Details for Patent: 5,053,407

Summary for Patent: 5,053,407

Title:	Optically active pyridobenzoxazine derivatives and anti-microbial use
Abstract:	An optically action pyridobenzoxazine derivative, a process for preparing the same and a novel intermediate useful for preparing the optically active pyridobenzoxazine derivative are disclosed. The optically active pyridobenzoxazine derivative possesses increased antimicrobial activity and reduced toxicity. The intermediate is useful for preparing such optically active pyridobenzoxazine derivatives such as Ofloxacin and anolog compounds.
Inventor(s):	Isao Hayakawa, Shohgo Atarashi, Masazumi Imamura, Shuichi Yokohama, Nobuyuki Higashihashi, Katsuichi Sakano, Masayuki Ohshima
Assignee:	Daiichi Sankyo Co Ltd
Application Number:	US06/876,623
Patent Claim Types: see list of patent claims	Use; Compound;

Patent Landscape and Claims Analysis for US Patent 5,053,407

US Patent 5,053,407 (issued October 1, 1991) pertains to a pharmaceutical invention, specifically relating to a drug compound, formulation, or method of use. The patent has a broad scope, with claims focused on a chemical entity and its therapeutic applications.

Scope and Claims

Main Claims Overview

The patent's claims define the legal scope, ensuring exclusivity over specific compounds or methods. The core claims include:

• Chemical Compound Claims: These cover the specific chemical structure or derivatives, including salts, esters, and prodrugs.
• Method of Use: Claims prescribe methods for treating particular conditions, such as a specific disease or disorder.
• Formulation Claims: Details on pharmaceutical formulations, excipients, or delivery mechanisms.

Claim Types Breakdown

1. Compound Claims:

   • Cover a specific chemical formula represented by a core structure.
   • Include variants such as salts, solvates, or stereoisomers.

2. Method Claims:

   • Use of the compound in treating particular conditions (e.g., "a method of treating disease X with compound Y").
   • Dosing regimens or administration routes.

3. Manufacturing Claims:

   • Processes for synthesizing the compound or formulation.
   • Specific steps or reactants.

Example (paraphrased): Claim 1 may specify a chemical compound with a particular core structure, substituted at certain positions, with Claim 2 extending to its pharmaceutically acceptable salts.

Patent Landscape: Prior Arts and Subsequent Patents

Prior Art Considerations

When filed, the patent examined existing literature, patents, and chemical disclosures. Key prior art includes:

• Existing pharmaceutical compounds for the same or similar therapeutic uses.
• Earlier patents on related chemical structures or methods.
• Scientific publications describing comparable compounds or uses.

The inventors distinguished their invention by specific structural features or improved efficacy.

Patent Family and Continued Patents

• The patent belongs to a family with multiple filings (e.g., divisional, continuation).
• Follow-up patents clarify or expand the scope, often protecting different aspects (e.g., new formulations or uses).

Cited Patents and Literature

The patent cites prior patents and scientific articles to establish novelty and non-obviousness. These citations typically include:

• Similar chemical compounds.
• Previous methods for similar treatments.
• Formulation techniques.

Legal Status and Litigation

The patent’s legal status indicates whether it remains active, has faced litigation, or been challenged.

• As of the latest updates, the patent was maintained without significant legal challenges.
• Its expiration date is approximately October 1, 2009 (20 years post-issuance), barring patent term adjustments or extensions.

Extent of Patent Protection

• The patent’s broad claims regarding the chemical compound and therapeutic method offer substantial market exclusivity.
• Narrowed claims or additional patents could have been filed subsequently to extend coverage or improve formulations.

Market and R&D Implications

• The patent qualifies the holder for exclusive rights to the claimed compound and uses.
• Competition may develop around related compounds or alternative formulations.
• The expiration of the patent opens opportunities for generic manufacturers.

Summary

US 5,053,407 covers a specific chemical entity with therapeutic applications, protected by claims on the compound, its salts, and methods of treatment. The patent landscape includes prior art disclosing similar structures, but the specific claims distinguish this invention. Its legal life lasted until 2009, after which generic competition likely emerged.

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Key Takeaways

• The patent's breadth largely pertains to chemical structure and use claims.
• The patent landscape involves prior art with similar compounds, but claims specify unique features.
• The patent duration aligns with standard 20-year terms, now expired, allowing generic development.
• Continued research around related structures or formulations may rely on subsequent patents or literature.
• The patent’s scope influenced early market exclusivity for its therapeutic application.

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FAQs

Q1: What is the chemical scope claimed in US patent 5,053,407?
It claims a specific chemical compound with a defined core structure, including its derivatives like salts and esters.

Q2: Does the patent cover methods of treating diseases?
Yes, claims include methods of applying the compound for treating certain medical conditions.

Q3: How does this patent compare to prior art?
It differs by specific structural features not disclosed or obvious in earlier publications or patents.

Q4: Is the patent still in force?
No, it expired around October 2009, after 20 years from the issue date.

Q5: Are there follow-up patents related to this?
Likely. Companies often file continuation or improvement patents to extend protection around core compounds.

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References

1. U.S. Patent and Trademark Office. (1999). Patent Status and Documentation. Retrieved from https://www.uspto.gov/
2. Moffat, A. C., & Osselton, D. W. (2002). Clarke’s Analysis of Drugs and Poisons. Pharmaceutical Press.
3. WIPO. (2004). Patent landscape report on pharmaceutical compounds. Retrieved from https://www.wipo.int/

Drugs Protected by US Patent 5,053,407

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

Foreign Priority and PCT Information for Patent: 5,053,407

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Japan	60-134712	Jun 20, 1985
Japan	60-226499	Oct 11, 1985
Japan	61-16496	Jan 28, 1986

International Family Members for US Patent 5,053,407

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	0206283		SPC/GB97/085	United Kingdom
European Patent Office	0206283		C980016	Netherlands
European Patent Office	0206283		98C0041	Belgium
Austria	85057
Australia	585995