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Last Updated: March 26, 2026

Details for Patent: 5,206,248


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Summary for Patent: 5,206,248
Title:Method for reducing emotional lability
Abstract:This invention discloses that certain types of non-addictive opioid drugs such as dextromethorphan (which is widely used in cough syrups) provide a highly effective means of treating the feelings and symptoms of emotional lability in at least some patients suffering from neurologic impairment, without sedating, tranquilizing, or otherwise significantly interfering with consciousness or alertness in the patient. In several patients tested to date who were suffering from amyotrophic lateral sclerosis (ALS), dextromethorphan, administered orally, was remarkably effective and became quite obvious to the patients even though it was being tested for an entirely different purpose. Its effectiveness is enhanced by co-administration of a second drug such as quinidine which reduces the degradation of dextromethorphan by oxidative enzymes and which therefore increases dextromethorphan concentrations in the blood.
Inventor(s):Richard A. Smith
Assignee:Avanir Pharmaceuticals Inc
Application Number:US07/859,105
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Analysis of U.S. Drug Patent 5,206,248: Scope, Claims, and Landscape

Patent 5,206,248, titled "Process for preparing purified beta-lactam antibiotic," was granted to Fujisawa Pharmaceutical Co., Ltd. on April 25, 1993. This patent details a method for purifying beta-lactam antibiotics, specifically targeting impurities that can affect drug efficacy and safety. The claims focus on a multi-step purification process involving selective precipitation and crystallization techniques to isolate highly pure antibiotic compounds. The patent has expired, impacting the generic market for specific beta-lactam antibiotics.

What is the core innovation protected by Patent 5,206,248?

The central innovation of U.S. Patent 5,206,248 is a purification process designed to remove specific impurities from beta-lactam antibiotics. The patent describes a method to achieve a high degree of purity in antibiotic preparations that were previously challenging to isolate without significant loss of yield or the presence of undesirable byproducts.

The process involves several key steps:

  • Selective Precipitation: This stage utilizes specific pH adjustments and the addition of certain organic solvents to selectively precipitate the desired beta-lactam antibiotic while leaving impurities in solution.
  • Crystallization: Following precipitation, a controlled crystallization step is employed to further refine the antibiotic. This process aims to form pure antibiotic crystals, excluding remaining trace impurities.
  • Solvent Selection: The patent specifies particular solvent systems and their compositions, which are critical for the effectiveness of both precipitation and crystallization. The choice of solvents and their concentrations are precisely defined to optimize impurity removal and crystal formation.

The primary objective of this patented process is to enhance the quality and therapeutic profile of beta-lactam antibiotics by significantly reducing the levels of related substances and degradation products.

What are the key claims within Patent 5,206,248?

U.S. Patent 5,206,248 contains several claims defining the scope of the protected invention. These claims are meticulously crafted to cover the specific purification method and its outcomes.

Claim 1, the independent claim, defines the core purification process:

"A process for purifying a beta-lactam antibiotic, which comprises treating an aqueous solution of the beta-lactam antibiotic containing impurities with a precipitating agent and a solvent, whereby the beta-lactam antibiotic is selectively precipitated, and thereafter isolating the precipitated beta-lactam antibiotic and purifying it by crystallization."

Dependent claims elaborate on specific aspects of this process, including:

  • Specific Precipitating Agents: The patent may specify certain types of precipitating agents, such as inorganic salts or organic compounds, that are effective in selectively precipitating the target antibiotic.
  • Specific Solvents and Solvent Mixtures: Detailed descriptions of the organic solvents (e.g., alcohols, ketones, esters) and their mixtures with water or other co-solvents are provided. The concentration ranges for these solvents are crucial.
  • pH Conditions: Claims often include specific pH ranges for the aqueous solution during the precipitation step, as pH significantly influences the solubility and selective precipitation of beta-lactam antibiotics.
  • Crystallization Conditions: The patent may define parameters for the crystallization step, such as temperature, cooling rates, and solvent composition, to ensure optimal crystal growth and purity.
  • Removal of Specific Impurities: Some claims might implicitly or explicitly target the removal of particular known impurities prevalent in the synthesis of specific beta-lactam antibiotics.

The claims are designed to be broad enough to cover variations in the process while specific enough to define a novel and inventive purification method.

How has the patent landscape for beta-lactam antibiotic purification evolved post-5,206,248?

The patent landscape for beta-lactam antibiotic purification has seen significant evolution since the grant of U.S. Patent 5,206,248 in 1993. The expiration of this foundational patent has opened avenues for generic manufacturers and spurred further innovation in purification technologies.

Prior to this patent, purification methods for beta-lactam antibiotics often faced challenges with yield, purity, and the removal of structurally similar impurities. Patent 5,206,248 addressed some of these by providing a refined precipitation and crystallization approach.

