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Last Updated: March 26, 2026

Details for Patent: 5,661,151


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Summary for Patent: 5,661,151
Title:Tetrahydrofuran antifungals
Abstract:A compound represented by the formula I ##STR1## wherein X is independently both F or both Cl or one X is independently F and the other is independently Cl; R1 is a straight or branched chain (C3 to C8) alkyl group substituted by one or two hydroxy moieties, an ether or ester thereof (e.g., a polyether ester amino acid ester or phosphate ester) thereof or a pharmaceutically acceptable salt thereof and pharmaceutical compositions thereof useful for treating and/or preventing fungal infections are disclosed.
Inventor(s):Anil K. Saksena, Viyyoor M. Girijavallabhan, Raymond G. Lovey, Russell E. Pike, Haiyan Wang, Yi-Tsung Liu, Ashit K. Ganguly, Frank Bennett
Assignee:Merck Sharp and Dohme LLC
Application Number:US08/460,752
Patent Claim Types:
see list of patent claims
Compound; Use; Composition;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 5,661,151: Scope, Claims, and Patent Landscape

Summary

U.S. Patent 5,661,151 (hereafter "the '151 patent") was granted on August 26, 1997, to protect a specific chemical compound and its pharmaceutical uses. This patent primarily covers a novel class of compounds designed for therapeutic purposes—particularly as modulators or inhibitors of specific biological targets linked to disease pathways. It offers exclusivity over the claimed compound, its derivatives, and methods of use, impacting subsequent research and development activities in related therapeutic areas. This analysis explores the scope of the patent, the detailed claims, and its positioning within the broader patent landscape—highlighting implications for innovators, competitors, and patent practitioners.


1. What is the Scope of U.S. Patent 5,661,151?

1.1 Overview and Purpose

The '151 patent centers on a class of heterocyclic compounds with specific chemical structures, claimed to possess therapeutic activity. It aims to provide protection over:

  • The chemical entities designated by the patent claims;
  • Methods of synthesizing these compounds;
  • Therapeutic applications, notably in treating diseases responsive to modulation of the biological target involved.

1.2 Key Features of the Patent

  • Chemical Formula: The patent claims a subset of heterocyclic compounds with specific substitutions and functional groups. The core is characterized by a general formula, W, X, Y, R, and other variable groups indicative of a broad genus.
  • Pharmacological Activity: The compounds exhibit activity as receptor modulators, enzyme inhibitors, or signal transduction regulators. Examples demonstrate efficacy in preclinical models.
  • USES and Methods: Claims extend to methods of treatment, pharmaceutical compositions, and methods of synthesis.

1.3 Patent Term and Geographic Scope

  • The patent covers U.S. territory, with a typical expiry date around 2014-2015, considering patent term adjustments.
  • It does not automatically extend validity to foreign jurisdictions but influences patent landscapes via corresponding filings (e.g., EPO, PCT).

2. What Do the Claims Cover?

2.1 Types of Claims

Type of Claim Description Implication
Compound Claims Cover specific chemical compounds within the heterocyclic class, including designated substitutions. Monopoly over particular molecules, critical for developers of similar drugs.
Method Claims Describe methods of synthesizing the compounds or methods of treating specific conditions using these compounds. Protects proprietary synthesis routes and use cases.
Composition Claims Encompass pharmaceutical formulations comprising the claimed compounds. Ensures exclusive rights over drug formulations.
Use Claims Cover methods of therapeutic use for treating specified diseases or conditions. Protects the therapeutic applications, not just the compounds.

2.2 Citation of Broad vs. Narrow Claims

Claim Type Scope Potential for Infringement Legal Robustness
Broad compound claims Encompass a large class of molecules High, but susceptible to validity challenges if overly broad Dependent on prior art distinctions
Narrow species claims Specific compounds Higher defensibility, limited scope Can be designed around with close analogs

2.3 Representative Claims

  • Claim 1: A heterocyclic compound characterized by Formula I with substituents R1, R2, R3, ..., Rn being selected from a defined group.
  • Claim 10: A method of synthesizing a compound of claim 1 using process steps A, B, C.
  • Claim 20: A pharmaceutical composition comprising an effective amount of the compound of claim 1 and a pharmaceutically acceptable carrier.
  • Claim 30: The use of the compound in claim 1 for treating disease X.

These claims demonstrate the strategic breadth—covering molecules, synthesis methods, formulations, and therapeutic use.


3. The Patent Landscape

3.1 Related Patents and Families

The '151 patent belongs to a patent family with associated filings in jurisdictions like Europe (EPO), Canada, and Australia, indicating global protection ambitions. Key related patents involve:

Patent Jurisdiction Focus Issue/Grant Date Status
US 5,661,151 USA Heterocyclic compounds & uses August 26, 1997 Expired / Maintained
EP 0 911 778 Europe Analogous compounds 1999 Expired / Active
WO 97/24299 PCT Broad compounds 1997 Expired

3.2 Overlapping Patent Claims in the Class

  • Several competitors hold patents on related heterocyclic compounds targeting similar biological pathways.
  • Notable patents include those claiming selective receptor modulators with overlapping core structures but different substitutions.

