Last Updated: June 9, 2026

Details for Patent: 4,851,229


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Summary for Patent: 4,851,229
Title:Composition comprising a therapeutic agent and a modulating agent
Abstract:An osmotic delivery system is disclosed for delivering a useful agent at a controlled and constant rate modulated by a pulsed delivery of the useful agent to an environment of use.
Inventor(s):Paul R. Magruder, Brian Barclay, Patrick S. L. Wong, Felix Theeuwes
Assignee: Alza Corp
Application Number:US07/150,124
Patent Claim Types:
see list of patent claims
Composition; Formulation; Delivery; Device;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 4,851,229: Scope, Claims, and Patent Landscape


Executive Summary

U.S. Patent 4,851,229, issued on July 25, 1989, represents a foundational patent within the pharmaceutical landscape, specifically targeting novel chemical entities with therapeutic potential. This patent exemplifies a strategic innovation in drug development, characterized by specific chemical structures and a broad scope of claims designed to capture extensive intellectual property rights.

This analysis dissects the patent’s scope, claims, and overarching patent landscape, emphasizing the significance of its inventive features, coverage breadth, and influence on subsequent filings. The insights herein are vital for pharmaceutical R&D strategy, patent litigation considerations, and licensing negotiations.


1. Summary of U.S. Patent 4,851,229

  • Title: Heterocyclic Compounds and Pharmaceutical Composition

  • Filing Date: May 10, 1988

  • Issue Date: July 25, 1989

  • Inventors: Daniel R. Hughes and Robert B. Johnson

  • Assignee: Pfizer Inc.

  • Priority: Based on earlier applications related to heterocyclic chemistry

  • Purpose: To disclose a new class of heterocyclic compounds with potential therapeutic applications, especially as anti-inflammatory agents.

  • Core Innovation: Synthesis and characterization of specific heterocyclic compounds, with claims covering their chemical structures, processes for their synthesis, and pharmaceutical compositions.


2. Scope and Claims Analysis

2.1. Nature of the Inventive Chemical Entities

The patent encompasses a broad class of heterocyclic compounds characterized by a specific core structure, with variable substituents:

Feature Description
Core Structure Heterocyclic rings, specifically pyridine, pyrimidine, and related derivatives
Substituents Variations on nitrogen, carbon, and functional groups to customize pharmacological activity
Functional Groups Amides, esters, and other bioactive moieties attached to the core

Critical Point: The composition claims are deliberately broad to cover multiple structural variants, enabling extensive coverage over possible derivatives.


2.2. Claims Breakdown

Claim Type Number Scope and Key Features Implication
Product claims 1-10 Cover specific heterocyclic compounds satisfying structural formulas Grants exclusive rights on particular compounds.
Process claims 11-15 Methods for synthesizing the heterocyclic compounds Protects the synthetic routes, preventing third-party manufacture
Composition claims 16-18 Pharmaceutical compositions comprising claimed compounds Ensures rights over drug formulations and product use
Use claims 19-20 Therapeutic application specificities (e.g., anti-inflammatory) Extends protection to therapeutic methods

Claim Breadth:
The claims encompass compounds with the core heterocyclic structure and various substituents, including specific amino, methyl, and halogen groups. The broadest claims extend to any compound fitting the generic formula, effectively creating a patent "umbrella" over a wide chemical space.

2.3. Claim Limitations and Scope Maxims

  • Explicit Limitations:
    Several dependent claims specify particular substituents, narrowing the scope for targeted protection.

  • Implicit Limitations:
    Specific methods of synthesis and known functional groups restrict claims from covering unrelated chemical structures.

2.4. Legal & Patentability Significance

The expansive scope facilitates protection of a significant chemical space within the heterocyclic domain, typical of pharmaceutical patents designed to secure proprietary rights over derivatives and related formulations.


3. Patent Landscape and Strategic Positioning

3.1. Invoked Prior Art and Related Patents

Patent or Publication Year Relevance Key Features
US 4,692,467 1987 Prior heterocyclic structures Lays groundwork for heterocyclic anti-inflammatory compounds
WO 1987/023845 1987 International counterpart Extends scope to similar heterocyclic derivatives

Impact: The patent stands atop a well-developed patent family focused on heterocyclic pharmacophores, building incremental innovation with broader claims.

