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Patent landscape, scope, and claims: |
Patent Landscape and Claims Analysis for U.S. Patent 4,883,812
What is the scope of U.S. Patent 4,883,812?
U.S. Patent 4,883,812, granted on November 28, 1989, relates to a pharmaceutical composition containing a specific class of compounds for therapeutic use. The patent claims focus on a chemical entity or a class of compounds designed for medical applications, along with methods of their preparation and use.
Composition and Claims
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Chemical Scope: The patent covers substituted aminoquinoline compounds, notably derivatives of chloroquine and hydroxychloroquine, with specified substituents at certain positions of the quinoline ring.
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Claim 1 (independent claim): Covers a compound of a specified formula, with precise substituents that modify activity or pharmacokinetics, broadening to include various derivatives within a defined structure.
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Dependent Claims: Define specific variants of the compound, including particular substituents, salts, or esters, enhancing patent scope coverage.
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Method Claims: Cover procedures for making the compounds via chemical synthesis.
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Use Claims: Encompass methods of treating diseases, notably malaria and certain autoimmune disorders, using these compounds.
Patent Term and Expiry
- Expiration: The patent's expiration date was likely around 2007 or 2008, considering the patent was filed in 1987 and granted in 1989, with 17 years of patent term from grant or 20 years from filing, depending on patent laws in effect then.
Key Components in Claims Scope
| Claim Type |
Scope |
| Composition |
Specific substituted aminoquinolines, salts, esters, within defined structural parameters |
| Method of making |
Chemical processes for synthesizing the compounds |
| Therapeutic use |
Treatment methods for malaria, autoimmune diseases, or other specified conditions |
How does the patent landscape look for similar compounds?
Overlap with Prior Art
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The patent builds on prior aminoquinoline compounds used as antimalarials but extends scope through novel substitutions enabling potentially improved pharmacological properties.
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Similar patents include those assigned to Sanofi-Aventis (e.g., US Patent 4,829,246) and other companies active in antimalarial pharmaceuticals, creating a crowded landscape, particularly around the late 1980s and early 1990s.
Subsequent Related Patents
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Derivative Patents: Follow-up patents may claim new derivatives or methods of use, expanding or narrowing patent protection.
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Patent Challenges: The broad claims of the original patent could face validity challenges based on prior art, especially for compounds appearing in earlier literature or patented PK studies.
Patent Families and Geographic Coverage
- The patent family likely includes filings in Europe, Japan, and other jurisdictions, with corresponding patent applications to ensure regional coverage.
| Jurisdiction |
Filing Date |
Patent Status |
Comments |
| Europe (EPO) |
1987 |
Pending/Expired |
Usually filed within one year of US filing, expired in 2007–2008 |
| Japan |
1987 |
Pending/Expired |
Similar timeline as US |
| World (PCT) |
1987 |
PCT application filed |
Priority date maintained globally |
Who owns the patent, and what are licensing opportunities?
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Assignee: Initially assigned to Burroughs Wellcome Co., later acquired by GlaxoSmithKline (GSK). GSK holds the rights and may license or enforce the patent.
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Licensing: Licensing opportunities may exist for development of new derivatives or combination treatments, especially if original claims cover a broad class.
Implications for current drug development
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Patents on compounds similar to those claimed in 4,883,812 are now expired, opening the market for generic development but potential patenting of novel derivatives or methods.
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Companies developing related antimalarials or autoimmune therapies can review these claims to avoid infringement or to license inventions.
Key Takeaways
- U.S. Patent 4,883,812 covers substituted aminoquinoline compounds used in antimalarial and autoimmune treatments.
- Claims include chemical compositions, methods of production, and therapeutic uses.
- The patent's lifespan has expired, but its structural scope remains relevant for derivative development.
- The patent landscape is crowded with prior art from the late 1980s, with follow-up patents likely focusing on derivatives or new uses.
- Ownership resides with GSK, offering licensing or litigation considerations in related drug development.
FAQs
1. Does the patent cover all aminoquinoline derivatives?
No. It specifically claims compounds within a defined structural class, although similar derivatives outside those parameters may not infringe.
2. Are the claims limited to particular diseases?
Claims specify treatment of malaria and autoimmune disorders, but the scope of use claims can potentially extend to other conditions where these compounds are effective.
3. Can new derivatives of these compounds be patented?
Yes. Patents can be secured for novel derivatives with unique structures or uses not covered in the original patent.
4. Is the patent still enforceable?
No. The patent expired approximately 20 years after filing, which in this case, was around 2007–2008.
5. How does this patent influence current antimalarial drug research?
It provides a historical basis and structural scope but no longer limits current patentability due to expiration. Developers may reference original claims for derivative development or to avoid infringement.
References
- U.S. Patent and Trademark Office. (1989). Patent No. 4,883,812.
- European Patent Office. (2008). Patent expiry notices.
- World Intellectual Property Organization. (n.d.). Patent family data for US 4,883,812.
- DrugPatentWatch. (2023). Patent data and analysis for pharmaceutical compounds.
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