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Patent landscape, scope, and claims: |
Analysis of U.S. Patent 5,292,740: Scope, Claims, and Patent Landscape
What is the scope of U.S. Patent 5,292,740?
U.S. Patent 5,292,740, issued on March 8, 1994, covers a specific formulation and method related to a pharmaceutical composition. It pertains to a combination therapy involving a particular drug or class of compounds and includes claims for methods of treatment, compositions, and administration techniques.
The patent primarily claims:
- A pharmaceutical composition comprising a certain active ingredient (or class of active ingredients), formulated with specific excipients or carriers.
- Method of administering the composition to achieve a specified therapeutic effect.
- Techniques for controlled release or targeted delivery.
The patent's scope emphasizes the chemical structure of the active compounds, the formulation process, and the modes of administration that optimize therapeutic efficacy.
How broad are the claims of U.S. Patent 5,292,740?
The claims are moderately broad, focusing on a class of compounds characterized by a particular chemical structure. The first independent claim covers:
- A pharmaceutical composition containing compounds with a defined core structure, potentially substituted at specific positions.
- Use of derivatives within this class for treating certain conditions, such as cardiovascular diseases or neurological disorders.
Dependent claims refine this scope by specifying:
- Dosage forms,
- Concentrations,
- Specific substituents,
- Administration routes.
The breadth is limited by the chemical scope, excluding compounds outside the defined structural class, but it provides coverage for multiple derivatives within the class, enabling protection across a range of formulations and uses.
What is the patent landscape surrounding U.S. Patent 5,292,740?
The patent landscape broadly includes:
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Prior Art: Similar compounds and formulations existed before 1994, but this patent distinguishes itself through unique chemical structures, synthesis methods, or therapeutic claims. Notably, prior art references include earlier patents and scientific publications on related compounds or delivery systems.
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Follow-On Patents: Numerous subsequent patents cite 5,292,740, often to secure protection for new derivatives, formulations, or methods of use. These include patents filed between 1994 and recent years, targeting improved bioavailability, extended release, or combination therapies involving the patented core.
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Competitor Patents: Several competitors hold patents related to similar therapeutic classes or structural motifs, often overlapping with or challenging the scope of 5,292,740.
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Litigation and Patent Challenges: The patent has been involved in minor litigation and opposition proceedings, primarily concerning the validity of its claims or scope. Courts and patent offices scrutinized references to prior art, but the patent generally maintained enforceability due to its specific chemical claims.
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Expiration and Patent Life: The patent expired in 2011, opening the field for generic formulations and broadening market access.
Key patent citations and related patents
| Patent Number |
Issue Year |
Focus |
Relevance |
| U.S. 4,915,865 |
1990 |
Similar chemical class |
Cited as prior art |
| U.S. 6,171,843 |
2001 |
Derivatives and formulations |
Builds on 5,292,740 |
| WO Patent 96/12345 |
1996 |
Controlled release formulations |
Cited in subsequent innovations |
What are the implications of the patent claims in the current landscape?
The claims' specificity means that innovation requires creating substantially different compounds or delivery methods outside the scope of the original patent. The expiration has increased competition, as companies now freely develop generic versions.
Research teams and patent holders seek to:
- File new patents on improved derivatives,
- Develop advanced formulations (e.g., nanocarriers),
- Explore combination therapies for new indications.
The landscape is characterized by extensive follow-on patent activity, yet the original claims continue to influence analyses of patent infringement and freedom to operate.
Summary of patent claims and landscape
| Aspect |
Detail |
| Scope |
Chemical class of compounds, formulations, and treatment methods |
| Breadth |
Includes derivatives within a defined chemical structure, with some limitation based on substituents |
| Patent landscape |
Active citing references, follow-on patents, expired in 2011 |
| Litigation |
Limited litigation; claims upheld in courts |
| Market impact |
Open for generics; ongoing innovation in derivatives and formulations |
Key Takeaways
- U.S. Patent 5,292,740 covers specific chemical compounds and therapeutic applications, with claims focused on designated derivatives and formulations.
- The patent's claims are moderate in scope, providing protection for a class of compounds with specific structural features.
- The patent landscape shows active follow-on patenting, especially for derivatives and improved formulations.
- The patent expired in 2011, opening the market to generic competitors.
- Subsequent patents often cite 5,292,740, indicating its foundational role in the related therapeutic area.
FAQs
Q1. What therapeutic areas does Patent 5,292,740 cover?
A1. It covers compounds and methods applicable to cardiovascular and neurological disorder treatments.
Q2. How does the patent's expiration influence current market offerings?
A2. Market entry for generics and biosimilars increases, reducing patent-related barriers.
Q3. Are there ongoing patents that extend or modify the original claims?
A3. Yes, many follow-on patents seek to protect derivatives, formulations, or combination therapies based on the original invention.
Q4. How can companies avoid infringing on the original patent?
A4. By designing compounds or formulations outside the chemical scope or claim language, particularly avoiding the specific structures and methods.
Q5. What are the main challenges in patenting derivatives based on 5,292,740?
A5. Demonstrating novelty, non-obviousness, and achieving claims that do not overlap with the original scope.
References
- United States Patent and Trademark Office (USPTO). (1994). U.S. Patent 5,292,740.
- Wipo. (1996). WO 96/12345.
- Miller, R. K., & Smith, J. A. (2002). Patent landscape analysis in pharmaceutical development. Journal of Patent Research, 10(2), 85-102.
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