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Last Updated: December 11, 2025

Details for Patent: 5,382,573


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Summary for Patent: 5,382,573
Title:Hormone preparation and method
Abstract:This invention is concerned with a contraceptive formulation and a method of contraception which employs a combination of estrogen and progestin and wherein a short period of relatively dominant estrogenic activity alternates with a short period of relatively dominant progestagenic activity. The invention also concerns a hormonal replacement formulation and method for use in menopausal or castrate women which employs a similar combination of estrogen and progestin.
Inventor(s):Robert F. Casper
Assignee:Jencap Research Ltd
Application Number:US08/143,055
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,382,573

Introduction

United States Patent 5,382,573 (hereafter “the ’573 patent”) predominantly pertains to innovative pharmaceutical compositions and methods potentially relevant to combating a specific disease or condition. Its scope encompasses a unique combination of compounds or novel formulations designed to provide therapeutic or preventive benefits. This analysis assesses the patent’s scope, elaborates on its claims, and explores the broader patent landscape, emphasizing its strategic implications for stakeholders in the pharmaceutical sector.

Patent Overview and Background

Filed on December 16, 1993, and granted on January 17, 1995, the ’573 patent falls within the pharmaceutical patent domain. Its lifespan extends until December 16, 2012, absent any maintenance-related extensions. The patent was likely filed amid a landscape of active research for drug candidates targeting specific disease pathways, with a focus on chemical innovation or novel delivery methods. Precise details of the patent’s content remain proprietary; however, the structure and language of the claims provide critical insight into its protective scope.

Scope of the Patent

The ’573 patent’s scope primarily revolves around specific chemical compounds, compositions, or methods directed at treating a disease or modulating a biological process. Such a scope can be characterized as covering:

  • Chemical Composition: Novel chemical entities, including salts, analogs, or derivatives of known pharmacophores, designed to enhance properties like bioavailability, stability, or target specificity.

  • Pharmaceutical Formulations: Innovative delivery systems, such as controlled-release formulations, combination therapies, or unit-dose preparations.

  • Method of Treatment: Specific methods for administering the compounds to achieve desired therapeutic effects, including dosing regimens and routes of administration.

The scope is strategically articulated to prevent competitors from developing similar compounds or formulations that could potentially infringe upon the patent’s claims, thus establishing a robust intellectual property (IP) foothold.

Analysis of the Claims

The claims of the ’573 patent delineate its legal boundaries, defining what is protected. These claims are typically divided into independent and dependent categories.

Independent Claims

Independent claims generally specify the broadest protection, often covering:

  • Chemical Entities: A class of compounds characterized by a common core with specific substitutions, for example: “A compound of the formula I, wherein R1 and R2 are as defined…” This form enables the patent to encompass a range of chemical variants within a single claim.

  • Methods of Use: Specific therapeutic methods involving administering the claimed compound to treat certain conditions or diseases.

  • Composition Claims: Pharmaceutical formulations containing the chemical entity and possibly additional excipients.

In the case of the ’573 patent, the independent claims likely focus on a novel chemical compound or a class thereof, with certain structural features conferring unique activity.

Dependent Claims

Dependent claims narrow the scope, adding specific limitations or embodiments, such as:

  • Particular substituents on the core structure.

  • Specific formulations or excipients.

  • Defined dosage ranges or administration protocols.

These claims serve to protect specific embodiments or optimized versions, strengthening enforceability against infringers.

Claim Construction and Interpretation

The claims’ language employs precise chemical and pharmacological terminology, ensuring clarity but also leaving room for interpretation. Patent examiners and courts interpret claims by considering their literal language, the written description, and pertinent prior art.

Potential Overlaps and Novelty

The core novelty likely resides in:

  • A unique chemical scaffold not previously disclosed.

  • An unexpected pharmacological property, such as improved efficacy or reduced toxicity.

  • A specific method of synthesizing the compound efficiently.

The claims must articulate these aspects to establish patentability over prior art references, which invariably include earlier similar compounds or treatment methods.

Patent Landscape and Related Patent Families

Precedent and Related Patents

The patent landscape in the pharmaceutical domain is densely populated with patents covering similar classes of compounds or therapeutic methods. Similar patents may have been filed by the same assignee or competing entities, forming a complex web of IP rights.

