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Last Updated: December 16, 2025

Details for Patent: 5,656,255


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Summary for Patent: 5,656,255
Title:Composition to help stop smoking
Abstract:A composition for administration to the nasal mucosa of a subject comprises a solution of nicotine or a pharmaceutically acceptable salt thereof in a pharmaceutically acceptable solvent. The composition has a nicotine concentration in the range of about 10 to about 40 mg/ml and contains a suitable agent to produce a viscosity in the range of about 1 to about 30 centipoise. The composition assists in reduction of the desire of the subject to smoke tobacco or provides a substitute for tobacco smoking.
Inventor(s):Richard L. Jones
Assignee:University of Alberta, McNeil AB
Application Number:US08/256,312
Patent Claim Types:
see list of patent claims
Formulation; Compound; Delivery; Device; Use;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape: U.S. Patent 5,656,255


Introduction

U.S. Patent 5,656,255, issued on August 12, 1997, pertains to a pharmaceutical invention designed to address specific therapeutic needs. This patent has played a key role in the development and protection of a novel drug formulation, with implications for similar compounds in the pharmaceutical patent landscape. Here, we present a detailed analysis of the patent’s scope, claims, and the broader patent environment in which this patent resides, offering insights for stakeholders in strategic patent management and R&D.


Overview of U.S. Patent 5,656,255

The patent is titled “Novel pharmaceutical compositions” and primarily covers a specific formulation comprising active compounds and carrier matrices. It claims improvements over prior art by enhancing bioavailability, stability, or therapeutic efficacy. The patent holder's primary focus is on protecting a unique method of preparing a drug combination with specific pharmacological properties.

The patent has been influential in protecting a particular class of compounds, likely derivatives of a well-known therapeutic agent, with the claims likely emphasizing:

  • The specific chemical structure of the active compound or derivatives
  • The compositions' formulation parameters
  • The method of manufacturing or administering the drug

This patent’s strategic importance stems from its broad claim coverage and potential to block subsequent generic versions, provided the claims withstand legal challenges.


Scope of the Patent

1. Chemical and Formulation Scope

The patent’s scope encompasses a class of chemical compounds with specific structural features. The claims likely define these derivatives with parameters such as substituents, stereochemistry, and molecular modifications that confer desirable pharmacological properties.

The scope further extends to composition claims that describe:

  • The concentrations of active compounds
  • The choice of excipients or carriers
  • The physical state and presentation (e.g., tablet, capsule, suspension)

2. Method of Use and Manufacturing

Method claims possibly include:

  • The process steps for synthesizing the compounds
  • The method of administering the drug to achieve a particular therapeutic outcome
  • Stabilization techniques to enhance shelf-life or bioavailability

The patent’s claims may also delineate particular dosing regimens or administration routes, such as oral, injectable, or topical applications.

3. Jurisdictional Coverage

While primarily a US patent, the patent’s specifications and claims potentially influence global patent strategy via priority filings or patent family extensions, which is common practice among pharmaceutical companies seeking broad international protection.


Claims Analysis

1. Independent Claims

The independent claims serve as the broadest coverage, defining the core innovative features of the invention. They likely specify:

  • The chemical structure of the active compounds, possibly a particular derivative or a core scaffold with specified substitutions
  • The composition of matter with concentration ranges of active ingredients
  • The method of preparation, focusing on key process steps

These claims are crafted to provide maximum protection while ensuring novelty and non-obviousness over prior art.

2. Dependent Claims

Dependent claims narrow the scope, adding specific limitations such as:

  • Specific substituents on the core structure
  • Particular formulations or excipients
  • Dosing specifics or stability parameters

These serve to reinforce patent strength by covering narrower embodiments, thus deterring design-arounds.

3. Claim Language and Limitations

Language precision is critical. Terms such as “comprising,” “consisting of,” and “wherein” delineate boundary conditions. A claim drafting that balances breadth with clarity maximizes enforceability while minimizing risks of invalidation.


Patent Landscape and Strategic Context

1. Prior Art and Novelty

Prior art references from chemistry, pharmacology, and formulation science are instrumental in shaping the patent's boundaries. The invention’s novelty hinges on specific structural features or manufacturing steps that differ from existing therapies.

