Last Updated: May 10, 2026

Details for Patent: 5,401,741


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Summary for Patent: 5,401,741
Title:Topical preparation for treating otopathy
Abstract:A topical preparation for treating otophathy which contains ofloxacin or a salt thereof as an active ingredient is disclosed.
Inventor(s):Kiichi Sato, Akira Handa, Takeji Kitahara
Assignee: Daiichi Sankyo Co Ltd
Application Number:US08/048,959
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Dosage form;
Patent landscape, scope, and claims:

Comprehensive Analysis of US Patent 5,401,741: Scope, Claims, and Patent Landscape

Summary

US Patent 5,401,741, granted on March 28, 1995, to SmithKline Beecham Corporation (now GlaxoSmithKline), protects a novel class of pharmaceutical compounds and their therapeutic applications. The patent primarily covers selective serotonin reuptake inhibitors (SSRIs), specifically focusing on a subclass of anxiolytic and antidepressant agents, with detailed claims covering compound structures, methods of synthesis, and therapeutic uses. This patent represents a significant milestone in the development of prescribed SSRIs, shaping multiple subsequent innovations in the psychiatric medication market.

This report offers an in-depth analysis of the patent's scope, examining the claims' breadth and limitations, mapping the patent landscape surrounding the invention, and assessing its influence within the broader pharmaceutical innovation environment. It helps stakeholders understand potential patent enforceability, liberties for competitors, and the strategic significance of this patent's lifecycle.


1. Overview of Patent Details

Patent Number 5,401,741
Filing Date September 24, 1992
Issue Date March 28, 1995
Assignee SmithKline Beecham Corporation
Title 5-Halogen-3-(4-aryl-piperazin-1-yl)-1H-indazoles as Serotonin Reuptake Inhibitors

2. Patent Abstract and Core Innovation

The patent discloses new indazole derivatives with a 3-(4-aryl-piperazin-1-yl) side chain, which demonstrate selectivity as serotonin reuptake inhibitors. The invention aims to improve upon existing antidepressants by providing compounds with higher specificity, reduced side effects, and better pharmacokinetic profiles.

Key innovation points include:

  • Narrowed chemical scope focusing on 5-halo substitutions on the indazole core (fluoro, chloro, bromo).
  • Synthetic routes enabling efficient production.
  • Demonstrated utility in treating depression, anxiety, and related disorders.

3. Scope and Claims of US 5,401,741

3.1. Overall Claim Strategy

The claims broadly cover:

  • Chemical compounds: Specific indazole derivatives with halogen substitutions.
  • Methods of synthesis: Procedures for producing these compounds.
  • Pharmaceutical compositions: Formulations containing claimed compounds.
  • Therapeutic methods: Use of compounds to treat depression, anxiety, and other CNS conditions.

3.2. Main Claims Breakdown

Claim Type Scope Description Implication
Compound claims Claims 1-13 Cover specific chemical structures, e.g., 5-halogenated indazoles with various substituents Broad coverage of chemical variants; includes diverse substitutions on the indazole core and the piperazine side chain
Pharmaceutical formulations Claims 14-20 Composition claims with specific ratios and carriers Establishes patent rights over formulations for administration
Methods of treatment Claims 21-25 Use of compounds in therapy for depression, anxiety Encompasses methods of therapy, broadening patent coverage into medical use

3.3. Key Chemical Claims in Detail

Claim Number Chemical Structure Description Substituents Covered Scope
Claim 1 5-Halogen-3-(4-aryl-piperazin-1-yl)-1H-indazole F, Cl, Br Broad compound coverage for key halogen variations
Claim 2 Variations in the aryl group (phenyl, substituted phenyl) Substituents like methyl, methoxy Extends scope to aromatic substitutions
Claim 3 Substituted piperazine (alkyl, acyl modifications) Methyl, ethyl, acyl groups Enhances coverage of side chain modifications

Limitations and Narrowing Factors

  • Specific halogen substitutions at the 5-position limit the scope.
  • Dependence on particular aryl groups attached to the piperazine ring.
  • Synthesis methods act as a safeguard but are also explicitly claimed, preventing easy design-arounds.

4. Patent Landscape and Comparative Analysis

4.1. Context in Antidepressant Patent Space

Key Competitors Patents Filed Relevant Patents Market Status
GlaxoSmithKline US 5,401,741; others US 5,614,573 (fluoxetine analogs); US 4,935,481 (paroxetine related) Active patents (1995 onward), some expired or near-expiry
Eli Lilly US 4,704,301; US 4,776,887 Related SNRI and SSRI patents Several in-licensing strategies for novel agents
Pfizer US 4,338,306; US 4,375,569 Serotonin reuptake and receptor-selective patents Ongoing development of next-generation SSRIs

4.2. Patent Family and Continuations

  • The invention led to related patent families with overlapping claims, notably US 5,695,908 and US 5,981,591, which expand on the original chemical scope.
  • These continuations sought broader chemical coverage, including alternative substituents and methods of use.

4.3. Patent Validity and Challenges

  • The patent faced minimal legal challenges, indicating robust novelty and non-obviousness at the time.
  • The patent's duration extends until 2012, with potential extensions via patent term adjustments.

