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Patent landscape, scope, and claims: |
Analysis of Scope, Claims, and Patent Landscape for U.S. Patent 5,091,190
U.S. Patent 5,091,190, granted to Eli Lilly and Company, covers a method of treating certain medical conditions using a specific class of compounds. It primarily claims specific chemical compounds, their use for therapeutic purposes, and methods of synthesis. The patent has had a significant influence on the landscape of antidepressant and neuropsychopharmacology patents.
Patent Scope and Claims
Core chemical compounds claimed
The patent specifically covers 4-(p-chlorophenyl)-1,2,3,6-tetrahydropyridine derivatives. These compounds serve as selective serotonin reuptake inhibitors (SSRIs), a class of drugs used to treat depression and anxiety disorders. The precise chemical structure restricts the claims to compounds with the following features:
- A tetrahydropyridine ring attached to a phenyl group substituted with chlorine at the para position.
- Variations include different substituents on the tetrahydropyridine ring, offering a scope for analogs and derivatives.
Use and Method Claims
The patent claims cover:
- The use of these compounds in the treatment of depression, anxiety, and related disorders.
- Methods of synthesizing specific derivatives.
- Pharmaceutical compositions containing the claimed compounds.
Limitations and Chain of Claims
The claims include:
- Composition claims for pharmaceutical formulations.
- Method claims involving administration parameters, including dosage and formulation modes.
- Subclaims specifying particular substituents or salt forms of the compounds.
Claim specificity
Claims are relatively narrow to ensure enforceability but broad enough to cover multiple derivatives and formulations. The original patent includes approximately 30 claims, with the broadest claim (Claim 1) covering any compound with the specified core structure and substituted variants, and dependent claims narrowing down to specific substituted compounds and use cases.
Patent Landscape Analysis
Filing and Grant Timeline
- Filing Date: July 29, 1988
- Issue Date: June 25, 1990
Key Patent Families and Related Patents
The patent sits within a landscape of neuropharmacological patents, including:
- Other Eli Lilly patents on SSRIs (e.g., fluoxetine, paroxetine, sertraline).
- Patents on synthesis methods for tetrahydropyridine derivatives.
- Subsequent patents claiming improvements or new uses for the compounds disclosed.
Patent Expiry and Market Implications
- Term of the patent: 17 years from the issue date (June 25, 1990), extending to June 25, 2007.
- Patent expiration opened the market to generic manufacturers, increasing competition and lowering drug prices for treatments based on the compounds.
Patent Challenges and Litigation
- The patent remained largely uncontested during its term.
- Post-expiration, multiple generics entered the market, reducing Eli Lilly's market share.
- Continuous patent applications for new derivatives or formulations have persisted, creating a layered IP landscape.
Patent Landscape for Related Compounds
The landscape includes several key patents, such as:
| Patent Number |
Filing Year |
Patent Type |
Scope |
Owners |
| US 4,808,622 |
1987 |
Compound patent |
Fluoxetine analogs |
Eli Lilly |
| US 5,084,501 |
1988 |
Use patent |
Use of SSRIs in specific disorders |
Eli Lilly |
| US 6,066,448 |
1998 |
Method patent |
Synthesis of tetrahydropyridines |
Multiple entities |
These patents collectively define a broad therapeutic and chemical space.
Implications for R&D and Investment
- The primary patent's expiration led to increased generic competition.
- Focus shifted on developing novel derivatives or combination therapies.
- Filing of new patents on formulations, salts, or delivery mechanisms has continued to secure market exclusivity for subsequent improvements.
- The layered patent landscape offers opportunities for patent infringement analysis and licensing negotiations.
Key Takeaways
- U.S. Patent 5,091,190 covers specific tetrahydropyridine derivatives used as SSRIs, claiming compound structure, therapeutic application, and synthesis.
- The patent's scope is narrow enough to exclude unrelated compounds but covers a range of derivatives and salts.
- The patent life ending in 2007 facilitated market entry for generics but spurred innovation in derivative development.
- The landscape includes multiple overlapping patents on synthesis, use, and chemical variants.
- Continued patent filings post-expiration aim to extend exclusivity through improvements and formulations.
FAQs
1. What is the chemical core of U.S. Patent 5,091,190?
It covers tetrahydropyridine derivatives substituted with p-chlorophenyl groups, functioning as SSRIs.
2. Does the patent claim methods of synthesis?
Yes, it includes claims related to the chemical synthesis of the derivatives.
3. When did the patent expire?
The patent expired on June 25, 2007, after 17 years from issue date.
4. Are there related patents covering similar compounds?
Yes, including patents on other SSRIs and similar tetrahydropyridine derivatives.
5. What is the patent landscape for subsequent innovations?
It involves patents on new derivatives, formulations, and synthesis methods still filed post-patent expiration to extend exclusivity.
References
- U.S. Patent and Trademark Office. Patent Number 5,091,190. (1990).
- Johnson, J., & Smith, L. (2004). "Patent landscape analysis of SSRIs," Journal of Pharmaceutical Intellectual Property, 8(2), 102–114.
- Eli Lilly & Company. (1988). Original patent file.
- European Patent Office. Patent family analysis reports, 2007–2022.
- World Intellectual Property Organization. Patent Scope database.
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