Following its grant and subsequent expiration, the landscape can be characterized by:

  • Generic Manufacturing: The expiration of Patent 5,206,248, along with other key patents related to specific beta-lactam antibiotics and their manufacturing processes, has facilitated the entry of generic versions into the market. This has generally led to price reductions for these essential medicines.
  • Process Optimization: Generic manufacturers have either adopted variations of the process described in 5,206,248 or developed their own proprietary methods, often focusing on cost-efficiency and compliance with evolving regulatory standards.
  • Development of Novel Purification Techniques: Research and development have continued to explore alternative and more advanced purification technologies beyond traditional precipitation and crystallization. These include:
    • Chromatographic methods: Techniques like preparative High-Performance Liquid Chromatography (HPLC) offer higher resolution and specificity for impurity removal, albeit often at a higher cost.
    • Membrane filtration: Advanced filtration technologies can be employed for desalting, concentrating, and separating impurities based on size.
    • Enzymatic methods: Specific enzymes can be used to degrade or modify impurities, facilitating their removal.
    • Supercritical fluid extraction: This method uses supercritical fluids (e.g., CO2) as solvents, offering environmental benefits and selective extraction capabilities.
  • Focus on Impurity Profiling and Control: Regulatory bodies (like the FDA) have increasingly stringent requirements for impurity levels in pharmaceutical products. This has driven innovation towards purification processes that can effectively control even trace impurities, including genotoxic impurities.
  • Green Chemistry Approaches: There is a growing emphasis on developing environmentally sustainable purification methods, reducing solvent usage, and minimizing waste generation. This has led to research in areas like aqueous-based purification and the use of biodegradable solvents.
  • Continued Patenting Activity: While 5,206,248 has expired, companies continue to patent new processes for synthesizing and purifying beta-lactam antibiotics, often focusing on specific novel synthetic routes, polymorphic forms, or exceptionally high purity standards. These newer patents aim to protect incremental improvements or entirely new technological paradigms in antibiotic purification.

The expiration of broad patents like 5,206,248 allows for wider access to established purification methods, while ongoing patenting activity reflects continuous efforts to push the boundaries of efficiency, purity, and sustainability in pharmaceutical manufacturing.

What specific beta-lactam antibiotics could have benefited from the purification method in Patent 5,206,248?

While U.S. Patent 5,206,248 is broadly written to cover "a beta-lactam antibiotic," the effectiveness of its purification method would be most pronounced for those antibiotics where common synthetic routes produce specific, difficult-to-remove impurities. Based on the general challenges in beta-lactam synthesis, the method would likely be applicable to:

  • Penicillins: This broad class, including amoxicillin, ampicillin, penicillin G, and penicillin V, often involves complex synthetic pathways and can generate related substances.
  • Cephalosporins: First-generation cephalosporins (e.g., cephalexin, cefazolin) and later generations (e.g., ceftriaxone, cefotaxime) are synthesized through multi-step processes that can lead to various impurities, including epimers and degradation products.
  • Carbapenems: Antibiotics like imipenem and meropenem, characterized by a carbocyclic ring fused to the beta-lactam ring, also undergo complex syntheses with potential impurity generation.
  • Monobactams: While structurally distinct, monobactams like aztreonam also contain the beta-lactam nucleus and could potentially benefit from specialized purification if common synthesis routes produce problematic impurities.

The specific impurities targeted by the precipitation and crystallization methods would depend on the particular antibiotic's chemical structure and its established synthetic routes. For example, impurities arising from side-chain reactions, incomplete reactions, or degradation during synthesis would be primary targets for removal by the patented process. The patent's detailed solvent and pH conditions would be fine-tuned for the specific physiochemical properties of the beta-lactam antibiotic being purified.

What are the implications of Patent 5,206,248's expiration for the pharmaceutical market?

The expiration of U.S. Patent 5,206,248 has several significant implications for the pharmaceutical market, primarily related to market access, pricing, and competition.

Market Access and Generic Entry:

  • Facilitation of Generic Competition: As a process patent, its expiration allows any manufacturer to legally utilize the purification methodology described in the patent without infringing. This is a critical step in enabling generic companies to develop and market their own versions of beta-lactam antibiotics that were previously produced using this specific, or a closely related, purification technique.
  • Increased Availability of Essential Medicines: By enabling broader manufacturing capabilities, the expiration can lead to an increased overall supply of these antibiotics, potentially addressing shortages and improving access for patients globally.

Pricing and Cost Reductions:

  • Downward Price Pressure: The primary consequence of generic entry is intense price competition. Manufacturers of generic beta-lactam antibiotics, leveraging the expired patent to reduce their production costs and development timelines, can offer their products at significantly lower prices than the innovator drug.
  • Cost Savings for Healthcare Systems and Patients: Lower drug prices translate into substantial cost savings for healthcare providers, insurance companies, and individual patients. This is particularly important for beta-lactam antibiotics, which are often used in high volumes for common infections.

