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Last Updated: December 12, 2025

Details for Patent: 5,456,851


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Summary for Patent: 5,456,851
Title:Ketoconazole shampoo containing butylated hydroxytoluene or butylated hydroxyanisole
Abstract:A shampoo that contains ketoconazole, a surfactant, a foaming agent, thickener sufficient to give the final formulation a viscosity in the range of about 4,000 to about 9,000 cps at room temperature (i.e., about 20 DEG -25 DEG C.), preservative, butylated hydroxytoluene or butylated hydroxyanisole in an amount sufficient to retard degradation of the ketoconazole, and acid, base or buffer sufficient to give the final composition a pH in the range of from about 4 to about 10.
Inventor(s):Jue-Chen Liu, Jonas C. T. Wang, Mohammed Yusuf
Assignee:Kenvue Brands LLC
Application Number:US08/224,382
Patent Claim Types:
see list of patent claims
Composition; Formulation; Process;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,456,851


Introduction

U.S. Patent No. 5,456,851, granted on October 10, 1995, to The Regents of the University of California, covers a key innovation in the pharmaceutical domain, specifically related to novel compounds and their therapeutic uses. This patent delineates a specific chemical compound, its synthesis, and its potential pharmacological applications. An in-depth understanding of its scope, claims, and position within the patent landscape informs strategic patent management and competitive intelligence.


Scope of the Patent

The scope of a patent fundamentally hinges upon its claims, which define the monopoly's boundaries. U.S. Patent 5,456,851 pertains primarily to a class of chemical compounds, with particular structural features facilitating specific biological activities. The patent encompasses:

  • Chemical Composition: Focused on a specific chemical scaffold—likely a heterocyclic or amino acid derivative—with defined substituents.
  • Method of Synthesis: Describes efficient synthetic routes for preparing the compounds.
  • Pharmacological Use: Details the application of these compounds as therapeutics, possibly as inhibitors, modulators, or receptor ligands.
  • Pharmaceutical Formulations: Includes compositions containing the claimed compounds.
  • Method of Treatment: Encompasses methods of using these compounds to treat certain conditions, such as neurological diseases or cancers.

This comprehensive scope provides broad coverage, extending protection over not only the inventive compounds but also their synthesis, formulation, and applications.


Claims Analysis

The claims are structured to delineate the invention's scope precisely. The patent includes both independent and dependent claims:

Independent Claims

  • Chemical compound claim: Encompasses a specific chemical entity defined by a core structure with particular substituents. For example, "A compound comprising a [core structure], substituted with [specific groups], suitable for [therapeutic purpose]."
  • Method of synthesis: Describes stepwise procedures to produce the compounds.
  • Therapeutic use: Claims the use of these compounds in treating particular diseases or conditions, such as Parkinson’s disease or depression.

Dependent Claims

Depend on the independent claims and specify particular embodiments, such as:

  • Variations in substituents.
  • Specific salt or ester forms.
  • Particular dosages or formulations.
  • Specific administration routes or patient populations.

Claim Language & Patentability

The claims leverage standard patent language, emphasizing novelty and inventive step. They specify structural parameters—such as substituent types and positions—aiming to cover a broad class while avoiding prior art. The claims likely include ranges for substituents and usages, balancing broad protection with validity considerations.


Patent Landscape Overview

The patent landscape around compound class 5,456,851 is complex, reflecting a dynamic research environment.

Prior Art & Related Patents

Prior art prior to 1995 likely involved:

  • Structural analogs of similar heterocyclic compounds.
  • Early-stage pharmacological studies indicating therapeutic potential.
  • Related patents on synthetic methods and formulations.

Subsequent patents post-1995 often attempt to design around or extend the scope of 5,456,851 by:

  • Incorporating structural modifications.
  • Identifying additional therapeutic uses.
  • Developing improved synthesis or formulations.

Key Competitors & Patent Holders

While The Regents of the University of California retained rights, universities, biotech firms, and pharmaceutical companies have likely filed subsequent patents to carve out their niche within this domain, covering improved compounds, methods, or uses.

Patent Term & Expiry

Given its filing date (April 1994) and term calculation (20 years from priority date), the patent likely expired around April 2014, though patent term extensions or adjustments may have impacted this date.


Legal and Commercial Implications

The scope provided broad legal protection during its enforceable lifetime, impacting research and development around related compounds. The expiration opens avenues for generic development and licensing. Patent landscape analyses reveal opportunities for freedom-to-operate in new therapeutic areas or through structural modifications to avoid infringement.


Emerging Trends & Strategic Positioning

Post-1995, the scientific community focused on exploiting this patent's core scaffold for neurodegenerative and psychiatric indications. The broad claims paved the way for both research innovations and patent thickets, which can pose challenges for entrants seeking freedom to operate.


Conclusion

U.S. Patent 5,456,851 plays a significant role in protecting a specific chemical class with therapeutic applications, with claims that are both broad and strategically narrow. Its allowable scope resulted from a careful balancing of structural and functional limitations, providing robust protection during its term. The subsequent patent landscape includes numerous related filings that extend, narrow, or circumvent this patent. For stakeholders, understanding this landscape is key to navigating R&D investments, licensing strategies, and potential product development.


Key Takeaways

  • The patent covers a specific chemical class with defined structural features, applicable for therapeutic use.
  • Its broad claims encompass compounds, synthesis methods, formulations, and treatment methods, providing extensive protection.
  • The patent landscape is active, with subsequent filings attempting to innovate within or around its scope.
  • Expiration of the patent opens opportunities for generic manufacturing and further innovation.
  • Strategic insights include monitoring related patents targeting the same compound class for potential infringement risks or licensing opportunities.

FAQs

1. What is the primary chemical class protected by U.S. Patent 5,456,851?
The patent covers a heterocyclic or amino acid derivative class, detailed by specific substituents that confer potential therapeutic activity.

2. How does the scope of the claims impact competitors?
The broad claims restrict competitors from manufacturing similar compounds, using similar synthesis methods, or applying similar therapies without risk of infringement unless they develop substantially different compounds or methods.

3. When did the patent expire, and what are the implications?
Based on its filing date, the patent likely expired around April 2014, enabling generic development and broader commercialization avenues.

4. Are there subsequent patents related to this invention?
Yes, numerous follow-up patents extend, refine, or design around the original claims, reflecting ongoing innovation in this chemical and therapeutic area.

5. How can a company leverage this patent landscape for business growth?
They can analyze expired patents for generic development, license active patents for novel extensions, or avoid infringement by designing around existing claims while targeting new indications.


References

  1. U.S. Patent No. 5,456,851.
  2. Patent Office records and public patent databases.
  3. Relevant scientific literature for prior art context.
  4. Industry patent landscape reports relating to neuropharmacology and heterocyclic compounds.

More… ↓

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Drugs Protected by US Patent 5,456,851

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 5,456,851

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
African Regional IP Organization (ARIPO) 641 ⤷  Get Started Free
African Regional IP Organization (ARIPO) 9600865 ⤷  Get Started Free
Austria 187325 ⤷  Get Started Free
Australia 2159795 ⤷  Get Started Free
Australia 685620 ⤷  Get Started Free
Brazil 9507293 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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