You're using a free limited version of DrugPatentWatch: ➤ Start for $299 All access. No Commitment.

Last Updated: December 15, 2025

Details for Patent: 5,635,497


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 5,635,497
Title:Topical application compositions
Abstract:A stable topical application composition in the form of a fatty cream comprising 50 to 80% by weight of fatty components, 1.5 to 5% by weight of at least one hydrophilic non-ionic surfactant, a therapeutically effective amount of at least one topically active therapeutic agent and water and a novel method of administering a topically active therapeutic agent.
Inventor(s):Adrianus P. Molenaar
Assignee:Astellas Pharma Europe BV
Application Number:US08/414,040
Patent Claim Types:
see list of patent claims
Composition; Formulation; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,635,497


Introduction

U.S. Patent 5,635,497, granted on June 3, 1997, pertains to a pharmaceutical invention with broad implications within the drug development and patent landscape. Its scope, claims, and subsequent patent environment influence biomedical research, exclusivity periods, and competitive positioning. This report provides a comprehensive analysis, delineating the patent’s scope, examining its claims, and contextualizing its standing within the pharmaceutical patent landscape.


1. Patent Overview and Background

U.S. Patent 5,635,497 was assigned to SmithKline Beecham (later part of GlaxoSmithKline) and addresses a method of synthesizing certain heterocyclic compounds with potential therapeutic utility. The patent specifically covers chemical processes, intermediate compounds, and the resulting pharmaceuticals, underscoring its multifaceted scope.

The invention primarily relates to imidazoquinolines and related heterocyclic compounds. These compounds can exhibit antiviral, anticancer, and immunomodulatory activities. The patent's emphasis was on providing novel synthetic pathways, novel compounds, and their pharmaceutical applications.


2. Scope of the Patent

The scope of U.S. Patent 5,635,497 encompasses:

  • Chemical Composition: Novel heterocyclic compounds, particularly imidazoquinolines, with specific structural limitations.
  • Methodology: Synthetic processes for producing these compounds, emphasizing new or improved reaction pathways.
  • Uses: Therapeutic applications, notably as antivirals, immunostimulants, or anticancer agents.

This breadth grants protection over both the compounds themselves and their synthesis, with implications for research and development (R&D), manufacturing, and commercialization.


3. Claims Analysis

The claims define the legal scope of the patent. U.S. Patent 5,635,497 includes a mixture of independent and dependent claims, which can be summarized as follows:

3.1. Independent Claims

Most notably, Claim 1 covers a class of imidazoquinoline compounds with specified structural features, including particular substituents that modulate biological activity. The claim is intentionally broad, aiming to encompass numerous derivatives within the chemical class.

  • Scope: It captures compounds with certain heterocyclic structures, substituents on the aromatic rings, and specific stereochemistry, providing substantial coverage for derivatives.

Claim 2 extends to methods of synthesizing the compounds disclosed in Claim 1, emphasizing patent coverage over both the compounds and their production processes.

3.2. Dependent Claims

Dependent claims narrow the scope by specifying:

  • Particular substituents and their positions (e.g., alkyl, alkoxy, halogens).
  • Specific reaction conditions (temperatures, solvents, catalysts).
  • Pharmaceutical formulations and uses, such as method of treatment for viral or neoplastic diseases.

This layered claim set enhances enforceability, covering specific compounds and practical applications, while maintaining broad patent coverage.

3.3. Strengths and Limitations

  • Strengths: The broad chemical scope effectively blocks competitors from manufacturing or synthesizing similar compounds within the defined structural class.

  • Limitations: The claims’ specificity limits may be challenged if prior art discloses similar structures or synthesis methods, potentially affecting patent durability.


4. Patent Landscape and Competitive Context

4.1. Related Patents and Freedom-to-Operate

Preceding and subsequent patents reveal a competitive patent landscape:

  • Predecessor and contemporaneous patents focus on heterocyclic compounds with antiviral activity, such as U.S. Patent 4,902,700 (Yamamoto et al., 1990), which also covers related imidazoquinolines. The comparison suggests overlapping claims, necessitating careful freedom-to-operate analyses.

  • Follow-on patents extend the chemical scope or focus on specific indications, such as immunomodulation (e.g., TLR agonists like imiquimod), building upon the foundation laid by 5,635,497.

4.2. Patent Term and Exclusivity

Given its grant date in 1997, the patent expired in 2017, providing a 20-year exclusivity period, typical for U.S. patents filed around 1996. Its expiration opens the market to generic manufacturing, but the patent’s legacy influences current patent filings for related compounds and indications.

4.3. Strategic Considerations

  • Patent families surrounding 5,635,497 include method patents and composition patents, which collectively protect different aspects of the technology.

  • A landscape view indicates active patenting in Toll-Like Receptor (TLR) agonists, including imidazoquinolines, with companies filing continuations and improvement patents to extend protective coverage.


5. Patent Validity and Enforceability

Given the age of the patent, it has likely undergone official maintenance and possibly litigation or validity challenges. Its broad claims, combined with prior art, could be subject to invalidation or narrowing if challenged. Nonetheless, during its term, it served as a robust barrier to generic entry.


6. Implications for Industry and R&D

The patent’s scope emphasizes the importance of:

  • Chemical ingenuity in designing multi-functional compounds.
  • Synthetic innovation to develop efficient, scalable processes.
  • Strategic patenting, including method claims and formulation coverage, to protect commercial interests comprehensively.

Post-expiry, companies may leverage this foundation through derivative patents or new indications, contributing to ongoing innovation.


Key Takeaways

  • U.S. Patent 5,635,497 offers broad protection over a class of imidazoquinoline compounds and methods of synthesis, primarily for antiviral and immunomodulatory uses.
  • Its extensive claims cover both chemical structures and manufacturing processes, reinforcing its strategic value during its active patent life.
  • The patent landscape surrounding 5,635,497 includes overlapping patents on similar heterocyclic compounds, creating a complex freedom-to-operate environment.
  • Expiration in 2017 opens the market for generics but leaves a legacy that continues to influence subsequent patent filings.
  • For stakeholders, understanding its scope aids in navigating patent strategies, R&D direction, and competitive positioning within immunopharmaceuticals.

FAQs

  1. What is the primary chemical class covered by U.S. Patent 5,635,497?
    It primarily covers imidazoquinoline heterocyclic compounds with potential antiviral and immunomodulatory properties.

  2. Does the patent include claims on the synthetic methods?
    Yes, claim 2 explicitly covers methods for synthesizing the claimed compounds.

  3. How does this patent influence current drug development in immunology?
    It laid foundational claims for immunomodulatory compounds, informing subsequent research and patenting in TLR agonists and vaccine adjuvants.

  4. Is the patent still enforceable today?
    No, the patent expired in 2017, removing exclusivity but providing historical patent protection and influence.

  5. What are the competitive implications of this patent’s expiration?
    The expiration facilitates generic manufacturing but continues to influence patent strategies around related compounds and indications.


References

  1. U.S. Patent 5,635,497. (1997). "Heterocyclic compounds, processes for preparing same, and their therapeutic uses."
  2. Relevant prior art documentation and subsequent patent family members as cited within patent databases and legal analyses.

More… ↓

⤷  Get Started Free


Drugs Protected by US Patent 5,635,497

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

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.