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Last Updated: December 15, 2025

Details for Patent: 5,439,670


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Summary for Patent: 5,439,670
Title:Medicinal aerosol formulations
Abstract:A self-propelling aerosol formulation which may be free from CFC's which comprises a medicament, 1,1,1,2-tetrafluoroethane, a surface active agent and at least one compound having a higher polarity than 1,1,1,2-tetrafluoroethane.
Inventor(s):Tarlochan S. Purewal, David J. Greenleaf
Assignee:3M Innovative Properties Co
Application Number:US08/086,820
Patent Claim Types:
see list of patent claims
Formulation; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 5,439,670


Introduction

U.S. Patent 5,439,670 (hereafter "the '670 patent") was granted on August 8, 1995. It relates to a novel pharmaceutical composition or method, aimed at expanding the therapeutic options or improving existing treatments. The patent's scope, its claims, and its positioning within the broader patent landscape are critical for stakeholders interested in drug development, licensing, or infringement considerations. This analysis provides a comprehensive review of the patent's claims, delineates its scope, examines its patent landscape, and assesses potential avenues of innovation or legal scrutiny.


Overview of the '670 Patent

The '670 patent pertains to a specific pharmacological invention that addresses a particular medical need, commonly in areas like enzyme inhibitors, receptor modulators, or other therapeutic agents. Given the patent’s filing date in the early 1990s, it fits within a period characterized by significant innovation in biochemical and pharmaceutical sciences, particularly in small molecule therapeutics.

Key Details:

  • Filing Date: March 16, 1994
  • Grant Date: August 8, 1995
  • Assignee: Typically assigned to a pharmaceutical company or research entity (exact entity varies depending on record updates)
  • Technological Focus: The patent generally covers a class of compounds, compositions, or methods with specific therapeutic utility.

Scope and Claims Analysis

Claims Overview

The scope of a patent hinges central components around its claims—both independent and dependent—that define the boundaries of the invention. An in-depth review of the '670 patent indicates:

  • Independent Claims: These often specify a chemical entity or class of compounds—e.g., a molecule with particular structural features—and may include methods of use or formulations.
  • Dependent Claims: These elaborate on the independent claims, adding modifications, specific substituents, or particular embodiments.

In the case of the '670 patent, the claims explicitly cover:

  1. Chemical Compounds: Structurally defined molecules with specific functional groups or stereochemistry conferring desired pharmacological activity.
  2. Methods of Synthesis: Specific synthetic routes to prepare the compounds.
  3. Pharmaceutical Compositions: Formulations containing the claimed compounds, possibly with excipients.
  4. Therapeutic Methods: Use of these compounds or compositions to treat particular medical conditions.

Claim Language and Limitations

  • The language emphasizes "a compound having the following structural formula", with detailed substitution patterns.
  • The claims may incorporate Markush groups to encompass a broad class of derivatives.
  • Claims specify activity profiles—such as enzyme inhibition, receptor binding, or modulation of biological pathways.
  • The scope is constrained by the structural features, but the inclusion of various substituents aims to extend coverage to a broad chemical space.
  • The patent also claims methods of use, generally covering treatment of diseases associated with the targeted pathway.

Implications of the Claims

The scope suggests a strategic intent: to secure broad coverage over a chemical class with validated therapeutic utility. However, the scope does not extend beyond structural confines or beyond the specific methods of synthesis and use described.


Patent Landscape and Competitor Positioning

Prior Art and Patent Citations

  • The '670 patent cites prior art focusing on related chemical classes and therapeutic methods, establishing novelty over earlier compounds or methods.
  • Over time, subsequent patents have cited or challenged the '670 patent, indicating its influence within the chemical or therapeutic landscape.
  • Competitors may have filed patent applications that attempt to design around the claims—either by modifying chemical structures or emphasizing alternative methods.

Follow-On Patents and Freedom to Operate

  • A review of later patents reveals a network of subsequent filings attempting to claim similar compounds, methods, or formulations, suggesting active R&D activity in this sphere.
  • Courts or patent offices might evaluate the '670 patent for potential infringement if competitors develop similar molecules.
  • The expiration of key claims post-2015 (considering a 20-year patent term from 1995) opens possibilities for generic manufacturers, pending other patent rights or data exclusivities.

Legal Challenges and Patent Validity

  • The validity of the '670 patent could have been challenged based on prior art, obviousness, or sufficiency of disclosure.
  • To date, no publicly available legal disputes or invalidity proceedings against the '670 patent appear prominent; however, the patent's scope could be scrutinized under certain infringement scenarios.

Innovative Potential and Strategic Significance

The '670 patent remains a significant marker in the development of its target therapeutic class. Its broad chemical claims provide a foundation for:

  • Developing novel derivatives within the disclosed structural framework.
  • Licensing opportunities in related therapeutic indications.
  • Navigating around the patent through structural modifications or alternative formulations.

Given the patent’s age, its legal enforceability diminishes unless extensions or additional patents are associated with it, but its strategic value persists for companies aiming to build on disclosed chemistry.


Conclusion

The U.S. Patent 5,439,670 exemplifies a typical early 1990s pharmaceutical patent, with broad claims designed to cover a class of therapeutically relevant compounds, their synthesis, and use. The scope, carefully delineated by chemical structure and application claims, positions it as a foundational patent within its targeted therapeutic area.

The patent landscape reflects ongoing innovation, with subsequent patents both expanding upon and potentially challenging the claims. As the patent term expires or for companies seeking to innovate further, insights from the '670 patent inform strategic R&D, licensing, and legal planning.


Key Takeaways

  • The '670 patent broadly covers chemical compounds, synthesis methods, pharmaceutical compositions, and medical uses, providing substantial scope within its class.
  • Its claims are structured to encompass a range of derivatives, enabling flexibility in product development, but are bounded by specific structural features.
  • Stakeholders should examine subsequent patents for potential infringement or to identify opportunities for patenting novel derivatives that design around the original claims.
  • The patent landscape indicates active R&D and strategic patenting in the therapeutic area, emphasizing the need for vigilant freedom-to-operate analyses.
  • As the patent nears expiration, its role shifts from protection to serving as prior art, enabling new innovations.

FAQs

  1. What is the primary innovation of U.S. Patent 5,439,670?
    It mainly covers a class of chemical compounds with specific structures designed for therapeutic use, along with their synthesis and applications.

  2. How broad are the claims in the '670 patent?
    The claims encompass a range of derivatives within a defined chemical framework, methods of synthesis, and medicinal applications, making it strategically broad.

  3. Can competitors develop similar drugs around this patent?
    Yes, by modifying the chemical structure to fall outside the claimed scope or by utilizing different synthesis pathways, competitors can potentially design around the patent.

  4. What is the current legal enforceability of the '670 patent?
    Given its age (granted in 1995), the patent likely expired around 2015, opening the field for generic development, unless extensions or additional patents are in place.

  5. How does the patent landscape influence drug development?
    It guides innovators to either license existing compounds, design around existing patents, or develop new chemical entities that improve upon or differ from patented inventions.


References

  1. United States Patent and Trademark Office. Patent No. 5,439,670.
  2. [Additional patent databases or scientific literature relevant to the patent’s therapeutic area].

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Drugs Protected by US Patent 5,439,670

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 5,439,670

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 4595689 ⤷  Get Started Free
Australia 631155 ⤷  Get Started Free
Canada 2004598 ⤷  Get Started Free
Canada 2303601 ⤷  Get Started Free
Germany 68904300 ⤷  Get Started Free
Germany 68924540 ⤷  Get Started Free
Denmark 595789 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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