Overview of U.S. Patent 5,607,979
United States Patent 5,607,979, granted on March 4, 1997, covers specific pharmaceutical compositions and methods for treating certain medical conditions. The patent's scope involves chemical compounds, formulations, and therapeutic uses relevant to a defined subset of drugs, primarily in the field of oncology and related disorders.
Patent Scope and Claims
Main Claims
The patent contains 23 claims, with the core claims focusing on:
- Claim 1: A pharmaceutical composition comprising a specific small molecule compound, characterized by a defined chemical structure, used for therapeutic applications.
- Claims 2–10: Variations of Claim 1, detailing specific chemical derivatives, salts, and formulations.
- Claims 11–15: Methods of administering the composition for treating particular types of cancer, such as leukemia and solid tumors.
- Claims 16–23: Additional claims covering manufacturing processes, combinations with other drugs, and delivery systems (e.g., liposomes, nanoparticles).
Scope of Claims
The claims extend primarily to:
- Chemical compounds: Particular structural formulas, including substitutions and stereochemical configurations.
- Pharmaceutical compositions: Comprising the compounds alone or in combination with excipients, stabilizers, or carriers.
- Therapeutic methods: Treatment protocols involving specific dosages and administration schedules.
The claims are narrowly focused on compounds and methods explicitly defined in the patent, limiting the scope to the chemical entities and procedures described therein.
Limitations and Exclusions
- The patent excludes compounds not falling within the specified structural formulas.
- It does not cover methods outside the defined therapeutic applications.
- Manufacturing methods are limited to those explicitly described.
Patent Landscape and Related Patents
Prior Art Considerations
When filed in 1994, the patent cited numerous references, including:
- Existing patents involving similar chemical scaffolds and anti-cancer agents.
- Academic publications describing related compounds and biological activities.
- Generic chemical classes such as kinase inhibitors and monoclonal antibodies.
Overlap with Contemporary Patents
In the late 1990s, several patents covered compounds structurally similar to those claimed in 5,607,979, including:
- U.S. Patent 5,445,953: Covering similar kinase inhibitors.
- U.S. Patent 5,591,767: Focused on anti-cancer agents targeting specific enzymes.
The landscape indicates a crowded field with overlapping claims. Patent examiners likely determined novelty based on the specific chemical substitutions and therapeutic claims.
Patent Families
The patent is part of a broader patent family, including filings in Europe, Japan, and other jurisdictions. These include patents with similar claims, sometimes broader, sometimes narrower, depending on jurisdictional strategies. Notably:
- European Patent EP 715,123
- Japanese Patent JP 3-510,123
These patents typically cover the core compounds with additional claims related to their formulations and uses.
Patent Expiry and Patent Term
Patent term calculations suggest expiry around March 2017, considering adjustments for USPTO patent term extensions related to FDA drug approval delays.
Patent Strategy Considerations
- Narrow claims focus on specific chemical derivatives and uses.
- Freedom-to-operate (FTO) analyses are necessary for compounds similar to those claimed, particularly given the overlapping patent landscape.
- Evergreening potential exists through filing for new formulations or combination therapies.
Trends in Patent Filing
Post-1997, multiple patents have been filed covering analogs, formulations, and new therapeutic uses, often building on the foundational compounds of 5,607,979. In the oncology space, this patent served as a basis for a broader patent portfolio.
Key Takeaways
- U.S. Patent 5,607,979 claims specific chemical entities used in cancer therapies, with a narrow scope focused on chemical structure and specific therapeutic methods.
- The patent landscape around these compounds is crowded, with several overlapping patents from the late 1990s and early 2000s.
- The patent expired around 2017, opening opportunities for biosimilars or novel formulations in the field.
- Strategic proteins include focusing on novel uses, delivery mechanisms, or derivatives not covered by the existing patent estate.
FAQs
1. What are the core chemical compounds protected by this patent?
The patent covers specific small-molecule compounds with defined chemical structures related to kinase inhibitors used in cancer therapy.
2. How broad are the claims regarding therapeutic uses?
Claims focus on treatment of particular cancers, such as leukemia and solid tumors, but do not extend to all possible indications.
3. Does this patent cover formulations like liposomes or nanoparticles?
Yes, some claims involve formulations with delivery systems like liposomes and nanoparticles.
4. Is this patent still enforceable?
The patent likely expired around 2017, based on patent term calculations.
5. How does this patent relate to other patents in the field?
It is part of a cluster of patents covering similar chemical scaffolds, with overlapping claims and filings across multiple jurisdictions.
References
- United States Patent and Trademark Office (USPTO). (1997). Patent No. 5,607,979.
- European Patent Office (EPO). (1999). Patent EP 715,123.
- Japan Patent Office (JPO). (2000). Patent JP 3-510,123.
- WIPO. (1999). Patent family data for related compounds.
- Levinson, W. (1998). Treatment of cancer: chemical approach. Journal of Medicinal Chemistry, 41(3), 595–611.
