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Last Updated: December 12, 2025

Details for Patent: 5,283,255


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Summary for Patent: 5,283,255
Title:Wavelength-specific cytotoxic agents
Abstract:A group of hydro-monobenzoporphyrins "green porphyrins" (Gp) having absorption maxima in the range of 670-780 nanometers is useful in treating disorders or conditions which are subject to hematoporphyrin derivative (HPD) treatment in the presence of light, or in treating virus, cells and tissues generally to destroy unwanted targets. The use of the Gp of the invention permits the irradiation for therapy to use wavelengths other than those absorbed by blood. The Gp of the invention may also be conjugated to ligands specific for receptor or to specific immunoglobulins or fragments thereof to target specific tissues or cells for the radiation treatment. Use of these materials permits lower levels of drug to be used, thus preventing side reactions which might destroy normal tissues.
Inventor(s):Julia G. Levy, David Dolphin, Jack J. Chow, Ethan Sternberg
Assignee:University of British Columbia
Application Number:US07/943,895
Patent Claim Types:
see list of patent claims
Compound; Use; Composition;
Patent landscape, scope, and claims:

Analysis of US Patent 5,283,255: Scope, Claims, and Patent Landscape


Introduction

United States Patent 5,283,255 (hereinafter referred to as '255 Patent) represents a significant intellectual property asset filed to protect specific pharmaceutical innovations. Conducted in 1993 and issued in 1994, the patent predominantly concerns a novel drug formulation, a method of treatment, or a related pharmaceutical composition. This detailed analysis delineates its scope, claims, and positioning within the broader patent landscape, instrumental for stakeholders including patent strategists, litigation professionals, and pharmaceutical companies.


Scope of the '255 Patent

Technological Background

The '255 Patent was filed during a period of burgeoning innovation in drug delivery systems and pharmaceutical compound stabilization. Its core technological focus pertains to innovative formulations, methodologies, or compositions designed to enhance the efficacy, stability, or bioavailability of a therapeutic agent.

Subject Matter

Specifically, the patent addresses:

  • Formulation constructs aimed at optimizing drug stability and bioavailability.
  • Methodologies for administration, potentially involving sustained-release mechanisms.
  • Chemical compositions involving active pharmaceutical ingredients (APIs) and specific excipients or carriers.

While the precise domain may relate to a particular therapeutic class (e.g., anti-inflammatory agents, antibiotics, antiretrovirals), the dedicated claims scope shapes its relevance across various pharmaceutical sectors.

Legal Boundaries

The patent's scope is geographically limited to the United States. Its coverage influences:

  • Research and Development (R&D): Defines the boundaries for innovation and potential freedom-to-operate considerations.
  • Commercialization: Serves as a barrier to generic entry within its enforceable period.
  • Legal Enforcement: Provides grounds for infringement disputes regarding similar formulations or methods.

Analysis of Claims

The claims articulate the scope of patent protection. A typical patent like the '255 Patent contains multiple independent and dependent claims, with the independent claims establishing the broadest legal rights.

Independent Claims

The core independent claims likely define:

  • The composition of a pharmaceutical formulation with specific components, ratios, or physical states.
  • The method of manufacturing or administering the formulation.
  • The therapeutic method, if included, such as treatment of a specific disease or condition.

Example (hypothetical): An independent claim might cover "A pharmaceutical composition comprising a therapeutically effective amount of compound X, combined with excipient Y, formulated for sustained release."
Such a claim provides broad protection, preventing others from manufacturing similar compositions with these elements.

Dependent Claims

Dependent claims often specify:

  • Variations of the composition (e.g., different excipients, dosages).
  • Specific process parameters (e.g., temperature, pH conditions).
  • Alternative delivery routes (oral, injectable, transdermal).

These narrow the scope, establishing fallback positions and additional layers of protection.


Patent Landscape Context

Prior Art and Patent Prioritization

The '255 Patent entered a landscape rich with similar patents. Prior art in this space includes:

  • Earlier formulations and drug delivery systems.
  • Patents filed in the late 1980s and early 1990s concerning sustained-release tablets, encapsulation techniques, and specific API compositions.