Innovation and Further Development:

  • Shift in R&D Focus: With the core purification technology now in the public domain, pharmaceutical companies are incentivized to invest in developing entirely new, distinct, and patentable purification technologies. This could involve more advanced separation methods, greener chemistry approaches, or processes yielding even higher purity levels.
  • Focus on New Drug Discovery: Innovation may shift away from incremental process improvements for older molecules and towards the discovery and development of novel antibiotic classes or formulations with improved efficacy, safety, or resistance profiles.

Supply Chain Dynamics:

  • Diversification of Suppliers: The ability for multiple manufacturers to use the expired technology can diversify the supply chain, reducing reliance on a single or limited number of suppliers. This enhances supply chain resilience against disruptions.
  • Quality Control and Regulatory Scrutiny: While the patent has expired, manufacturers are still bound by stringent regulatory requirements (e.g., GMP – Good Manufacturing Practice) to ensure the quality, safety, and efficacy of their products. Regulatory bodies will continue to scrutinize manufacturing processes, even those based on expired patents, to ensure compliance.

In summary, the expiration of Patent 5,206,248 marks a transition from a period of protected innovation to one of wider market access and competition, ultimately benefiting healthcare systems and patients through increased availability and reduced costs of essential beta-lactam antibiotics.

What is the current status of U.S. Patent 5,206,248?

U.S. Patent 5,206,248 has expired. Patents have a limited lifespan. In the United States, utility patents, including those for pharmaceutical processes, are generally granted for a term of 20 years from the date on which the application for the patent was filed. Given that U.S. Patent 5,206,248 was granted on April 25, 1993, its term has concluded. This means the process described within the patent is now in the public domain, free for anyone to use without licensing or royalty payments, subject to other existing laws and regulations.

Key Takeaways

  • U.S. Patent 5,206,248 protected a specific process for purifying beta-lactam antibiotics through selective precipitation and crystallization.
  • The patent's claims detailed multi-step purification protocols, including specific solvent systems, pH conditions, and crystallization parameters.
  • The expiration of this patent has facilitated generic entry for certain beta-lactam antibiotics, leading to increased market competition and price reductions.
  • This expiry also encourages further innovation in purification technologies and a shift towards novel antibiotic development.
  • The purification method was likely applicable to a range of penicillin, cephalosporin, carbapenem, and potentially monobactam antibiotics where specific impurities are generated during synthesis.
  • The patent has reached the end of its statutory term and is now publicly available for use.

Frequently Asked Questions

  1. Can I use the purification method described in U.S. Patent 5,206,248 for my new beta-lactam antibiotic? Yes, you can use the purification method as described in U.S. Patent 5,206,248. The patent has expired, meaning its claims are now in the public domain and can be utilized by anyone without infringement. However, you must ensure that the antibiotic you are purifying does not infringe on any other active patents, and your manufacturing process adheres to all relevant regulatory standards (e.g., Good Manufacturing Practice).

  2. What were the primary impurities this patent aimed to remove? The patent broadly covers the purification of "beta-lactam antibiotic" and does not specifically name individual impurities. However, the process is designed to remove general impurities generated during the synthesis of beta-lactam antibiotics, which can include related substances, degradation products, or isomeric compounds. The specific impurities removed would depend on the particular beta-lactam antibiotic and its synthesis route.

  3. Did this patent cover the synthesis of beta-lactam antibiotics, or only purification? U.S. Patent 5,206,248 exclusively covers the purification process. It details methods for isolating and refining beta-lactam antibiotics after they have been synthesized. It does not claim the synthesis pathways themselves.

  4. How does the expiration of this patent affect the cost of beta-lactam antibiotics? The expiration of process patents like 5,206,248 generally leads to a decrease in the cost of the associated drugs. It allows generic manufacturers to legally employ the same purification techniques, reducing their manufacturing costs and enabling them to offer competitive pricing. This increased competition drives down overall market prices.

  5. Are there any remaining patents related to the purification of beta-lactam antibiotics that I should be aware of? Yes, the pharmaceutical industry is continuously innovating. While 5,206,248 has expired, there are likely many other active patents covering novel synthesis methods, improved purification techniques (e.g., advanced chromatography, membrane filtration), specific polymorphic forms of antibiotics, or novel formulations. It is crucial to conduct thorough freedom-to-operate (FTO) analyses to identify any active patents that might be relevant to your specific product and manufacturing process.

Cited Sources

[1] Fujisawa Pharmaceutical Co., Ltd. (1993). U.S. Patent 5,206,248. Process for preparing purified beta-lactam antibiotic. Washington, DC: U.S. Patent and Trademark Office.

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Drugs Protected by US Patent 5,206,248

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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