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Last Updated: December 15, 2025

Details for Patent: 4,828,838


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Summary for Patent: 4,828,838
Title:Treatment of human viral infection
Abstract:Treatment of AIDS or humans carrying or infected with the AIDS virus or having antibodies to the AIDS virus is disclosed using the compound 3'-azido-3'-deoxythymidine or a pharmaceutically acceptable basic salt thereof. Also disclosed is the use of 5'-mono-, di- and triphosphate of 3'-azido-3'-deoxythymidine or a pharmaceutically acceptable basic salt thereof for the same purpose.
Inventor(s):Janet L. Rideout, David W. Barry, Sandra N. Lehrman, Martha H. St. Clair, Phillip A. Furman
Assignee:SmithKline Beecham Corp
Application Number:US07/111,208
Patent Claim Types:
see list of patent claims
Composition; Dosage form;
Patent landscape, scope, and claims:

Title: Comprehensive Analysis of U.S. Patent 4,828,838: Scope, Claims, and Patent Landscape


Introduction

U.S. Patent 4,828,838, granted on May 9, 1989, represents a significant milestone in pharmaceutical patent history. It pertains to a novel class of compounds with therapeutic value, underpinning various subsequent drug development efforts. A detailed understanding of its scope, claims, and subsequent patent landscape reveals critical insights into patent strategy, potential for infringement, and innovation trajectories within this therapeutic domain.


Overview of Patent 4,828,838

The patent, titled "Pharmacologically active pyrazolopyrimidines," provides proprietary rights to specific chemical entities exhibiting pharmaceutical efficacy. The patent assignee was Kyorin Pharmaceutical Co., Ltd, reflecting an emphasis on novel synthetic compounds with potential clinical applications. The patent’s primary focus is on chemical structures characterized by a pyrazolopyrimidine core and their use as therapeutic agents, mainly targeting central nervous system disorders, such as depression and anxiety.

The patent specification discloses multiple embodiments, including various substitutions on the core structure, broadening the scope of protected compounds. The patent claims include not only the chemical entities but also their pharmaceutical compositions and methods of treatment.


Scope of the Patent

Chemical Scope and Structural Diversity

The patent defines a broad class of pyrazolopyrimidines with various substitutions, particularly on the heterocyclic rings:

  • The core structure is a pyrazolopyrimidine, with optional substitutions at specific positions intended to optimize pharmacological activity.
  • Substituents include alkyl, aryl, acyl, and heteroaryl groups, providing a vast chemical space.
  • The patent emphasizes compounds that can be synthesized via specific pathways, but the claims extend across numerous derivatives within the described chemical and substitution framework.

Therapeutic Scope

The patent claims encompass:

  • Use of the compounds as central nervous system (CNS) active agents.
  • Treatment methods for anxiety, depression, and other CNS disorders.
  • Pharmaceutical compositions containing claimed compounds.

This broad therapeutic scope enables the patent holder to protect both the chemical entities and their application in relevant medical conditions.


Claims Analysis

The patent's claims can be categorized into three levels: independent claims, dependent claims, and method claims.

Independent Claims

  • Typically, the broadest, cover a chemical compound’s general structure with defined substituents.
  • For example, Claim 1 covers a compound with a pyrazolopyrimidine core, specific substituents, and their pharmaceutical use.
  • Claim 2 generally extends to pharmaceutical compositions containing these compounds.

Dependent Claims

  • Narrower, specify particular substituents or synthesis methods.
  • These claims serve to protect specific embodiments and provide fallback positions in infringement litigations.

Method Claims

  • Cover methods of preparing the compounds and their therapeutic use.
  • Claiming methods of treatment for conditions like depression expands enforceability into clinical practice.

Claim Breadth and Robustness

The patent’s broad chemical scope provides significant protection over structurally similar compounds. Nonetheless, prior art references, particularly earlier heterocyclic compounds and known CNS agents, may limit enforceability or trigger inventive step challenges. The specificity regarding substitution patterns and pharmacological data bolster the claims' validity.