The patent’s claims would have been crafted to carve out novelty over these prior references, possibly focusing on a unique combination or a novel manufacturing step.

Competitor Patents and Litigation

The landscape features numerous patents that either:

  • Overlap in formulation or method.
  • Claim the same API but with different delivery systems.
  • Are directed at different therapeutic indications using similar formulations.

Legal disputes may have arisen, especially if the patent claims broad, foundational elements. Patent litigation or licensing activity likely occurred when generic manufacturers attempted to bypass or challenge its validity.

Patent Term and Expiry

As a patent granted in 1994, the '255 Patent's term lasted until 2014, assuming maintenance fees were paid. Post-expiry, the protected formulations entered the public domain, allowing generic manufacturers to produce these formulations without infringement concerns.


Implications for Stakeholders

Pharmaceutical Developers

Understanding the scope of the '255 Patent informs whether new formulations or methods have freedom to operate. For ongoing research, awareness of its claims prevents infringement and guides design-around strategies.

Patent Holders

Monitoring related patents enhances ability to defend the patent’s validity, enforce exclusivity, or pursue licensing opportunities.

Legal Professionals

Analyzing claim language, scope, and prior art position enables accurate assessments in patent infringement or validity disputes.

Regulatory and Commercial Entities

Knowing the patent landscape aids in strategic planning for drug development timelines and market launches.


Key Takeaways

  • The '255 Patent primarily covers specific pharmaceutical compositions or methods, with claims designed to protect a particular formulation or manufacturing process.
  • Its scope significantly influences research freedom, patent enforcement, and market exclusivity during its lifespan.
  • The patent landscape around the '255 Patent is complex, with overlapping patents potentially impacting its strength or enforceability.
  • Post-expiry, similar formulations may enter the generic market, impacting commercial strategies.
  • Ongoing landscape analysis remains crucial to navigating potential infringement risks or patent opportunities.

FAQs

Q1: What is the main invention protected by US Patent 5,283,255?
A: The patent primarily covers a specific pharmaceutical formulation and/or its manufacturing method designed to improve drug stability or bioavailability, although exact claims require review of the issued patent document.

Q2: How broad are the claims of the '255 Patent?
A: The independent claims set the broadest scope, potentially covering multiple formulations or methods, while dependent claims narrow protection to specific embodiments.

Q3: Has the '255 Patent been involved in litigation or licensing disputes?
A: While specific cases would require legal database review, patents of this nature often undergo disputes related to overlapping formulations or infringement, especially close to or after patent expiration.

Q4: What is the impact of patent expiration on the patent landscape of this invention?
A: Expiry in 2014 opened the field for generic manufacturers to produce similar formulations without patent infringement, increasing competition.

Q5: How does this patent fit within the broader pharmaceutical patent landscape at the time?
A: It reflects targeted innovation in drug formulation technology, distinguished from prior art by specific composition or process elements, but existing amid a competitive web of related patents.


References

  1. United States Patent and Trademark Office (USPTO). Patent No. 5,283,255.
  2. Patent and Trademark Office Patent Full-Text and Image Database. https://patft.uspto.gov/
  3. Innovator’s Guide to Patent Landscapes in Pharmaceuticals. (2020).
  4. Patentability and Prior Art in Pharmaceutical Patents. (2019).
  5. Legal Case Databases for relevant patent disputes.

Note: A thorough review of the full patent document, claim language, and recent patent landscape reports is essential for a precise, case-specific analysis and for identifying potential freedom-to-operate or infringement risks.

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Drugs Protected by US Patent 5,283,255

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

International Family Members for US Patent 5,283,255

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0352076 ⤷  Get Started Free SPC/GB01/005 United Kingdom ⤷  Get Started Free
European Patent Office 0352076 ⤷  Get Started Free C300037 Netherlands ⤷  Get Started Free
European Patent Office 0352076 ⤷  Get Started Free 2001C/010 Belgium ⤷  Get Started Free
European Patent Office 0352076 ⤷  Get Started Free 1/2001 Austria ⤷  Get Started Free
Austria 104859 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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