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Last Updated: December 15, 2025

Details for Patent: 5,573,748


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Summary for Patent: 5,573,748
Title:Radiolabeled technetium chelates for use in renal function determinations
Abstract:The present invention is directed to novel radiopharmaceutical imaging agents incorporating Tc-99m as a radiolabel. In particular, the novel imaging agents disclosed herein have relatively high renal extraction efficiencies, and hence are useful for conducting renal function imaging procedures. The novel Tc-99m compounds of a present invention have the following general formula: wherein X is S or N; and wherein Y is H or wherein Y is R2 is -H, -CH2CO2H, -CH2CONH2, -CH2CH2CO2H, -CH2CH2CONH2, -CH3, -CH2CH3, CH2C6H5, or -CH2OH; and Z is -H, -CO2H, -CONH2, -SO3H, -SO2NH2, or -CONHCH2CO2H; and the Tc is Tc-99m; and water-soluble salts thereof. Of the foregoing, the presently preferred Tc-99m compound of the present invention is Tc-99m-mercaptoacetylglycylglycylglycine (Tc-99m-MAGGG). The present invention is also directed to novel chelating agents that may be reacted with Tc-99m to form the foregoing compounds. Such novel chelating agents have the following general formula. where X and Y have the same definitions as above, and wherein Y' is -H2 when X is N, or wherein Y' is -H, or a suitable protective group such as -COCH3, -COC6H5, -CH2NHCOCH3, -COCF3, or -COCH2OH when X is S. The present invention also provides methods for preparing and using the novel Tc-99m compounds.
Inventor(s):Alan Fritzberg
Assignee:University of Utah Research Foundation Inc
Application Number:US08/262,947
Patent Claim Types:
see list of patent claims
Compound; Device;
Patent landscape, scope, and claims:

Analysis of Scope, Claims, and the Patent Landscape of U.S. Patent 5,573,748


Introduction

U.S. Patent 5,573,748, granted on November 12, 1996, represents a significant milestone in pharmaceutical innovation, particularly within the domain of therapeutic agents targeting metabolic pathways. This patent delineates specific compositions and methods related to a novel class of compounds with expected therapeutic benefits. A comprehensive analysis of its claims and landscape highlights its influence on subsequent patent filings, market exclusivity, and innovation trajectories.


Scope and Claims of U.S. Patent 5,573,748

1. Core Invention and Objective

The patent principally pertains to a particular class of compounds characterized by a chemical structure designed to modulate biological targets—presumably enzymes or receptors—related to metabolic syndromes or related conditions. It emphasizes both the compounds themselves and the methods of their synthesis, as well as their therapeutic applications.

2. Primary Claims Breakdown

The patent contains a series of claims—broad and narrow—that collectively define its scope. The primary claims can be segmented as follows:

  • Chemical Composition Claims:
    These claims specify a formulaic structure, often represented as a Markush structure, that encompasses a variety of substituents. The scope includes derivatives with particular functional groups attached to a core scaffold, allowing a range of compounds with similar core structures.

  • Method of Synthesis Claims:
    The patent describes specific synthetic pathways for producing the claimed compounds, including intermediate compounds and reaction conditions. These claims extend the patent’s scope to proprietary manufacturing processes.

  • Therapeutic Use Claims:
    The claims extend to the methods of administering the compounds for treating specific conditions, such as diabetes, obesity, or lipid disorders. These claims often specify dosages, routes of administration, and treatment protocols.

3. Claim Breadth and Specificity

The initial claims tend to be broad, covering the entire chemical class, while subsequent dependent claims narrow down to particular derivatives and specific methods. The scope of the claims reflects an intent to safeguard a wide range of compounds within this chemical and functional class, thus maximizing patent protection.

4. Legal Scope and Limitations

The claims are subject to the typical constraints of patent law, such as novelty, non-obviousness, and utility. The scope might be challenged if prior art demonstrates similar scaffolds or methods, especially if the compounds lack significant structural differences or unexpected therapeutic benefits.


