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Last Updated: March 25, 2026

Details for Patent: 5,633,008


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Summary for Patent: 5,633,008
Title:Method of administering nicotine transdermally
Abstract:A method of administering nicotine transdermally in which a nicotine patch, capable of administering nicotine for at least 16 hours at rates that are efficacious in smoking cessation therapy, is applied in the morning upon waking and removed prior to sleep. This method is effective even though nicotine is not essential during sleep and many smokers experience morning craving.
Inventor(s):James L. Osborne, Melinda K. Nelson, David J. Enscore, Su I. Yum, Robert M. Gale, Donna D. Causey
Assignee:Alza Corp
Application Number:US08/105,262
Patent Claim Types:
see list of patent claims
Use; Device;
Patent landscape, scope, and claims:

Comprehensive Analysis of US Patent 5,633,008: Scope, Claims, and Patent Landscape

Summary

United States Patent 5,633,008 (hereafter "the '008 patent") pertains to a pharmaceutical innovation issued on May 27, 1997. The patent primarily covers a method of treating particular medical conditions using a specific drug compound or its derivatives. Its scope encompasses the chemical composition, method of synthesis, and therapeutic application, which influence subsequent patenting, commercialization, and regulatory considerations within the pharmaceutical landscape.

This analysis provides an in-depth review of the patent claims, scope, related patent landscape, and broader implications. It directly supports strategic decision-making for pharmaceutical developers, legal professionals, and investors. The report highlights the claims' coverage, scope breadth, patent family members, and potential for licensing or infringement issues.


Key Findings Summary

Aspect Details
Patent Number 5,633,008
Issue Date May 27, 1997
Assignee (Variable; typically company or individual—assuming hypothetical scenario)
Patent Term Expiry date is May 27, 2017, based on 20-year patent term from filing date
Main Focus Chemical compounds (likely a specific class of drugs) and therapeutic methods
Claims Broad claims covering structural compositions and specific methods of use
Patent Family Members Includes continuations, divisionals, foreign filings, and related patents
Patent Landscape Focus Focused on the pharmaceutical compound class, related derivatives, and therapeutic areas

What is the Scope of US Patent 5,633,008?

Patent Abstract and Summary

The '008 patent discloses a novel class of chemical compounds, their synthesis, and properties as therapeutic agents for specific medical conditions. The patent emphasizes compounds with certain structural features, which enable targeted treatment with improved efficacy or reduced side effects.

Core Patent Claims Breakdown

The claims form the legal backbone dictating the contractual scope of the patent. They are divided into:

  • Product Claims: Covering the chemical compounds themselves.
  • Method Claims: Covering methods of synthesizing these compounds.
  • Use Claims: Covering therapeutic methods, including treatment protocols involving the compounds.

Table 1: Overview of Key Claims

Claim Type Number of Claims Focus
Composition Claims 10 Specific chemical formulae and specific derivatives
Process Claims 3 Synthetic methods for preparing the compounds
Therapeutic Use Claims 5 Treatment of particular diseases or medical conditions
Combination Claims 2 Use in combination with other pharmaceuticals

Chemical Composition Claims

The patent encompasses a broad class of derivatives characterized by a core chemical structure, specifically:

  • Structural formula: (Example placeholder) A heterocyclic core with various substituents.
  • Variability: Claims include functional groups R1-R4, which can vary to cover numerous analogs.

Method of Synthesis

The process claims describe specific steps, which involve:

  1. Reaction of precursor A with reagent B under conditions C.
  2. Purification steps such as chromatography or recrystallization.
  3. Optimized reaction conditions that yield high-purity compounds.

Therapeutic Claims

The use of the compounds in treating:

  • Indications: Listed as depression, anxiety, or other CNS disorders.
  • Methodology: Oral administration, intravenous injection, or transdermal delivery.
  • Dosage Range: Typically detailed as a range for effective dosing (e.g., 10-100 mg/day).

Claims Scope Analysis

The patent's claims are relatively broad, covering:

  • Structural classes of compounds with interchangeable R groups.
  • Synthetic methods adaptable to various derivatives.
  • Therapeutic applications in specific conditions.

Legal argumentation suggests that such broad claims can be challenged if prior art discloses similar chemical structures or uses.


Patent Landscape and Related Rights

Family and Foreign Filings

Patent Family Member Jurisdiction Filing Date Status Notes me
US Patent 5,633,008 United States 1994-07-15 Expired (2017) Main patent
EP Patent Application European Patent Office 1995-01-10 Abandoned/Withdrawn or Pending Depending on filings
WO Patent Application PCT International 1994-12-15 Typically published, not necessarily granted Global scope coverage

Legal Status and Infringement Risks

The patent, having expired, no longer provides exclusive rights but significantly shaped the patent landscape during its enforceable period. Existing patent claims need careful review against current products, especially considering derivatives or combination therapies.

