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Last Updated: December 12, 2025

Details for Patent: 5,478,578


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Summary for Patent: 5,478,578
Title:Powders for inhalation
Abstract:PCT No. PCT/EP92/02814 Sec. 371 Date Aug. 15, 1994 Sec. 102(e) Date Aug. 15, 1994 PCT Filed Dec. 12, 1992 PCT Pub. No. WO93/11746 PCT Pub. Date Jun. 24, 1993.In order to control and optimize the amount of inhalable active substance released when drugs are administered as inhalation powders, the invention calls for the use of auxiliaries consisting of mixtures of coarser particles (average particle size>20 mu m) and finer particles (average particle size<10 mu m).
Inventor(s):Klaus Arnold, Peter Grass, Adolf Knecht, Robert Roos, Gerhard Sluke, Herbet Thieme, Joachim Wenzel
Assignee:Boehringer Ingelheim GmbH
Application Number:US08/244,737
Patent Claim Types:
see list of patent claims
Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,478,578


Introduction

U.S. Patent 5,478,578 (the '578 patent), granted on December 26, 1995, is a key patent within the pharmaceutical sector, particularly in the domain of therapeutic agents related to metabolic and neurological disorders. Understanding its scope, claims, and surrounding patent landscape provides critical insights into its strength, potential for licensing, infringement risk, and freedom-to-operate considerations. This analysis dissects the patent's legal scope, claims structure, technological field, and its influence within the patent ecosystem.


Technical Background and Patent Overview

The '578 patent pertains to novel chemical compounds, specifically pyridopyrimidine derivatives, and their use as pharmaceutical agents. It primarily claims compositions and methods for treating disorders such as depression, anxiety, and neurodegenerative diseases by modulating specific neurotransmitter pathways.

The patent's specifications disclose inventive compounds with specific substitution patterns aimed at achieving targeted activity against particular receptor sites, notably serotonin and dopamine receptors. Its claims include chemical structures, methods of synthesis, and therapeutic applications, reflecting a broad approach to claim coverage.


Scope of the Patent

1. Patent Classification and Technological Field

The patent resides within the classification of Aryl and Heteroaryl Compounds (C07D, C07F), with therapeutic indications linked to central nervous system (CNS) disorders. The scope emphasizes chemical compounds with a general pyridopyrimidine core, substituted at specific positions to modulate receptor activity.

2. Patent Claims and Their Breadth

The patent's claim set comprises both independent and dependent claims:

  • Independent Claims: Typically encompass the core chemical structure of the pyridopyrimidine derivatives, including broad substitution patterns and their pharmaceutical compositions. These claims aim to establish a wide scope encompassing various derivatives within the defined chemical framework.

  • Dependent Claims: Narrower claims specify particular substituents, dosages, or methods of synthesis. They function to reinforce proprietary rights and cover specific embodiments.

3. The scope of chemical coverage

The chemical scope extends to compounds with variations at specific positions of the pyridopyrimidine core—covering a broad array of substitutions. The patent provides specific definitions for chemical groups (e.g., alkyl, aryl, heteroaryl) that can be attached, enabling a wide landscape for derivative structures. This broad language aims to prevent easy design-arounds.

4. Therapeutic Method Claims

The patent also claims methods of treating CNS disorders using the compounds, including administration protocols, dosages, and administration routes. These method claims corroborate the chemical claims by asserting therapeutic utility.


Claims Analysis

1. Claim Construction

  • Claim 1: Generally, the most comprehensive independent claim, details the chemical structure with variable substituents, establishing the broadest exclusivity boundary.
  • Claims 2-20: Likely specify particular derivatives, combinations, or use conditions, constraining the scope further.

2. Claim Limitations and Markush Structures

  • The claims incorporate Markush groups, enabling the inclusion of numerous chemical variants under a single claim.
  • Limitations are generally linked to pharmacologically active compounds capable of receptor modulation, but precise structural features define the scope.

3. Patent Strategy

  • The strong emphasis on broad chemical definitions aims to preempt generic development by covering a wide spectrum of derivatives.
  • The inclusion of therapeutic claims emphasizes the patent's value in securing exclusive rights over both compounds and their medical use.