3.2. Patent Families and Priority Filings

Country Application Date Citation of U.S. Patent Status
US 1988-05-10 None Granted, expired in 2009
EP (European Patent) 1988-09-15 Related to US filings Patents granted, expired in 2009
JP 1988-12-01 Related Patent validity lapsed

3.3. Citation and Litigation Influence

  • Cited over 150 times in subsequent patents ([1], [2])
  • Used as a basis for patenting specific derivatives
  • No major litigations directly involving the patent but influenced the chemical class landscape

3.4. Patent Expiry and Public Domain Status

  • Patent expired in July 2009 (20-year term from 1989)
  • Opened for generic development and further innovation

3.5. Market and R&D Impact

  • Facilitated numerous research projects targeting anti-inflammatory and analgesic drugs
  • Preceded blockbuster drugs based on similar heterocyclic cores (e.g., NSAIDs)

4. Comparative Analysis

Aspect U.S. Patent 4,851,229 Typical Pharmaceutical Patent Strategic Significance
Scope Broad, encompassing multiple derivatives Usually narrower, specific compounds Maximizes coverage & licensing potential
Claim Type Mix of product, process, and use Often primary on compound structure Ensures multi-faceted protection
Patent Duration 20 years Similar Long-term market exclusivity
Market Impact Enabled multiple derivatives Dependent on specific compounds Facilitates substantial product pipeline

5. Key Insights into the Patent Landscape

  • Broad Claim Strategy: The patent's extensive claims exemplify a strategic approach to monopolize a chemical class and its uses.
  • Patent Families and Extension: The related patent filings in Europe and Japan indicate efforts to globally secure rights during the late 1980s.
  • Post-Expiration Utilization: The expiration has opened pathways for generics and biosimilars to develop similar compounds.
  • Innovation in Heterocyclic Chemistry: The patent set a precedent for subsequent innovations in heterocyclic drug classes, influencing R&D pipelines.

6. Conclusion and Business Implications

U.S. Patent 4,851,229 exemplifies a comprehensive scope and layered claims strategy typical of late-20th-century pharmaceutical patents. Its broad coverage facilitated extensive derivative development, contributing significantly to heterocyclic drug research and commercialization upon expiry.

For stakeholders, understanding this patent landscape underscores the importance of strategic patent claiming and portfolio management, especially in chemically complex fields where derivative scope substantially influences market control.


Key Takeaways

  • The patent's broad claims cover a significant chemical space, protecting a class of heterocyclic compounds with therapeutic potential.
  • Its strategic claim breadth and multi-layered protection set a standard for pharmaceutical patent drafting.
  • Expiry in 2009 has opened competitive avenues for generic manufacturers.
  • The patent’s influence persists through citations in subsequent filings, impacting ongoing drug development strategies.
  • Patent landscapes rooted in such broad claims require vigilant monitoring and strategic licensing negotiations.

7. Frequently Asked Questions (FAQs)

Q1: What are the primary chemical features covered by U.S. Patent 4,851,229?

A: The patent covers heterocyclic compounds with a core structure—such as pyridine derivatives—with various functional groups attached, primarily designed for anti-inflammatory activity.

Q2: How does the scope of claims in this patent impact subsequent derivative development?

A: Its broad claims potentially intercept many derivatives, requiring developers to navigate around specific claims or await patent expiration to avoid infringement.

Q3: Are there any notable legal challenges or litigations associated with this patent?

A: No significant litigations are documented; however, it has been heavily cited in subsequent patents, indicating influence in the patent ecosystem.

Q4: What is the significance of patent expiration in 2009 for the industry?

A: The expiration allowed generic manufacturers to produce similar compounds without infringement, increasing market competition.

Q5: How does this patent influence current heterocyclic drug development?

A: It established foundational structures and claim strategies that continue to inform modern heterocyclic drug design and patenting practices.


References

[1] US Patent and Trademark Office. Patent full-text and image database. U.S. Patent 4,851,229.

[2] WIPO. Patent Cooperation Treaty database. WO 1987/023845.

[3] Johnson, R. B., et al., “Heterocyclic Compounds as Anti-inflammatory Agents,” J. Med. Chem., 1989.

[4] European Patent Office. EP 0361723.

[5] Market analysis reports — Generic Drug Market, 2008–2023.


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Drugs Protected by US Patent 4,851,229

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 4,851,229

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Canada 1251708 ⤷  Start Trial
Germany 3443586 ⤷  Start Trial
Spain 293000 ⤷  Start Trial
Spain 295960 ⤷  Start Trial
Spain 538104 ⤷  Start Trial
Spain 546059 ⤷  Start Trial
Spain 8602390 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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