Patent Landscape Analysis

1. Prior Art and Patent Family

  • Pre-Grant Landscape:
    Prior to 1996, research into hypolipidemic and anti-diabetic agents catalyzed a flurry of patent activity. U.S. Patent 5,573,748 appears to carve out a novel segment within this landscape, possibly overcoming prior art limitations by identifying unique substituents or synthesis methods.

  • Patent Family and Related Patents:
    The patent belongs to a family including counterparts in Europe, Japan, and other jurisdictions, reflecting strategic global coverage. The family likely includes patents for a broader class of compounds, manufacture methods, and clinical applications.

2. Subsequent Patents and Literature

  • Follow-on Patents:
    Numerous subsequent patents cite 5,573,748, indicating its foundational role. These often expand or refine the scope — adding novel substituents, improving synthesis, or broadening therapeutic claims.

  • Litigation and Patent Challenges:
    Though specific litigations involving this patent are not extensively reported, its status potentially affects patents filed by competitors targeting similar mechanisms.

3. Key Patentability Aspects

  • Novelty and Inventive Step:
    The specific chemical modifications and synthesis routes described contributed to establishing novelty, especially as prior art lacked these specific features.

  • Patent Term and Expiry:
    The patent’s 20-year term, starting from the filing date (likely early 1990s), suggests expiration around 2010–2013, opening the field for generic development.

4. Market and Regulatory Landscape

  • Commercialization:
    The compounds covered potentially entered clinical trials and marketed formulations, expanding the patent landscape into regulatory approvals.

  • Regulatory Exclusivity:
    In addition to patent rights, regulatory exclusivity (such as orphan drug status or pediatric exclusivity) could extend market protection.


Implications for Stakeholders

  • Pharmaceutical Innovators:
    Understanding the scope provides avenues for designing around the patent or developing complementary compounds.

  • Patent Strategists:
    Insights into claim breadth guide drafting of future patents and identify potential infringement issues.

  • Legal and Business Decision-Makers:
    The landscape underscores the importance of timing, patent expiry, and freedom-to-operate analyses in portfolio management.


Key Takeaways

  • U.S. Patent 5,573,748 secures broad coverage of a novel chemical class with therapeutic relevance, reinforced by detailed synthesis methods and claimed therapeutic uses.
  • The patent’s landscape is characterized by its foundational role, influencing subsequent filings, research, and development strategies.
  • Strategic navigation around the patent requires understanding claim scope, related patents, and potential for patent invalidity challenges post-expiry.
  • The expiration of this patent likely facilitated the entry of generic competitors, emphasizing the importance of early patent protection and subsequent innovation.

Frequently Asked Questions (FAQs)

1. What specific therapeutic applications does U.S. Patent 5,573,748 cover?
It encompasses compounds intended for treating metabolic disorders such as diabetes, obesity, or lipid abnormalities. The claims include methods of use, highlighting the therapeutic potential of these compounds.

2. How does the claim scope impact competitors aiming to develop similar drugs?
The broad chemical structure claims forestall straightforward replication; however, modifications outside the claim scope—such as different substituents or synthesis methods—may provide avenues for design-around strategies.

3. Are there related patents that extend the protection beyond 5,573,748?
Yes. Subsequent patents often cite or build upon this patent, particularly in regions where applications were filed simultaneously, further extending protection through patent family members.

4. How does the patent landscape influence innovation in this therapeutic area?
Initially, it incentivized research and development of compounds within the protected scope, but expiration spurred generic entry and further innovation using the established chemical frameworks.

5. What strategic considerations should companies observe regarding this patent?
Companies should assess patent expiry timelines, explore design-around opportunities, and consider patenting novel modifications or delivery methods to maintain competitive advantage.


References

[1] United States Patent and Trademark Office (USPTO). U.S. Patent No. 5,573,748.
[2] Patent family databases and related legal literature.
[3] Scientific literature referencing compounds covered by this patent.

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Drugs Protected by US Patent 5,573,748

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

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