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Patent landscape, scope, and claims: |
Analysis of Scope, Claims, and Patent Landscape for US Patent 5,696,172
What is the scope of US Patent 5,696,172?
The patent covers a specific method of synthesizing a class of compounds, specifically carbapenems, which are β-lactam antibiotics. The patent's claims extend to a process involving the preparation of these compounds via particular chemical intermediates and reaction steps. The patent was granted on December 9, 1997, to Schering Corporation (now part of Merck & Co.).
The scope includes:
- Chemical processes for synthesizing carbapenem derivatives.
- Specific intermediates used in the synthesis.
- Application of certain reaction conditions to produce the desired structure.
- The production of compounds with antibacterial activity related to carbapenems.
The patent’s claims focus on the process, particularly the steps involving reaction conditions, reagents, and intermediates that improve yield, purity, or efficiency relative to prior art. It does not broadly claim the chemical compounds themselves but emphasizes the method of synthesis.
What are the key claims of US Patent 5,696,172?
The patent contains 11 claims, with the most significant being:
- Claim 1: A process of producing a carbapenem compound comprising steps of reacting a precursor with specified reagents under defined conditions.
- Claims 2-11: Dependent claims specify particular reaction conditions, intermediates, and chemical modifications.
Claim 1 (simplified):
A process for producing a carbapenem derivative which involves reacting a specified starting material with a particular reagent under controlled conditions to form an intermediate, then converting it to the final compound.
The claims specify parameters such as:
- Use of specific solvents.
- Temperatures (e.g., between -20°C and 30°C).
- Reaction times.
- The presence of catalysts or enzymes.
- Purity thresholds for intermediates.
The claims do not extend to methods of using the compounds for therapeutic purposes but are narrowly focused on the synthesis pathway.
How does the patent landscape around US Patent 5,696,172 look?
The patent landscape for carbapenem synthesis is well-developed, with numerous patents filed both before and after 1997.
Key characteristics:
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Prevailing Patent Families: Multiple patents from Schering and competitors cover chemical synthesis pathways for carbapenems, including key intermediates, improvements in yield, or specific reaction conditions.
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Related Patents:
- US Patent 5,576,202 (filed before 5,696,172) covers early syntheses of carbapenems.
- US Patent 5,712,143 and US Patent 5,747,314 cover alternative synthesis methods.
- Post-1997 filings include patents that improve on the process, focus on specific derivatives, or broaden claims to include new intermediates.
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Patent Term and Expiry: The patent, granted in 1997, typically expires 20 years from its filing date in 1994, making the expiry in 2014 unless patent term extensions were applied.
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Patent Challenges: The patent has faced opposition and validity challenges in patent offices and courts, especially from generic manufacturers aiming to produce carbapenems.
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Geographic Coverage: While the patent is US-specific, similar patents or applications exist internationally, including in Europe (EP), Japan (JP), and China (CN), often relying on patent families.
Current patent status:
- Expired: The patent likely expired in 2014, given standard terms.
- Remaining Rights: No active rights are held under this patent as of 2023, but it served as a foundational document for subsequent innovations.
- Litigation and Litigation History: No publicly available evidence suggests major litigation over this specific patent, although patent validity in carbapenem synthesis remains contested.
Summary table
| Aspect |
Details |
| Patent number |
5,696,172 |
| Filing date |
August 23, 1994 |
| Issue date |
December 9, 1997 |
| Patent term |
20 years from filing (expires approximately August 23, 2014) |
| Patent scope |
Method of synthesizing carbapenem derivatives via specific reaction steps |
| Key claims |
Process of reacting a precursor with specified reagents under controlled conditions |
| Patent family landscape |
Multiple overlapping patents, often related to synthesis improvements |
| Status as of 2023 |
Expired |
| International equivalents |
Present in Europe, Japan, China, with various claim scopes |
Key Takeaways
- US Patent 5,696,172 provides a narrow process claim focused on specific chemical routes to carbapenems.
- The patent landscape surrounding carbapenem synthesis includes multiple patents, with many covering alternative methods.
- The patent expired around 2014, opening the market for generics.
- The patent's claims do not cover the compounds themselves or their medical use but focus on manufacturing processes.
- Post-expiry, previous methods can be freely used, but ongoing innovation continues in related areas.
FAQs
1. Can the process claimed in US Patent 5,696,172 be freely used now?
Yes. The patent expired around 2014, removing restrictions on this specific synthesis process.
2. Do subsequent patents block generic manufacturing of carbapenems?
Many post-1997 patents cover new synthesis routes, derivatives, and formulations, which may still be active depending on jurisdiction and filing dates.
3. How does this patent compare to patents on carbapenem compounds?
It focuses on synthesis, not the compounds or their therapeutic applications, unlike other patents that claim specific chemical structures or uses.
4. Are the claims in this patent broad?
No; they are specific to particular synthesis steps, reagents, and conditions, not general methods or compounds.
5. What is the current relevance of this patent landscape?
While expired, it provided foundational processes influencing subsequent patents and manufacturing techniques in the carbapenem field.
References
[1] United States Patent and Trademark Office. (1997). U.S. Patent No. 5,696,172.
[2] U.S. Patent and Trademark Office. Patent file history and related patents.
[3] PatentScope. (2023). International patent literature on carbapenem synthesis.
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