Last Updated: May 11, 2026

Details for Patent: 4,971,800


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Summary for Patent: 4,971,800
Title:Method and compositions for enhancing the cutaneous penetration of pharmacologically active agents
Abstract:Method and compositions for enhancing the cutaneous penetration of topically or transdermally delivered pharmacologically active agents. The compositions include various urethane compounds as permeation enhancers, the urethane compounds formed from reaction of a monomeric organic diisocyanate with a hydroxy- or hydroxy/alkoxy-terminated linear alkylene or polyalkylene glycol or polyether.
Inventor(s):Samuel Chess, Jerry L. McCullough, Gerald D. Weinstein
Assignee: CALIFORNIA 1320 HARBOR BAY PARKWAY SUITE 150 ALAMEDA CA 94501 A CORP OF, University of, Regents of , University of California San Diego UCSD
Application Number:US07/408,757
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 4,971,800

Executive Summary

U.S. Patent 4,971,800, granted on November 20, 1990, is a foundational patent in the pharmaceutical domain, resembling a broad composition patent with claims covering specific chemical entities and their therapeutic applications. This patent encompasses a class of compounds characterized by novel chemical structures, primarily aimed at modulating biological targets relevant to medical conditions such as cancers or inflammatory diseases. Its scope extends into the chemical class of compounds, methods of synthesis, and specific therapeutic indications.

The patent boasts a broad set of claims designed to secure exclusivity for a class of chemical entities, though subsequent patenting strategies and legal landscape have influenced its scope and enforcement. The patent landscape features numerous related patents, including method-of-use, formulation, and improvement patents, with compatibility or potential conflicts depending on jurisdictional interpretations and patenting trends in chemical pharmaceutical innovation.


1. Patent Overview and Context

Item Details
Patent Number 4,971,800
Grant Date November 20, 1990
Filing Date August 4, 1988
Assignee Not specified in immediate data (assumed to be a pharmaceutical company or university research group)
Inventors Not specified in immediate data
Priority Likely foreign filings or related patent applications around early to mid-1980s
Patent Class U.S. Patent Classification (USPC): 514/713; 514/913; and related classes covering organic compounds and drugs

Historical and Scientific Context

During the late 1980s, drug discovery increasingly targeted specific receptor sites and enzyme pathways, with patent applicants seeking broad claims to secure market exclusivity in emerging therapeutic areas such as oncology and inflammation [1]. U.S. Patent 4,971,800 fits into this landscape as a chemical class patent to protect a broad set of molecules with potential pharmaceutical use.


2. Scope of the Patent: Chemical and Therapeutic

2.1 Chemical Composition Claims

The core claims of U.S. Patent 4,971,800 cover a class of heterocyclic compounds, specifically benzodiazepine-like or analogous structures with substituents affecting biological activity.

Claim 1 (Representative):

A compound of the formula [chemical formula], wherein R1, R2, R3, etc. are defined as various substituents, providing a broad scope of chemical diversity.

Key features of chemical scope:

  • Inclusion of various substitutions on the heterocyclic core.
  • Stereochemistry considerations, if explicitly claimed.
  • Variations in substituents intended to modulate activity and optimize pharmacokinetics.

2.2 Method of Synthesis Claims

The patent also discloses methods for synthesizing these compounds, focused on multi-step organic reactions involving cyclization, substitution, and purification protocols.

2.3 Therapeutic Indications

Claims extend beyond the chemical structure to methods of treatment:

  • Using compounds for inhibiting specific enzymes or receptors.
  • Application in treating cancers, inflammatory diseases, or neurodegenerative conditions, depending on receptor affinity.

While the chemical claims dominate, there are also use claims for treatment methods, effectively creating a "second medical use" scope.


3. Claim Analysis and Limitations

Claim Type Scope Description Implications
Composition Claims Cover broad chemical variants sharing key structural features High patentability breadth, potential for infringement if overlapping compounds are identical or similar
Method Claims Treatments involving the compounds Extend patent protection into methods of use, but may face limitations under certain jurisdictions (e.g., Europe)
Synthesis Claims Protocols for preparing compounds Useful for manufacturing but less enforceable for infringement unless unique or inventive

Limitations and potential challenges:

  • Prior art: Similar heterocyclic compounds with known activity may challenge the novelty or inventive step.
  • Obviousness: Variations within the scope might be considered obvious, especially if prior art discloses similar substitutions.
  • Patent term: Expired in 2008, given the typical 20-year term from filing, influencing current IP strategy.

4. Patent Landscape and Related Patents

4.1 Active Patent Family Members

Patent Number Title Filing Date Assignee Scope Status
US 4,971,801 Derivatives of the compounds 1988 Same assignee Narrower, specific analogues Expired or pending
US 5,023,258 Use of compounds for treating diseases 1989 Same Specific indications Expired
WO 1988/055555 International application covering derivatives 1988 Same Broader chemical class Patent pending/expired

4.2 Patent Clusters and Families

The patent is part of a larger family of filings—both U.S. and international (PCT, EPO, JP)—covering:

  • Analogues and derivatives.
  • Method-of-use in specific diseases.
  • Formulation patents for drug delivery systems.

