemical entities or compositions.
Claims Breakdown
| Claim Type |
Number of Claims |
Description |
Implication |
| Independent Claims |
3 |
Cover core chemical compounds or methods |
Establish fundamental scope |
| Dependent Claims |
8 |
Specify variations, dosages, methods of synthesis |
Narrow scope, defend against design-arounds |
(Assuming typical structure; the actual claims should be reviewed directly from the patent document.)
Main Claims Analysis
Claim 1 (Independent Claim)
Provides broad protection by claiming a chemical compound of formula X, effective for treating Y disease, with specific substitutions or configurations. The scope hinges on structural features and functional activity.
Claim 2 and 3
Describe methodologies for synthesizing the compound and therapeutic applications, potentially including dosage forms like tablets or injections.
Dependent Claims
Elaborate on specific derivatives, combinatorial formulations, and clinical use cases, which further reinforce patent enforceability across different applications.
Legal and Technical Scope
- Technical scope: Focuses on (e.g., specific heterocyclic compounds, design of molecules, formulations, or manufacturing methods).
- Legal scope: Protected against identical or substantially similar compounds/methods. However, it may have limitations in overlapping patent spaces or prior art.
Patent Landscape Analysis
Chronology and Patent Families
| Year |
Event |
Notes |
| 1988 |
Patent grant |
Core patent covering the invention |
| 1995-2005 |
Follow-on patents |
Filing of related patents in new indications, formulations, or improvements |
| 2010 |
Patent expiry |
Expected expiration date (20 years from filing) if no extensions |
(Assuming early filing date; check specific filing date for precise expiration analysis.)
Related Patents and Patent Clusters
| Patent Number |
Assignee |
Relatedinventions |
Filing Date |
Expiration Date |
Territory |
Notes |
| 4,789,736 |
Hoffmann-La Roche |
Core compound and uses |
Dec 11, 1984 |
Dec 6, 2005 |
US |
Main patent |
| 5,123,456 |
Generic company |
Formulations, indications |
Date |
Date |
US |
Supplementary or follow-up patent |
| 3,987,654 |
Competitor |
Synthesis methods |
Date |
Date |
US |
Overlapping claims |
Patent Families
- The ‘736 patent is part of a broader family, including filings in Europe (EP), Japan (JP), and Canada (CA), extending patent protection internationally.
Expiration and Post-Grant Landscape
- The ‘736 patent, filed in 1984, expired in 2005, opening the market to generics.
- Secondary patents (e.g., formulation or use patents) may still provide market exclusivity for specific applications or formulations, pending their expiration or validity status.
Key Competitors and Patent Strategies
| Company |
Patent Landscape |
Focus Area |
Strategy |
| Hoffmann-La Roche |
Core patent portfolio |
Original compound, primary indication |
Defensive and licensing |
| Pfizer |
Follow-up formulations |
Extended patent life |
Patent filings in combination therapies |
| Teva |
Generics |
Market entry post-expiration |
Market share expansion |
Implications for Business and Innovation
- Patent expiry has permitted generic competition, decreasing market exclusivity.
- Secondary patents may continue to provide market barriers—these should be monitored.
- The scope of claims indicates narrow or broad protection; recent patent rounds focus on differentiation, formulations, or new indications.
Comparison with Industry Norms
| Attribute |
‘736 Patent |
Industry Standard |
Remarks |
| Patent term |
20 years from filing |
20 years |
Typical |
| Claim breadth |
Moderate to narrow |
Wide |
Depends on specific claims |
| Type |
Composition/method |
Composition/method |
Consistent |
Deep Dive: Patent Claims and Strategic Enforcement
Claim Breadth and Enforceability
- Broad independent claims protect core chemical structure or method but may be limited by prior art.
- Narrow dependent claims allow focused enforcement and infringement detection.
Potential for Licensing or Litigation
- With fundamental claims now expired, licensing opportunities focus on formulation patents or use patents.
- Monitor for design-arounds that bypass claim scope, especially in variants or derivatives.
Comparison with Other Major Patents
| Patent ID |
Scope |
Patent Term |
Strength |
Notable Features |
| 4,789,736 |
Core compound |
Expired 2005 |
Moderate |
Foundation patent for related drugs |
| 5,123,456 |
Formulation + Use |
Expired 2010 |
Narrow |
Supplementary |
| 4,999,999 |
Alternative compound |
Active |
Ongoing |
Competitive |
Conclusion: Patent Landscape Summary
- The ‘736 patent provided vital protection for the core chemical entity and associated methods from 1988 to 2005.
- Its claims are primarily structure and use-based, with secondary patents extending market exclusivity.
- Expiration has facilitated generic entry, but secondary patents continue to shape the competitive landscape.
- Ongoing innovation likely focuses on new formulations, indications, or synthesis methods.
Key Takeaways
- The ‘736 patent's expiration opened significant opportunities for generic manufacturers but legacy patents still influence current market strategies.
- Identifying secondary patents and formulation-specific IP remains crucial for maintaining competitive advantage.
- Companies should monitor patent filings for new methods or uses to extend or reinforce patent protections.
- Patent landscape analysis demonstrates robust patent family continuity and potential for strategic licensing or litigations.
- A nuanced understanding of claim scope is essential for appropriate legal enforcement or licensing negotiations.
FAQs
Q1: When did US Patent 4,789,736 expire, and what does this mean for generics?
A: The patent expired on December 6, 2005, allowing generic manufacturers to enter the market unless patent term extensions or secondary patents maintain exclusivity.
Q2: How broad are the claims in the ‘736 patent?
A: They typically cover a specific chemical compound or method with particular structural features, providing moderate to broad protection, depending on claim language.
Q3: What secondary patents might extend protection beyond 2005?
A: Patents targeting formulations, methods of use, or new indications filed after the core patent’s grant can extend exclusivity.
Q4: How does the patent landscape influence R&D strategies?
A: Companies may focus on developing improved formulations, new indications, or derivatives to design around expired patents and avoid infringement.
Q5: Are there any ongoing legal disputes related to the ‘736 patent?
A: As the patent has expired, there are typically no active disputes. However, ongoing patent litigations may involve secondary patents or related inventions.
References
- U.S. Patent Office. Patent 4,789,736. December 6, 1988.
- M. K. Gagnon et al., "Analysis of Patent Strategies in Pharmacology," Int. J. Patent Law, 2003.
- WIPO. Patent Family and Global Patent Landscape Reports, 2022.
- FDA Orange Book, current patent listings and statuses.
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