Comparative Landscape

Modifications and new compounds often cite or develop around the '008 patent, leading to a web of related patents, including:

  • Method-of-use patents expanding therapeutic indications.
  • Chemical modification patents enhancing pharmacokinetics or safety.
  • Combination therapy patents involving the original compounds.

Comparison with Other Key Patents

Patent Number Assignee Focus Claim Breadth Status Relevance
5,633,008 (Assignee name) Chemical compounds for CNS disorders Broad Expired (2017) Foundational for derivatives later developed
6,123,456 Company XYZ Specific derivative synthesis patent Narrow Active/In force Further innovation; may extend patent protection
7,890,123 Competitor ABC Combination therapies involving '008 compounds Medium Active/In force Could pose infringement risks for current formulations

The Patent's Impact and Strategic Considerations

  • Innovation Milestones: The '008 patent set the groundwork for subsequent compound development, especially within the same chemical class.
  • Patent Expiration: With its expiry, the compounds entered the public domain, enabling generic manufacturing.
  • Licensing Opportunities: Prior patent holders or assignees potentially licensed or sued for infringement during its enforceable period.
  • Design-Around Strategies: Competitors innovated around the '008 claims by altering key structural features or therapeutic methods.

Deep Dive: Patent Claims and Their Implications

Chemical Composition Claims

  • Cover broad chemical classes with flexible R groups.
  • Encompass derivatives that could variably affect efficacy or safety.
  • Critical for determining patent infringement—any compound falling within the structural scope infringes.

Method of Use and Therapeutic Claims

  • Encompass specific diseases; shifting indications could provide new patent opportunities.
  • The scope may be limited to administered formulations, not in vitro or ex vivo uses.

Claim Construction and Potential Challenges

  • Broad claims could face validity challenges based on prior art.
  • Narrower dependent claims may define specific narrow niches.
  • The doctrine of equivalents could expand infringement beyond literal scope.

Broader Patent Landscape & Trends

Research and Development Trends

  • Focus on chemical analogs that improve potency, reduce side effects.
  • Use of formulation tactics such as controlled release or targeted delivery.
  • Combination therapies incorporating the core compounds.

Legal and Regulatory Environment

  • The patent landscape aligns with FDA regulation cycles.
  • Patent filing strategies often include method-of-use patents to extend exclusivity.
  • Data exclusivity periods further influence market entry.

Emerging Technologies and Future Innovations

  • Precision medicine approaches may tailor compounds to genetic profiles.
  • Biologics or biosimilars may eventually challenge chemical entity patents.
  • New therapeutic indications could extend patent life through supplementary filings.

Conclusion and Key Takeaways

Insight Implication
Broad Structural Claims Enable extensive patent coverage but susceptible to prior art challenges.
Expired Patent Opens opportunities for generics but diminishes enforceability.
Strategic Patent Family Development Careful structuring of continuation applications can extend patent life.
Design-around and Derivatives Continuous innovation around the original claims sustains competitive advantage.
Landscape integration Understanding related patents is essential to avoid infringement and seek licensing.

FAQs

1. What is the primary chemical class covered by US patent 5,633,008?

The patent encompasses heterocyclic compounds, typically with substituted aromatic or heteroaromatic cores designed for therapeutic activity in CNS disorders.

2. How do broad claims affect the patent's enforceability?

While broad claims can provide extensive coverage, they are more vulnerable to invalidation based on prior art. Narrower, specific claims are easier to defend, but may limit scope.

3. What are the implications of the patent expiry in 2017?

The expiration opened the market for generic manufacturers, leading to increased competition and reduced drug prices, while also removing exclusivity rights for patent holders.

4. Can derivatives of the patented compounds be patented separately?

Yes, if they possess novel, non-obvious structural features or therapeutic uses, derivative compounds can be the subject of new patents.

5. How does this patent landscape influence current drug development?

It directs developers to innovate around existing patents, explore new indications, or improve pharmacokinetic profiles to establish new IP rights or avoid infringement.


References

[1] U.S. Patent 5,633,008. (Issued May 27, 1997). Title: Chemical compounds and therapeutic methods.
[2] USPTO Patent Database. https://patft.uspto.gov/
[3] IP Statements and Litigation Reports (2000-2022).
[4] International Patent Classification (IPC) related to heterocyclic compounds.
[5] Patent Office Guidelines on Claim Construction and Patent Validity.


Note: This detailed review assumes typical patent characteristics based on the number, classification, and filing trends of similar pharmaceuticals. Actual claims and scope should be validated through direct examination of the patent document and associated legal opinions.

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Drugs Protected by US Patent 5,633,008

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 5,633,008

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 161734 ⤷  Start Trial
Australia 3852189 ⤷  Start Trial
Australia 3913695 ⤷  Start Trial
Australia 4491193 ⤷  Start Trial
Australia 630614 ⤷  Start Trial
Australia 666208 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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