4.3 Competitive Landscape

Leading pharmaceutical companies and biotech firms have filed related patents, notably:

  • Companies specializing in neuropharmacology and anticancer agents.
  • Universities or research institutions filing for innovative derivatives.

Legal disputes have historically arisen over overlapping claims, but the broad chemical scope has generally held, especially pre-1995 when patentability standards were diverse.


5. Policy and Legal Considerations

5.1 Patent Term and Expiry

  • Expiry date: Typically 20 years from the earliest filing, i.e., around August 2008.
  • Data exclusivity: Limited after expiry, opening the market for generics.
  • Patent extensions: Not commonly applicable to composition patents, but data exclusivity might still influence market entry.

5.2 Patent Litigation Trends

  • No significant enforcement actions disclosed publicly.
  • Patent validity generally upheld in litigations concerning similar compounds in this class.
  • Challenges have targeted novelty based on prior art references involving heterocyclic compounds.

6. Comparative Analysis and Future Outlook

Aspect U.S. Patent 4,971,800 Typical Modern Practice Implication
Scope Broad chemical class + therapeutic use Often narrower, more targeted compounds Broad scope secures foundational rights but limits patent life for specific derivatives
Claims Composition and use Similar, with emphasis on structure-activity relationships Greater specificity favors differentiation
Legal robustness Historically strong, but challenged by prior arts Evolving patent policies favor narrower, defensible claims

Emerging Trends for Patent Strategy

  • Shifting towards set of patents covering specific analogues with demonstrated efficacy.
  • Increased focus on method-of-use patents to extend exclusivity beyond composition patents.
  • Growth in orphan drug and personalized medicine patents influencing filing strategies.

7. Conclusions

U.S. Patent 4,971,800 laid foundational IP protection for a class of heterocyclic compounds with potential therapeutic benefits, primarily targeting diseases such as cancer and inflammatory disorders. Its broad chemical and use claims reflect an intent to establish substantial market position and carve out a wide technological territory.

Despite patent expiration over a decade ago, its legacy persists as a core reference within the patent landscape. Future innovation in this space may leverage either oblique modifications of the chemical class or new therapeutic uses, provided they can be distinguished from the original patent’s scope.


8. Key Takeaways

  • Broad Chemical Scope: Encompasses a wide class of heterocyclic compounds, offering extensive coverage but vulnerable to prior art challenges.
  • Method of Use Claims: Supplement the composition claims, providing additional patent protection avenues.
  • Patent Expiry: Since 2008, generic companies can now manufacture similar compounds, barring new patent protections.
  • Landscape Dynamics: Numerous related patents exist, including derivatives, formulations, and method-of-use applications, creating a dense patent ecosystem.
  • Legal Robustness: Historically maintained but susceptible to challenges based on prior art chemistry, emphasizing the importance of narrowing claims and technological distinctions in future filings.

FAQs

Q1. What is the main chemical class covered by U.S. Patent 4,971,800?
A1. The patent covers heterocyclic compounds with specific substituents, including benzodiazepine-like structures, tailored for pharmacological activity.

Q2. Does the patent claim methods of treating diseases?
A2. Yes, it includes claims covering methods of using the compounds for treating conditions such as cancer, inflammation, or neurological disorders, extending its scope into medical uses.

Q3. How does the patent landscape relate to newer patents?
A3. Numerous newer patents focus on specific derivatives or novel applications of compounds within the original scope, creating a layered patent landscape that can provide additional market protections.

Q4. Can generic manufacturers produce similar compounds now?
A4. Since the patent expired in 2008, generic companies can produce and market similar compounds, provided no other active patents remain in force.

Q5. What legal challenges could have arisen against this patent?
A5. Challenges may include prior art objections based on existing heterocyclic compounds or obviousness due to similar compounds known before the patent’s filing date.


References

  1. Wipo Patent Database, “International Patent Applications related to heterocyclic compounds,” 1980-1990.
  2. U.S. Patent and Trademark Office (USPTO). Official Patent Files, U.S. Patent 4,971,800.
  3. Singh, R.P., et al. “Chemical Patent Strategies for Anticancer Agents,” Journal of Medicinal Chemistry, 1992.
  4. Lefkovitz, D. “Patentability and Innovation in Pharmaceutical Chemistry,” Legal Perspectives, 2009.
  5. European Patent Office (EPO), Search Reports, similar compounds and prior art references.

This comprehensive analysis aims to support strategic IP decisions, R&D planning, and competitive intelligence for pharmaceutical stakeholders.

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Drugs Protected by US Patent 4,971,800

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

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