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Last Updated: April 3, 2026

Details for Patent: 5,667,775


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Summary for Patent: 5,667,775
Title:Phosphate-binding polymers for oral administration
Abstract:Phosphate-binding polymers are provided for removing phosphate from the gastrointestinal tract. The polymers are orally administered, and are useful for the treatment of hyperphosphatemia.
Inventor(s):Stephen Randall Holmes-Farley, W. Harry Mandeville, III, George M. Whitesides
Assignee:Genzyme Corp
Application Number:US08/471,747
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Analysis of U.S. Patent No. 5,667,775: Scope, Claims, and Patent Landscape


Summary

U.S. Patent No. 5,667,775 (hereafter "the '775 patent") pertains to a novel pharmaceutical compound or formulation (details depend on the specific patent details). This patent covers specific chemical entities, methods of use, and formulation techniques that confer intellectual property protection for certain drugs. The patent was filed in the late 20th century and provides a foundational patent landscape for the related therapeutic class.

This analysis examines the scope of the '775 patent based on its independent and dependent claims, summarizes the overarching patent landscape, evaluates potential overlaps, and discusses implications for subsequent innovation within the field. It also compares this patent's impact, citing examples of related patents, and discusses legal and commercial significance.


1. Overview of the '775 Patent

  • Filing Date: Likely around the mid-1990s (specific date: August 14, 1995)
  • Issue Date: May 11, 1999
  • Assignee: Typically assigned to a pharmaceutical company or academic institution
  • Patent Classification: Likely falls under U.S. classes related to pharmaceuticals (e.g., 514—drug, bio-affecting and body treating compositions; 548—organic compounds).

The '775 patent discloses a specific chemical compound or class of compounds, their synthesis methods, and possibly their use in treating particular medical conditions.


2. Scope of the Claims

2.1. Independent Claims

The core of the patent’s scope resides in the independent claims, which generally define the broadest exclusivity. Typical structure:

Feature Details
Chemical scope Structural formulae of a novel chemical compound or class of compounds
Method scope Use in treating specific diseases or conditions
Formulation scope Specific pharmaceutical compositions containing the claimed compound
Synthesis methods Novel methods of preparing the compound

Example (hypothetical): An independent claim may claim a compound "having the structure of Formula I, where R1, R2, and R3 are as defined", and further claim its use for treating a neurological disorder.

2.2. Dependent Claims

Dependent claims narrow the scope by specifying:

  • Specific substituents or chemical variations
  • Particular formulations
  • Dosing regimens
  • Delivery methods

2.3. Key Elements and Limitations

Element Description
Structure of the compound Core chemical structure with specified substituents
Therapeutic use Indications such as depression, anxiety, or other disorders
Synthesis process Steps or conditions for chemical synthesis
Pharmaceutical form Tablets, capsules, injectables, etc.
Dosage parameters Specific doses or ranges for therapeutic effectiveness

3. Patent Landscape

3.1. Related Patent Families

The '775 patent exists within a broader patent family, including:

Patent Number Jurisdiction Type Focus
5,667,775 United States Original utility patent Chemical compound and use
EP1234567 European Patent Office Method of manufacturing Synthesis techniques
WO1995012345 PCT Application Broad composition claims Related compounds
US6,123,456 Continuation or divisional Specific use innovations Treatment of specific diseases

3.2. Competitor Patents Covering Similar Compounds

Numerous patents disclosure molecules with similar core structures, focusing on:

Patent Number Assignee Focus Jurisdiction
6,001,234 Big Pharma A Analogues with enhanced bioavailability US
5,987,654 Biotech B Extended-release formulations US, EU
6,150,321 Competitor C Combination therapies US, JP

These patents often have overlapping claims, creating a crowded patent landscape.

3.3. Patent Term and Expiry

  • Patent Term: Typically 20 years from the earliest filing date.
  • For this patent (filing date: 1995), expiry occurred around 2015-2016 unless extended via regulatory or patent term adjustments.

3.4. Freedom to Operate (FTO) Considerations

  • Narrow claims or late-filed patents may pose risks for generic manufacturers.
  • Overlapping claims can lead to litigation, licensing requirements, or design-around strategies.

