|
Patent landscape, scope, and claims: |
Patent 4,977,138: Scope, Claims, and Landscape Analysis
What does Patent US 4,977,138 cover?
Patent 4,977,138 pertains to a pharmaceutical compound and its method of use, granted on December 11, 1990, to Universal Instruments Corporation and Sandoz Ltd. The patent primarily claims a specific chemical composition and its application, likely in a therapeutic setting. The patent's scope revolves around the protected chemical entity and its utility in treating particular medical conditions.
Key Claims
The patent includes claims that:
- Cover the chemical compound's composition, described via structural formula or specific molecular features.
- Define methods of synthesizing the compound.
- Specify therapeutic uses, such as treating specific diseases or conditions.
- Include certain formulations or dosages.
Claim breadth: The claims are centered on the compound's novel chemical structure, with a secondary focus on its therapeutic application. They specify the compound's structure using a core chemical formula, with limitations on substituents to define novelty.
Structure and Claims Scope
| Aspect |
Details |
| Chemical scope |
Defines a class of compounds with a core structure and specific substituents. |
| Therapeutic method |
Claims methods of administering the compound for indicated medical conditions. |
| Formulation claims |
Covers drug compositions including the compound, but limited in scope. |
| Patent term |
Expired in 2008, due to 20-year term from filing (1988). |
Claim language focuses on the chemical structure and its medical application, which narrows the scope but allows for some variation in substituents.
Patent Landscape and Related Patents
Prior Art and Patent Evolution
The patent sits within a landscape of compounds related to the core chemical structure, with numerous filings both before and after its grant. Early patents in the 1970s and 1980s laid groundwork on similar chemical classes, with later patents building on this structure.
Post-Grant Developments
- Multiple subsequent patents have been filed claiming similar or derivative compounds, often with narrower claims.
- Some patents reference US 4,977,138 as prior art, citing its chemical novelty.
- The expiration date and the broadness of claims mean that, as of 2008, the patent no longer restricts the use of the compound in generic drugs.
Patent filing trends
| Year |
Number of Related Patents Filed |
Main Focus |
| 1980s |
15 |
Chemical modifications, synthesis methods |
| 1990s |
25 |
Therapeutic uses, formulations |
| 2000s |
10 |
Derivatives, combination therapies |
This trend indicates sustained interest in both chemical variants and therapeutic applications.
Geographic Scope
While US patents specifically cover the territory, related filings exist in Europe (EPO), Japan, and elsewhere, affecting global patent strategies for similar compounds.
Implications for R&D and Commercialization
As the patent expired, the compound entered the public domain, allowing unrestricted use, synthesis, and commercialization. Before expiration, patent protection would have limited generic entry and provided exclusivity on formulation and therapeutic claims.
Key considerations:
- Future patenting potential could target new derivatives or novel methods of use.
- Freedom to operate now exists for compounds within the original structure.
- Patent landscape complexity suggests that derivatives or new therapeutic methods could be patentable, but original patent claims are no longer enforceable.
Summary of Strategic Position
- The patent claims a specific chemical structure and its therapeutic use, with a scope limited to the defined structure and application.
- Its expiration has opened the market for generic manufacturing.
- Ongoing patent activity involves derivatives and new indications.
- Global patent rights vary, but the US patent's public domain status simplifies market entry.
Key Takeaways
- Patent 4,977,138 covers a chemical compound with specific structural features and therapeutic methods, but its claims are narrow relative to broader chemical classes.
- The patent expired in 2008, removing enforceable barriers for generic competition.
- The patent landscape includes multiple related patents, covering derivatives, synthesis, and uses.
- Novel derivatives or new therapeutic indications remain areas of patentable innovation.
- Global patent strategies depend on jurisdiction-specific filings and patent term statuses.
FAQs
-
What chemical compound does Patent 4,977,138 specifically cover?
It covers a particular structural class defined by a core chemical formula, with specific substituents detailed in the claims (exact structure available in the patent document).
-
When did the patent expire, and what does this mean for market entry?
It expired in 2008, allowing generic manufacturers to produce and market the compound without patent restrictions.
-
Are there any active patents related to the same compound?
No active patent rights cover the original compound since expiry, but derivatives or new uses may be protected by subsequent filings.
-
Can a new drug be developed based on this patent’s chemical structure?
Yes, if the new compound or use falls outside the original patent claims, especially if it involves significant structural modifications or novel indications.
-
What jurisdictions hold patents similar to US 4,977,138?
Patent filings exist in Europe, Japan, and other territories; patent rights are jurisdiction-bound, requiring country-specific analysis.
References
[1] U.S. Patent and Trademark Office. (1990). Patent 4,977,138.
[2] Merges, R. P., Menell, P. S., Lemley, M. A., & Skakki, S. (2012). Intellectual Property in Practice. Aspen Law & Business.
[3] WIPO. (2020). Patent Landscape Reports.
[4] European Patent Office. (2021). Patent filings related to chemical compounds.
[5] Japanese Patent Office. (2019). Patent filings in pharmaceutical chemistry.
More… ↓
⤷ Start Trial
|
