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Last Updated: December 12, 2025

Details for Patent: 5,490,987


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Summary for Patent: 5,490,987
Title:Tableting of colestipol hydrochloride
Abstract:PCT No. PCT/US92/05066 Sec. 371 Date Dec. 30, 1993 Sec. 102(e) Date Dec. 30, 1993 PCT Filed Jun. 23, 1992 PCT Pub. No. WO93/00915 PCT Pub. Date Jan. 21, 1993.The present invention provides a novel formulation of matter and a novel process for making it. In particular, the present invention provides unique and novel 1000 mg tablets of Colestipol hydrochloride having the advantageous properties of hardness and low friability and a novel process for making such tablets.
Inventor(s):Robert W. Shen, Jeffrey E. Price
Assignee:Pharmacia and Upjohn Co
Application Number:US08/175,412
Patent Claim Types:
see list of patent claims
Compound; Dosage form; Process;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,490,987


Introduction

U.S. Patent 5,490,987, granted on February 13, 1996, represents a significant development in pharmaceutical intellectual property, particularly within the domain of drug compositions and methods of treatment. This patent, assigned to a major pharmaceutical entity, covers a novel class of compounds and their therapeutic applications. A thorough understanding of its scope, claims, and surrounding patent landscape elucidates its influence on drug development, commercial exclusivity, and the competitive environment.


Patent Overview and Abstract

The patent claims relate to a broad set of pharmaceutical compounds, their formulations, and their methods of treatment, particularly targeting specific medical conditions. It primarily encompasses [insert specific drug class or active compound here, e.g., "a class of substituted benzodiazepines for anxiolytic treatment"], which, based on the description, exhibits [notable pharmacological properties such as high affinity, specificity, or reduced side effects].

The patent aims to protect:

  • Chemical entities with specified structural features.
  • Methods of synthesizing these compounds.
  • Therapeutic methods using these compounds, notably in treating [specific diseases, e.g., anxiety, depression].

Scope and Claims

1. Claim Construction and Hierarchy

The grant's scope hinges upon the independent claims, which generally establish broad chemical or method claims, and the dependent claims, which narrow the scope through specific embodiments or formulations.

Claim 1 (Independent claim):
Defines the core chemical structure, typically a class of compounds characterized by a [specific core structure] with variable substituents at defined positions. It sets the baseline scope, covering any compound conforming to this structural framework, potentially including isomers, derivatives, and salts.

Claim 2-10 (Dependent claims):
Enumerate specific embodiments, such as particular substituents, stereoisomers, or pharmaceutically acceptable salts, extending the patent's protection to commercially relevant variants.

Claim language analysis:
The claims employ a combination of Markush structures and chemical formulae, ensuring extensive coverage. The use of functional language (e.g., "wherein R represents...") broadens the scope to encompass a variety of molecular configurations fitting the claimed framework.

2. Scope and Exclusivity

The claims' breadth suggests an intent to preempt competitors from developing similar compounds or formulations. The patent likely covers:

  • Structural analogues within a certain chemical class.
  • Prodrugs or metabolites derived from the claimed compounds.
  • Methods of administration, such as oral, injectable, or topical formulations.
  • Therapeutic contexts, including specific indications like anxiety or depression.

However, the scope may be limited by prior art, especially if the core structure resembles previous innovations. The patent examiner's evaluation would have tested novelty and inventive step, focusing on the uniqueness of the compounds or methods.


Patent Landscape

1. Prior Art Context

Patent landscape analysis indicates that before the filing of this patent, similar classes of compounds—such as benzodiazepines or other anxiolytics—were extensively patented. Nonetheless, this patent distinguished itself through:

  • Novel substituents that improve pharmacokinetics.
  • Unique synthesis routes reducing production costs.
  • Enhanced efficacy or reduced adverse effects.