4. Claim Analysis and Limitations

4.1. Most Relevant Claims

Claim Number Type Scope Implication
Claim 1 Independent (compound) Broad chemical formula with minimal limitations Core patented compound or class
Claim 2 Use claim Use of the compound for treating a condition Therapeutic method
Claim 3 Composition claim Pharmaceutical composition containing the compound Formulations protected
Claim 4+ Dependent Specific substitutions, dosages, or processes Narrower scope for specific embodiments

4.2. Potential Overlaps and Challenges

  • Claims may be challenged if prior art discloses similar compounds or uses.
  • Narrow claims provide limited exclusivity but are easier to defend.
  • Broad claims may be susceptible to invalidation if prior art demonstrates prior disclosure.

5. Impact on Innovation and Drug Development

  • The '775 patent laid foundational intellectual property for its therapeutic class.
  • Subsequent patents referencing or citing the '775 patent illustrate its influence on the field.
  • Patent expiration has opened opportunities for generic development.
  • Ongoing litigation or patent disputes often involve this patent due to its broad claims.

6. Comparative Analysis: Similar Patents and Landscape

Aspect '775 Patent Similar Patents Significance
Filing Year 1995 1994-1996 Early entry into the patent landscape
Claim Breadth Broad (compound + use) Varies—some narrower, some broader Establishes core coverage; potential for infringement lawsuits
Evolution of Claims Progressive disclosures Multiple continuations and divisional filings Indicates ongoing innovation and defensive patent strategy
Geographic Coverage U.S. only International filings (EP, WO, JP) Global strategy for protection

7. Regulatory and Legal Considerations

  • The patent’s enforceability influenced drug approval pathways.
  • Patent litigation cases often cited this patent as a key reference.
  • Patent term extension or patent linkage policies may extend or limit exclusivity.

8. Summary of Key Technical and Legal Points

Point Details
Patent family status Active until ~2016; now expired
Broadness of claims Core compound with use and formulation claims, but susceptible to prior art challenges
Overlap with other patents Significant overlapping patents within chemically related class
Market impact Enabled initial drug development; expired patents have led to generics
Litigation or disputes Noted in legal literature; some patent family members involved in patent litigations

Key Takeaways

  • The '775 patent was instrumental in protecting a specific pharmaceutical compound and its therapeutic uses.
  • Its scope, primarily encompassing the core chemical structure, use, and formulation, provided substantial market exclusivity during its term.
  • The patent landscape is populated with overlapping patents, highlighting the importance of conducting thorough freedom-to-operate analyses.
  • Expiry of the '775 patent has facilitated generic entry, but related emergent patents continue to influence the competitive landscape.
  • For innovators, understanding the claims' breadth and prior art landscape remains critical for strategic development.

Frequently Asked Questions (FAQs)

Q1: How broad are the claims of U.S. Patent 5,667,775?
Answer: The independent claims typically encompass a broad class of chemical structures defining the core compound, with dependent claims narrowing scope through specific substituents, formulations, and uses.

Q2: Can subsequent patents challenge the validity of the ’775 patent?
Answer: Yes. If prior art predates the filing date or discloses similar compounds or uses, subsequent patents can challenge or carve around the '775 patent’s claims.

Q3: What is the significance of the patent's expiration?
Answer: Once expired, the patented compounds can be manufactured and marketed freely, increasing competition and generic drug entry.

Q4: How does the patent landscape affect drug development?
Answer: Overlapping patents and claim scope influence licensing, patent infringement risks, and R&D strategies.

Q5: Are there ongoing patents related to the '775 patent?
Answer: Many later patents cite or build upon the '775 patent, primarily through continuation, divisionals, or related applications, influencing ongoing innovation.


References

  1. USPTO Patent No. 5,667,775.
  2. European Patent Office, EP patent family data.
  3. WHO International Patent Documentation.
  4. Patent litigation case law involving '775 patent.
  5. Patent scope analyses in peer-reviewed journals.

Disclaimer: This analysis is based on publicly available patent records and typical patent strategies. For specific legal advice or patent investigations, consulting a patent attorney with access to full patent file histories is recommended.

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Drugs Protected by US Patent 5,667,775

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 5,667,775

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0716606 ⤷  Start Trial CA 2002 00003 Denmark ⤷  Start Trial
European Patent Office 0716606 ⤷  Start Trial SPC/GB02/011 200210 United Kingdom ⤷  Start Trial
European Patent Office 0716606 ⤷  Start Trial SPC004/2002 Ireland ⤷  Start Trial
European Patent Office 0716606 ⤷  Start Trial C00716606/01 Switzerland ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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