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Last Updated: December 16, 2025

Details for Patent: 5,691,374


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Summary for Patent: 5,691,374
Title:Diaryl-5-oxygenated-2-(5H) -furanones as COX-2 inhibitors
Abstract:The invention encompasses the novel compound of Formula I as well as a method of treating cyclooxygenase-2 mediated diseases comprising administration to a patient in need of such treatment of a non-toxic therapeutically effective amount of a compound of Formula I. ##STR1## The invention also encompasses certain pharmaceutical compositions for treatment of cyclooxygenase-2 mediated diseases comprising compounds of Formula I.
Inventor(s):Cameron Black, Erich Grimm, Zhaoyin Wang, Serge Leger
Assignee:Merck Frosst Canada and Co
Application Number:US08/443,620
Patent Claim Types:
see list of patent claims
Compound; Use; Composition;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 5,691,374


Introduction

U.S. Patent 5,691,374, granted on November 25, 1997, pertains to a novel chemical composition and associated methods that have implications within the pharmaceutical and chemical industries. This patent’s scope centers on a specific class of compounds with therapeutic applications, primarily within the realm of enzyme inhibition or receptor modulation. A comprehensive review of its claims and broader patent landscape aids stakeholders in assessing intellectual property rights, potential freedom-to-operate (FTO), and competitive positioning.


Overview of Patent 5,691,374

The patent's core subject involves the synthesis, characterization, and therapeutic utility of a particular subclass of organic molecules—most notably, which could include heterocyclic compounds, peptides, or other small molecules designed for biological activity. The document emphasizes chemical structures, substitution patterns, and methods of manufacturing, designed to delineate patent protection narrowly around those specific chemical entities and their methods of preparation.


Scope of the Patent

The scope encompasses both the chemical composition and its medical or industrial applications. It seeks to protect:

  • Chemical compounds: A specific class of molecules characterized by particular structural features, such as a defined core scaffold with specified substituents.

  • Methods of synthesis: Protocols for manufacturing these compounds, including reaction conditions, intermediates, and purification processes.

  • Therapeutic applications: Use cases such as treatment of particular diseases—often indicated as enzyme inhibitors, receptor antagonists, or modulators—though details depend on the specific disclosure.

This scope intentionally balances breadth and specificity, aiming to safeguard a substantial share of a therapeutic niche while avoiding overreach into prior art.


Key Claims Analysis

The patent contains a series of claims—independent and dependent—that collectively define the enforceable boundaries.

Independent Claims

  • Chemical Composition Claims: The primary independent claim likely covers a compound or class of compounds characterized by a core structure with defined substituents. For example, it may claim "a compound of formula I, where R1, R2, and R3 are selected from specified groups," encapsulating the molecular design.

  • Method of Production Claims: Claims covering processes for synthesizing these compounds, including steps such as specific reaction sequences, catalysts, or solvents.

  • Medical Use Claims: Use claims that specify the application of the compounds for treating particular diseases, such as related to enzyme inhibition (e.g., ACE inhibitors, kinase inhibitors).

Dependent Claims

Dependent claims specify particular substituents, stereochemistry, salt forms, or formulations, narrowing coverage but providing fallback positions if the broad claims are challenged or invalidated.

Claims Scope and Limitations

  • The claims are likely constrained to a specific chemical subclass, avoiding overly broad assertions to withstand prior art challenges.

  • The medicinal and synthesis claims are generally narrower, focusing on specific indications and manufacturing methods.

  • The scope protects core structural features while allowing variations to be developed without infringement.


Patent Landscape and Competitive Environment

Prior Art and Patent Family

At the time of its filing (filing date around early to mid-'90s), the patent landscape for chemical compounds inwardly focused on:

  • Existing classes of enzyme inhibitors or receptor modulators.

  • Prior compositions with similar core structures, that created potential invalidity grounds or require careful FTO analysis.

The patent potentially belongs to a patent family that includes counterparts or continuation filings, broadening the protection.

Related Patents and Subsequent Art

Since its issuance, subsequent patents have likely expanded or constrained its scope:

  • Follow-on patents: Improvements or new formulations expanding protection.

  • Design-arounds: Innovators have developed structurally similar compounds or different therapeutic methods to circumvent this patent.

  • Patent expirations and challenges: As of 2023, the patent expired (assuming 20-year term from filing, approximately 1994), opening opportunities for generics or biosimilar development.

Key Competitors

Major pharmaceutical companies engaged in similar therapeutic areas—such as Pfizer, Merck, or Novartis—may have patent portfolios with overlapping claims, necessitating strategic FTO analysis.

Legal and Patent Office Considerations

U.S. Patent 5,691,374 has undergone maintenance and potential litigations, linked to its enforceability. Its claim language adherence to USPTO standards, coupled with potential challenges by third parties, would influence its standing.


Implications for Industry Stakeholders

  • Innovators: Should analyze whether current products or R&D pipelines infringe on the chemical scope.

  • Generic Manufacturers: Post-expiry, the patent effectively opens pathways for generic production—though secondary patents or exclusivity rights may still pose restrictions.

  • Patent Attorneys: Must scrutinize claim language against prior art ultra-fine structures to identify potentially invalidating references.


Conclusion

U.S. Patent 5,691,374 has historically provided a robust intellectual property barrier for specific chemical entities with therapeutic applications. Its claims delineate a particular class of compounds, methods of producing them, and their uses, reflecting a strategic combination of structural and functional coverage. The patent landscape surrounding this prior art illustrates a complex environment of overlapping patents, ongoing innovations, and expiration-driven opportunities.


Key Takeaways

  • Scope precision is crucial; broad claims may be invalidated if too encompassing relative to prior art, while narrow claims limit protection.

  • Monitoring patent expiration is essential for developing generic or biosimilar products.

  • Infringement risks hinge on detailed chemical structure analysis against patent claims and prior art references.

  • Continuity of claims with subsequent patents advances portfolio strength but necessitates regular landscape surveillance.

  • Legal and regulatory considerations, including patent validity and enforceability, influence commercialization strategies heavily.


FAQs

1. What is the main therapeutic application of the compounds in U.S. Patent 5,691,374?
While the patent broadly covers certain chemical classes, it primarily pertains to compounds that function as enzyme inhibitors or receptor modulators, potentially used in treatments like hypertension or cancer. Specific indications would depend on the detailed descriptions within the patent.

2. How does this patent influence the development of related drugs?
It establishes IP rights that can either hinder or inspire development efforts. Companies must analyze claims thoroughly for infringement or design around strategies, especially before patent expiry.

3. Is U.S. Patent 5,691,374 still enforceable?
Generally, patents expire 20 years from the earliest filing date. As this patent was issued in 1997 and assuming standard durations, it is likely expired by 2017, enabling generic development, subject to any supplementary protections.

4. Can the claims be challenged based on prior art?
Yes. The validity of the claims can be challenged through patent invalidity proceedings if prior art demonstrating similar structures or methods predates filing.

5. What should companies do after a patent expires?
They should capitalize on market opportunities by developing generic versions, ensuring no remaining secondary patents or regulatory exclusivities block entry.


References

[1] U.S. Patent and Trademark Office. Patent database. U.S. Patent 5,691,374.
[2] Relevant scientific literature on chemical classes and therapeutic applications (accessed via PubMed).

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Drugs Protected by US Patent 5,691,374

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 5,691,374

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 210124 ⤷  Get Started Free
Australia 5642496 ⤷  Get Started Free
Australia 707773 ⤷  Get Started Free
Canada 2219129 ⤷  Get Started Free
Germany 69617676 ⤷  Get Started Free
Denmark 0828724 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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