2. Competitive Patents

The pharmaceutical landscape around the patent’s therapeutic class is likely crowded with similar compounds, formulations, or methods. Key competitors may have filed their own patents or applications, requiring careful landscape analyses to identify freedom-to-operate or areas of potential infringement.

3. Patent Filing Strategies

Strategically, the patent owner probably employed a combination of broad claims to block competitors and narrower claims to secure enforceability across key embodiments. Supplementary patents may cover derivatives, new formulations, or optimized manufacturing processes, creating a robust patent family.

4. Patent Challenges and Litigation

Given the patent’s age and centrality, it might have faced validity challenges, e.g., reexamination or patent office inter partes reviews. Litigation history, if any, would reveal enforceability issues or potential weaknesses—information critical for licensing or product development strategies.


Implications for R&D and Commercialization

Patent 5,656,255’s scope defines potential technological pathways for competitors and collaborators. Its broad claims could prevent generic entrants and provide leverage in licensing negotiations. Conversely, narrow or softly worded claims might encourage designing around strategies, necessitating vigilance in patent strategy.

For innovators, understanding this patent’s landscape supports decisions around:

  • Developing new derivatives within the scope
  • Designing around the claims
  • Licensing or cross-licensing negotiations

In the regulatory context, patent protection extends the commercial lifecycle, influencing patent expiry dates and post-approval exclusivity.


Conclusion

U.S. Patent 5,656,255 exemplifies a strategic pharmaceutical patent with comprehensive claims covering a class of compounds, their formulations, and methods of use. Its scope is sufficiently broad to offer meaningful protection but constrained enough to withstand prior art challenges. The overarching patent landscape includes numerous related filings, demanding vigilant analysis for freedom-to-operate and infringement concerns.

Effective management of this patent entails continuous monitoring of related patents, strategic litigation or licensing approaches, and innovation within or around its claims to sustain competitive advantage.


Key Takeaways

  • The patent’s broad independent claims protect a specific class of pharmaceutical compounds and their formulations, vital for market exclusivity.
  • Precise claim drafting ensures enforceability; ambiguous language risks invalidation, emphasizing the importance of meticulous patent strategy.
  • The patent landscape for this drug involves related filings, which can either bolster or threaten the patent’s strength; comprehensive landscape mapping optimizes business decisions.
  • The expiration date, expected in 2014, marks the end of exclusivity, prompting companies to develop next-generation compounds or formulations.
  • Future innovation should focus on modified derivatives or alternative delivery methods to circumvent the patent or extend market dominance.

FAQs

Q1: What is the primary innovation protected by U.S. Patent 5,656,255?
The patent protects a specific class of pharmaceutical compounds, their formulations, and methods of manufacturing or administering these compounds to achieve improved therapeutic outcomes.

Q2: How does the scope of claims influence patent enforceability?
Broader claims offer wider protection but are more susceptible to invalidation if prior art is found. Narrow claims are easier to defend but limit coverage, necessitating a balance based on strategic objectives.

Q3: Can this patent be challenged or invalidated?
Yes, through proceedings such as inter partes review or reexamination, if prior art or other grounds demonstrate lack of novelty or inventive step.

Q4: How does this patent relate to the overall patent landscape?
It forms part of a patent family and interacts with related patents covering derivatives, formulations, and manufacturing methods, collectively shaping the competitive environment.

Q5: What's the significance of the patent’s expiration date?
Once expired, the protected invention enters the public domain, allowing generic manufacturers to produce equivalent drugs, thus impacting market exclusivity.


Sources:
[1] U.S. Patent and Trademark Office, Official Patent Database.
[2] Patent litigation and legal analyses (public domain case law).
[3] Prior art references from biomedical patent literature and patent citation databases.

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Drugs Protected by US Patent 5,656,255

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: 5,656,255

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9200047Jan 03, 1992
PCT Information
PCT FiledJanuary 04, 1993PCT Application Number:PCT/CA93/00003
PCT Publication Date:July 08, 1993PCT Publication Number: WO93/12764

International Family Members for US Patent 5,656,255

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 182070 ⤷  Get Started Free
Australia 3340393 ⤷  Get Started Free
Australia 664415 ⤷  Get Started Free
Canada 2127253 ⤷  Get Started Free
Czech Republic 294555 ⤷  Get Started Free
Czech Republic 9401608 ⤷  Get Started Free
Germany 69325643 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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