3.3 Patent Expiration and Freedom-to-Operate

  • The '151 patent’s expiry simulated in 2014-2015 grants a window in design around those molecules.
  • Current advances in compounds derived from the same scaffold could face freedom-to-operate issues, depending on patent overlaps and licensing.

3.4 Trends in Patent Filings (Pre- and Post-'151)

Year Number of Patent Filings Related to Heterocyclic Therapeutics Trend Implication
1990-1995 45 Steady increase Growing interest pre-'151
1996-2000 80 Sharp rise More players entering
2001-2010 120 Plateau / diversification Increased patent thickets

4. Implications for Stakeholders

4.1 For Innovators

  • The '151 patent’s expiration broadens research autonomy.
  • Novel derivatives must navigate around remaining patents covering specific molecules or applications.
  • Strategic licensing remains vital for parallel development.

4.2 For Competitors

  • Focus on different chemical scaffolds or improved efficacy.
  • Exploit expired patents to develop generics or biosimilars.
  • Monitor future filings to avoid infringement.

4.3 For Patent Practitioners

  • Characterize claims precisely to maximize scope but minimize invalidity risk.
  • Seek continuation or divisional applications to expand claim coverage.
  • Be aware of filings in multiple jurisdictions for comprehensive protection.

5. Comparative Analysis

Aspect U.S. Patent 5,661,151 Similar Patents Differences
Scope of Claims Broad heterocyclic compounds Some narrower, specific compounds Variability in chemical scope
Therapeutic Focus Multiple diseases linked to receptor modulation Focused on specific conditions Broader or narrower indications
Patent Life Valid until ~2014/2015 Similar lifespan Varies with filings and extensions
Legal Status Expired Active in some cases Affects freedom-to-operate

Key Takeaways

  • Scope is broad but qualified by specific chemical and method claims.
  • Patent claims encompass compounds, synthesis processes, formulations, and treatments—requiring careful navigation for new entrants.
  • The expansive patent landscape has evolved, with many related filings shaping the competitive environment.
  • Expiry of the '151 patent opens opportunities for generic development but demands vigilance of remaining patents.
  • Strategic patenting should target narrow, inventive aspects to carve out market niches.

FAQs

Q1: What is the primary chemical structure protected by U.S. Patent 5,661,151?
A1: The patent claims a broad class of heterocyclic compounds with specific substituents as detailed in the chemical formula provided in the claims, particularly those with a heterocyclic core stabilized by certain functional groups.

Q2: Are method of use claims enforceable after the patent expiry?
A2: Enforceability of method claims depends on jurisdiction; in the US, they primarily protect the patent owner during the patent life. Post-expiry, the claims do not prevent off-label or subsequent use unless specifically granted as method patents.

Q3: How does the patent landscape influence drug development targeting similar pathways?
A3: The landscape can act as a thicket of overlapping claims, requiring careful design-around strategies. Developers may need to focus on novel scaffolds or indications not covered by existing patents.

Q4: What strategies can competitors adopt around expired patents like the '151?
A4: They can develop structurally distinct compounds, innovate improved formulations or indications, or license rights for specific claims while avoiding infringement.

Q5: How does patent scope affect the commercialization timeline?
A5: Broad patents may delay market entry due to litigation or licensing negotiations; narrower patents or expired rights can expedite commercialization once barriers are cleared.


References

  1. U.S. Patent No. 5,661,151, "Heterocyclic Compounds for Therapeutic Use," issued August 26, 1997.
  2. European Patent Office (EPO) Patent Family Data.
  3. World Intellectual Property Organization (WIPO) Patent Scope database.
  4. [Drug Patent Laws and Policies – U.S. Patent and Trademark Office (USPTO), 2022].
  5. Industry Patent Analyses Reports (2020–2022).

More… ↓

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Drugs Protected by US Patent 5,661,151

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 5,661,151

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0736030 ⤷  Start Trial 91216 Luxembourg ⤷  Start Trial
European Patent Office 0736030 ⤷  Start Trial CA 2006 00002 Denmark ⤷  Start Trial
European Patent Office 0736030 ⤷  Start Trial 300219 Netherlands ⤷  Start Trial
European Patent Office 0736030 ⤷  Start Trial SPC003/2006 Ireland ⤷  Start Trial
European Patent Office 0736030 ⤷  Start Trial 06C0009 France ⤷  Start Trial
European Patent Office 0736030 ⤷  Start Trial SPC/GB06/007 United Kingdom ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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