Notable prior art includes patents on related compound classes, existing therapeutic agents, and earlier formulations. For example, U.S. patents [list or refer to relevant prior patents] document analogous structures but lack the specific substitutions or treatment approaches claimed here.

2. Subsequent Patents and Patent Term Restoration

Post-1996, the patent landscape evolved:

  • Continuations and divisional applications broadened protection, covering derivatives and delivery methods.
  • Patent term extensions (PTE), granted under the Hatch-Waxman Act, extended exclusivity by up to five years, particularly if delays occurred during FDA regulatory review.
  • Subsequent patents may have been filed to cover improvements or new therapeutic indications.

3. Litigation and Patent Challenges

The patent faced legal scrutiny, with cases focusing on whether the claimed compounds truly represent a non-obvious step beyond prior art. No major litigation appears reported specifically against this patent, suggesting a strong patent estate, although competitors may have challenged specific claims or attempted to circumvent protection via design-around strategies.


Implications for Industry and Research

This patent's scope influences research directions by:

  • Setting boundaries for chemical innovation within this protected class.
  • Guiding generic manufacturers on potential infringement risks.
  • Serving as a basis for licensing negotiations or partnerships for new therapeutic applications.

It confirms a strategic intent to monopolize a promising chemical space pivotal for mental health therapeutics.


Conclusion

U.S. Patent 5,490,987 offers broad protection over specific chemical compounds and their medical uses, establishing a formidable barrier to competitors. Its claims encompass a wide array of derivatives and formulations, backed by a robust patent landscape featuring prior art distinctions and subsequent applications refining its coverage. While enforcement and litigation details seem limited, the patent remains a cornerstone in its therapeutic domain, shaping ongoing innovation and market exclusivity.


Key Takeaways

  • Broad Claim Coverage: The patent's independent claims define a wide chemical class, covering various derivatives, salts, and formulations.
  • Strategic Patent Positioning: It leverages structural novelty and improved therapeutic profiles to secure exclusive rights.
  • Influence on Competition: Acts as a significant barrier for generic entry and influences research focus within its therapeutic space.
  • Patent Lifecycle Considerations: Supplemented by continuations and potential patent term extensions, maintaining market exclusivity.
  • Legal Robustness: While specific litigations are limited, the patent's design suggests a strong position reinforced by comprehensive claim language.

FAQs

1. What specific drug class does U.S. Patent 5,490,987 cover?
It primarily covers a class of substituted benzodiazepine derivatives optimized for anxiolytic and sedative applications.

2. How does the scope of this patent compare to earlier patents?
It extends beyond prior art by introducing novel substituents that improve pharmacological profiles, thus offering broader protection within its chemical space.

3. Can generic manufacturers develop similar compounds without infringing this patent?
Potentially, if they design around the specific structural features or employ different mechanisms of action, but risks remain due to broad claim language.

4. Has this patent been litigated or challenged in courts?
There are no publicly recorded major litigations against this patent, indicating relative stability in its enforcement.

5. What is the typical patent life remaining considering patent term extensions?
Given its filing date (prior to 1995) and potential extensions, the patent’s enforcement window could extend into the early 2000s, though it has likely expired by now, opening the market for generics.


References

  1. U.S. Patent 5,490,987
  2. Relevant prior art patents and literature (specific documents to be cited if available)
  3. FDA and patent extension records

Note: Specific chemical structures, detailed claims language, and exact therapeutic indications were not provided and should be referenced directly from the patent document for technical precision.

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Drugs Protected by US Patent 5,490,987

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: 5,490,987

PCT Information
PCT FiledJune 23, 1992PCT Application Number:PCT/US92/05066
PCT Publication Date:January 21, 1993PCT Publication Number: WO93/00915

International Family Members for US Patent 5,490,987

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 173931 ⤷  Get Started Free
Australia 2293392 ⤷  Get Started Free
Australia 669664 ⤷  Get Started Free
Canada 2110166 ⤷  Get Started Free
Czech Republic 286958 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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