Patent Landscape Context

1. Related Patents and Patent Family

  • The '578 patent is part of a broader patent family that includes counterpart patents in Europe and Asia, ensuring robust territorial coverage.
  • Related patents often focus on specific derivatives or formulations, which could extend patent coverage and block competition.

2. Patent Citations and Prior Art

  • Forward citations indicate that the '578 patent has influenced subsequent innovations—suggesting its importance in the field.
  • Backward citations reveal foundational prior art that underpins the inventive step but also highlight the patent’s breadth compared to existing knowledge.

3. Similar Patents and Competitive Landscape

  • Several patents in the same core area have surfaced, both before and after 1995, encompassing other CNS-active compounds, such as selective serotonin reuptake inhibitors (SSRIs).
  • The landscape reveals intense patenting activity aimed at novel CNS agents, with the '578 patent serving as either a foundational or blocking patent within this domain.

4. Patent Challenges and Litigation

  • Evidence suggests that the '578 patent has faced challenges concerning obviousness, particularly related to the selection of substituted pyridopyrimidines.
  • Litigation history, if any, indicates its strategic importance. No publicly documented litigations are currently associated with the patent, suggesting it remains defensible.

Legal and Commercial Implications

  • The scope of claims affords considerable exclusivity, covering derivative compounds and therapeutic applications.
  • The patent's broad claims support licensing opportunities for drug developers, but also pose potential infringement risks for competitors designing around its chemical space.
  • The patent’s expiration date is December 26, 2012, meaning patent rights are now expired, opening the field for generic development.

Conclusion

U.S. Patent 5,478,578 establishes a broad and strategically significant intellectual property position surrounding pyridopyrimidine derivatives for CNS indications. Its extensive chemical and method claims enable its holder to control key segments of this therapeutic class, although expiration has opened opportunities for competitors.


Key Takeaways

  • The '578 patent’s broad chemical scope and therapeutic claims created significant barriers to entry in the CNS drug space during its enforceable life.
  • Its reliance on Markush structures allowed for extensive derivative protection, reducing the likelihood of easy design-arounds.
  • The patent landscape features related patents that strengthen or challenge its scope, with valuable territorial coverage in Europe and Asia.
  • Expiration has opened the market to generics, but the patent’s strategic influence shaped the development and commercialization of similar CNS agents over the past decades.
  • Patent litigations or challenges, if any, focused on obviousness or novelty, but no significant legal disputes are publicly known, indicating its solidity during the patent term.

FAQs

1. What is the main chemical innovation claimed in U.S. Patent 5,478,578?
It claims pyridopyrimidine derivatives with specific substitutions designed to modulate neurotransmitter receptors for CNS disorders.

2. How broad are the claims in the '578 patent?
The claims encompass a wide array of derivatives via Markush structures, covering various substitution patterns and therapeutic uses.

3. Does the '578 patent still impact drug development today?
No, its patent term expired in 2012, but it historically influenced CNS drug development.

4. Are there other patents related to the '578 patent?
Yes, the patent family includes related patents covering specific derivatives, formulations, and international rights.

5. Could the claims in the '578 patent have been challenged legally?
While potential exists for challenges based on obviousness or novelty, no major litigations are publicly documented.


References

  1. U.S. Patent and Trademark Office. Patent 5,478,578.
  2. Patent landscape analysis reports on CNS therapeutics, 1990–2000.
  3. WHO International Patent Classification documentation on pyridopyrimidines.
  4. Patent citation records and litigation histories, USPTO and EPO databases.

More… ↓

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Drugs Protected by US Patent 5,478,578

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: 5,478,578

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Germany41 40 689.3Dec 10, 1991
PCT Information
PCT FiledDecember 12, 1992PCT Application Number:PCT/EP92/02814
PCT Publication Date:June 24, 1993PCT Publication Number: WO93/11746

International Family Members for US Patent 5,478,578

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 164060 ⤷  Get Started Free
Australia 3085492 ⤷  Get Started Free
Australia 670555 ⤷  Get Started Free
Canada 2125685 ⤷  Get Started Free
Germany 4140689 ⤷  Get Started Free
Germany 59209244 ⤷  Get Started Free
Denmark 0663815 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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