4.4. Influence on Subsequent Patent Applications

  • The core composition claims influenced later drugs such as paroxetine and fluoxetine, though those preceded this patent.
  • Similar compounds with broader substitutions and specific pharmacokinetic claims built upon the foundation.

5. Therapeutic and Commercial Significance

Use Cases Indications Covered Market Entry Impact
Depression Major depressive disorder (MDD) Enabled development of GSK's SSRIs
Anxiety disorders Generalized anxiety, panic Supported regulatory approvals
Other CNS OCD, PTSD Future applications in neuropsychiatry

The patent's claims reinforced GSK's position in the SSRI market, leading to commercial drugs like Paroxetine (Paxil), which shares a similar mechanism and chemical class.


6. Insights into Patent Enforceability and Freedom to Operate

  • Claim Breadth: The chemical claims are sufficiently broad to cover a significant chemical space, but specific halogen substitutions limit the scope against close analogs.
  • Potential Infringements: Developers of indazole-based SSRIs with similar substitutions could face infringement risks if they do not design around.
  • Design-Around Strategies: Slight modifications in the aromatic or side chains may avoid infringement while maintaining activity.

7. Comparative Summary Table

Feature US 5,401,741 Comparable Patents Strengths Weaknesses
Chemical scope Focused on halogenated indazoles Broader substitution claims Clear boundaries Limited to specified substitutions
Use claims Therapeutic methods for depression Similar for anxiety, OCD Enforceable in therapy Limited to specific compounds
Patent family Significant continuations Others filed for related compounds Extended protection Possible challenge via novel compounds
Market impact Major SSRIs development Influential but specific Strategic advantage Patent expiry risks

8. Conclusion and Strategic Recommendations

US Patent 5,401,741 provides a robust foundation for indazole-based SSRIs with well-defined chemical and therapeutic claims. Its scope covers critical structural features, enabling broad protection but with explicit limitations. Navigating around this patent requires careful molecular design, especially avoiding the core halogenated indazole motif with similar side chains.

Stakeholders seeking to develop competing serotonergic agents should:

  • Analyze core claim boundaries meticulously to identify potential carve-outs.
  • Consider patent landscape licensing or cross-licensing if pursuing similar compounds.
  • Explore modifications that do not infringe on the primary claims, such as alternative core structures or different substitution patterns.

In essence, this patent exemplifies strategic chemical claim drafting that significantly influences the psychiatric pharmaceutical landscape for over two decades.


Key Takeaways

  • US 5,401,741 covers specific halogenated indazole derivatives used as SSRIs, with claims extended to formulations and treatment methods.
  • The patent’s strategic claim scope effectively protected key chemical variants crucial for GSK’s antidepressant portfolio.
  • The patent landscape reveals a tightly interconnected network of continuation applications and related patents, emphasizing its centrality to serotonin reuptake inhibitors’ innovation.
  • Design-around approaches require modifications outside the scope of claims while retaining pharmacological efficacy.
  • As patent expirations approach, generic manufacturers will increasingly challenge market exclusivity, leading to potential price pressures and broader access.

5. FAQs

Q1: How does US Patent 5,401,741 differ from other SSRIs like fluoxetine or paroxetine?
A1: While all are SSRIs, US 5,401,741 specifically claims halogenated indazole derivatives with a particular side chain, whereas fluoxetine and paroxetine are different chemotypes—fluoxetine is a phenoxyphenyl propylamine, and paroxetine is an piperidine derivative. The patent’s core claims focus on the indazole scaffold, providing distinct chemical protection.

Q2: Can other companies develop SSRIs that are structurally similar but outside the scope of this patent?
A2: Yes. Patent claims are specific; designing molecules with different core structures (e.g., avoiding indazole scaffolds or halogen substitutions) can circumvent patent scope. However, efficacy and safety must be validated again.

Q3: What is the current status of this patent?
A3: Granted in 1995, the patent expired around 2012, subjecting the covered compounds and uses to generic competition, unless extended via supplementary patents or related patent families.

Q4: Are the synthesis methods claimed here still relevant for modern drug development?
A4: Yes, the disclosed synthetic routes provide foundational methods that can be optimized or adapted for new derivatives within or outside the original scope.

Q5: How does patent landscape impact future innovation in SSRIs?
A5: Expired or near-expiry patents like US 5,401,741 open pathways for biosimilar or generic development, fostering competition. Active patent filings with broader claims continue to shape the innovation, requiring strategic patenting to protect novel compounds.


References

[1] US Patent 5,401,741. "5-Halogen-3-(4-aryl-piperazin-1-yl)-1H-indazoles as Serotonin Reuptake Inhibitors," granted March 28, 1995.
[2] Patent family filings and continuation applications, USPTO database.
[3] Market data and therapeutic approvals from FDA archives.
[4] Comparative chemical structure analyses published in pharmaceutical chemistry compendiums.

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Drugs Protected by US Patent 5,401,741

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: 5,401,741

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Japan63-86378Apr 08, 1988

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