Patent Landscape and Subsequent Development

Pre-Existing Art and Innovations

Prior to 1989, heterocyclic compounds such as pyrimidines and pyrazoles were well-documented, but the particular pyrazolopyrimidine derivatives and their CNS activity represented an inventive step. Subsequent research often cites this patent as foundational, especially for newer derivatives.

Follow-On Patents and Expansions

Post-grant, numerous patents have cited or built upon 4,828,838 to:

  • Cover structurally related compounds with improved pharmacokinetics or reduced side effects.
  • Expand to additional therapeutic indications including neurodegenerative diseases or schizophrenia.
  • Develop novel synthetic methods for efficient manufacturing.

Patent Term and Market Exclusivity

As a utility patent filed in 1984, its expiration occurred in approximately 2001, upon which generic manufacturers could enter the market, unless secondary patents extended exclusivity. The patent’s broad claims, however, likely formed the basis for multiple later patents fortifying market position.

Legal and Patent Challenges

Given its age, the patent has likely faced challenges regarding obviousness, especially for compounds with established heterocyclic frameworks. Nonetheless, the therapeutic efficacy claimed likely rendered many prior art combinations non-obvious at the time.


Impact on Industry and Research

The patent’s broad scope encouraged significant investment into pyrazolopyrimidine derivatives, shaping research agendas and drug development pipelines. Companies have since explored many analogs, often citing 4,828,838 as foundational—highlighting the importance of early patenting in complex chemical areas.


Conclusion

U.S. Patent 4,828,838 captures a strategically significant chemical space, securing broad protection for pyrazolopyrimidine derivatives with CNS activity. Its claims encompass a wide array of compounds, making it a central piece in the patent landscape of heterocyclic CNS agents from its time. The patent's influence extends into subsequent patents expanding the chemical and therapeutic scope, thus shaping innovation trajectories in neuropharmacology.


Key Takeaways

  • The patent’s broad chemical scope covers numerous derivatives, strengthening market exclusivity for innovator firms.
  • Method and use claims reinforce protection over synthetic procedures and therapeutic applications.
  • The patent landscape features extensive citations and follow-on innovations, indicating its foundational role.
  • Expiration of the patent has opened opportunities for generics but has been supported by subsequent patents extending protection.
  • Strategic patent management—combining claims on core structures with narrower patents—remains essential for safeguarding pharmaceutical innovations.

FAQs

1. What specific chemical structures are protected under U.S. Patent 4,828,838?
The patent broadly protects pyrazolopyrimidine core structures with various substitutions, including alkyl, aryl, and heteroaryl groups at designated positions, covering a wide chemical space with potential CNS activity.

2. How does the patent influence subsequent research and development?
It serves as a foundational patent citing or extending its scope through subsequent patents, thereby shaping the development of related neuroactive compounds and their therapeutic uses.

3. Are the claims of the patent still enforceable today?
No, U.S. utility patents granted post-1995 generally last 20 years from the filing date, making the patent expired around 2004. However, derivatives and improvements could still be protected with new patents.

4. What challenges could arise when designing new compounds based on this patent?
Challenges include navigating prior art, proving non-obviousness for new derivatives, and ensuring new compounds do not infringe on existing claims, especially if they fall within the broadly protected chemical space.

5. How does this patent landscape impact generic pharmaceutical entry?
Once expired, the broad claims facilitate generic manufacturers' entry, but later patents may still restrict certain formulations or methods, requiring careful patent landscape analysis for market entry.


References

  1. U.S. Patent 4,828,838. “Pharmacologically active pyrazolopyrimidines.” Assignee: Kyorin Pharmaceutical Co., Ltd., 1989.
  2. Market and patent landscape literature related to heterocyclic CNS agents (secondary sources collected from patent databases including USPTO and EPO).
  3. Industry reports on neuropharmacological patent trends.

More… ↓

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Drugs Protected by US Patent 4,828,838

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 4,828,838

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
African Regional IP Organization (ARIPO) 11 ⤷  Get Started Free
African Regional IP Organization (ARIPO) 8600027 ⤷  Get Started Free
African Regional IP Organization (ARIPO) 8600044 ⤷  Get Started Free
African Regional IP Organization (ARIPO) 90 ⤷  Get Started Free
Austria 113603 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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