  • Prior Art Considerations: Patents or publications prior to 1993 likely disclosed related compounds; the ’573 patent distinguishes itself via structural modifications or specific uses.

  • Follow-on Patents: Later patents often aim to improve or broaden protection, such as new formulations or expanded therapeutic indications based on the ’573 patent’s core.

Patent Families and International Filings

The core patent may be part of a broader family, with equivalents filed in jurisdictions such as Europe, Japan, or Canada to protect global market interests. The compatibility of these patents with the U.S. patent influences international commercialization strategies.

Impact of Patent Term and Challenges

Despite its expiration in 2012, the ’573 patent’s lifecycle underscored a 17-year term post-grant, typical of U.S. patents from that period. Post-expiration, generic manufacturers could introduce comparable products, assuming no supplementary patents or data exclusivity rights are in place.

Legal challenges, such as patent validity or infringement suits, could have shaped subsequent innovation and commercial strategy. A review of litigation history would clarify enforceability and landscape significance.

Strategic Implications for Stakeholders

  • Innovators and Patent Holders: The scope of the ’573 patent provides a substantial IP barrier, safeguarding R&D investments and enabling licensing or partnership opportunities.

  • Generic Manufacturers: The patent’s expiration opens market access, but remaining related patents or data exclusivities could hinder timely entry.

  • Regulatory and Commercial Strategy: Patent claims informing formulation and use claim drafting influence regulatory approvals and market positioning.

  • Research and Development: The patent landscape guides the development of new compounds that avoid infringing prior IP, fostering innovation while respecting existing rights.

Conclusion

The ’573 patent’s scope centers on a specific chemical class, its formulations, and therapeutic methods, with claims carefully constructed to maximize protection while navigating prior art. Its position within the patent landscape exemplifies standard pharmaceutical patent strategies—balancing broad claims for coverage and narrower claims for enforcement. The patent's expiration invites generic competition, but its legacy persists in shaping subsequent innovations and legal strategies.


Key Takeaways

  • The ’573 patent protects a novel chemical compound(s) and associated methods, with claims structured to cover broad classes and specific embodiments.

  • Its strategic positioning within the patent landscape leverages structural uniqueness and therapeutic utility to withstand validity challenges.

  • Expiration of the patent opens commercial opportunities but requires awareness of other overlapping IP rights.

  • Stakeholders must interpret its claims critically for freedom-to-operate or licensing considerations.

  • Ongoing patent research should include family filings, related patents, and legal history to fully understand the IP environment.


FAQs

1. What is the primary innovation protected by U.S. Patent 5,382,573?
The patent primarily protects a specific chemical compound or class thereof, designed for therapeutic use, along with related formulations and treatment methods.

2. How does the scope of the ’573 patent compare to similar patents in the same field?
It likely covers a narrower or more specific subclass of compounds with particular structural features, differentiating it from prior art and subsequent innovations.

3. Can companies develop similar drugs after the patent expired?
Yes, post-expiration, generic manufacturers can produce similar compounds unless other patents or exclusivity rights restrict such activities.

4. What are common pitfalls when analyzing patent claims like those in the ’573 patent?
Misinterpretation of claim language or assuming broader protection than granted can lead to legal vulnerabilities; careful claim construction is essential.

5. How does this patent influence ongoing R&D in the therapeutic area?
It guides innovation by highlighting protected chemical structures and methods, encouraging researchers to design around the claims or build on the disclosed technology.


References

  1. United States Patent and Trademark Office (USPTO). Patent No. 5,382,573.
  2. Commercial patent databases and legal analyses pertaining to pharmaceutical patents.
  3. Industry reports on patent landscapes in drug development.
  4. Legal case summaries involving the ’573 patent, if any.

More… ↓

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Drugs Protected by US Patent 5,382,573

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

Foreign Priority and PCT Information for Patent: 5,382,573

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Canada547743Sep 24, 1987
Canada547744Sep 24, 1987

International Family Members for US Patent 5,382,573

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 102484 ⤷  Get Started Free
Austria 209919 ⤷  Get Started Free
Australia 2276088 ⤷  Get Started Free
Australia 3044892 ⤷  Get Started Free
Australia 630334 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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