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Patent landscape, scope, and claims: |
Patent 4,863,743: Scope, Claims, and Landscape Analysis
What is the scope and content of Patent 4,863,743?
Patent 4,863,743, granted November 7, 1989, covers a novel formulation of a pharmaceutical compound. The patent claims a specific method of preparation and a formulation that enhances bioavailability.
Key details:
- Inventors: Richard A. Johnson, et al.
- Assignee: Abbott Laboratories
- Field: Pharmaceutical compositions, specifically targeting antiviral agents.
- Focus: An improved oral dosage form of a specific antiviral drug (candidate compound).
Claims overview:
The core claims define:
- A pharmaceutical composition comprising a specified active ingredient (a nucleoside analog) in combination with a particular carrier system.
- The composition's method of manufacture involving specific granulation and compression steps.
- The formulation's stability, bioavailability, and dissolution properties.
Claim details:
| Claim Type |
Description |
Limitations/Specifications |
| Independent Claim 1 |
Composition with a nucleoside analog and a carrier system that enhances solubility. |
Includes specific carrier materials and ratios |
| Independent Claim 2 |
Method of preparing the composition involving granulation and compression techniques. |
Details procedures, temperature, and pressure |
| Dependent Claims (3-10) |
Refinements on carrier types, ratios, manufacturing conditions, stability features, etc. |
Specific to carrier constituents, pH ranges, etc. |
How broad are the claims?
The patent's scope focuses on compositions where the active ingredient's bioavailability is increased through specific carriers and manufacturing methods. It does not claim the compound itself but the formulation and method to deliver it.
- The formulation claims are narrowly tailored to certain carrier types and manufacturing steps.
- Variations outside specific carriers, active ingredients, or methods are not covered.
Patent landscape and prior art context
Related patents and prior art:
- Prior to 1989, antiviral formulations lacked optimized carrier systems.
- Patents such as U.S. Patent 4,563,048 (novel nucleoside analogs) and U.S. Patent 4,827,103 (carrier formulations) are relevant.
Post-grant filings:
Litigation and licensing:
- The patent has not been involved in significant litigation.
- It is referenced in licensing agreements for generic formulations of the active compound.
Patent lifecycle and current standing
- Original expiration: November 7, 2006, with terminal disclaimers or patent term adjustments extending patent life in some jurisdictions.
- Status: Expired in the U.S.; contains no current enforceable claims.
- Remaining patent landscape: Active patents primarily concern newer formulations or different compounds.
Competitive landscape
| Patent type |
Focus |
Filing trend since 1990 |
| Formulation patents |
Carriers, release profiles, stability |
Declined after early 2000s; focus shifted to newer formulations |
| Compound patents |
Novel nucleoside analogs |
Active; several filings in the last decade |
| Combination therapy patents |
Use with other antiviral agents |
Increasing in recent years |
The landscape shifts toward combination therapies and delivery systems targeting newer, more effective antivirals.
Implications for R&D and licensing
- The expiration of 4,863,743 removes barriers for generic manufacturers.
- Patent filings downstream focus on improved carriers, sustained-release, and combination therapies.
- Patent landscape suggests decreasing legal barriers, increasing competition in formulations.
Key takeaways
- The patent covers specific formulation techniques for an antiviral nucleoside analog.
- The claims are narrow, primarily on carriers and manufacturing steps, not the active compound.
- The patent expired in 2006, leading to open competition in the vicinity.
- Post-expiration, the landscape is dominated by newer formulation and combination patents.
- Licensing focuses now on newer patent rights, but legacy formulations are open for generic entry.
FAQs
-
Does Patent 4,863,743 cover the active compound itself?
No, it covers the formulation, carriers, and manufacturing methods, not the compound.
-
Are the patent claims broad?
No. They specify particular carriers and methods, limiting their breadth.
-
Is this patent still enforceable?
No. It expired in 2006, freeing the market for generic formulations.
-
What is the significance of this patent in the current landscape?
It served as a foundation for formulations but has limited influence now due to expiration.
-
What future patent activity is expected in this space?
Increased activity around novel carriers, controlled-release delivery systems, and combination antivirals.
References
[1] U.S. Patent 4,863,743. (1989). Pharmaceutical formulation for antiviral agents.
[2] Prior art references: U.S. Patent 4,563,048; 4,827,103.
[3] Patent landscape analysis: Global patent databases, 2022.
[4] Licensing and litigation records: USPTO, 2023.
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