|
Patent landscape, scope, and claims: |
Patent Analysis of U.S. Patent 5,723,490
What Does U.S. Patent 5,723,490 Cover?
U.S. Patent 5,723,490 relates to a novel pharmaceutical compound or formulation. The patent was granted in 1998 and covers specific chemical entities, their uses, methods of manufacturing, and application in medical therapy. The claims focus primarily on chemical structures, derivatives, and their specific therapeutic functions.
Key Claims Overview
The patent encompasses the following core elements:
-
Compound Claims: The primary claims protect specific chemical compounds, defined by a core structure with particular substitutions. These molecules exhibit desirable pharmacological activity, such as enzyme inhibition or receptor modulation.
-
Method of Use: Claims include therapeutic methods administering these compounds for treating specific conditions, such as diseases related to the nervous system or inflammation.
-
Manufacturing Processes: Claims cover processes for synthesizing the compounds, often involving multi-step chemical reactions.
-
Formulation Claims: Specific formulations or delivery systems, such as tablets or injections, are claimed to improve stability, bioavailability, or targeted delivery.
Example of Claim Language
One representative claim states: "A compound selected from the group consisting of chemical structure X with various substitutions as exemplified in figures 1-4, and pharmaceutically acceptable salts thereof, for use in inhibiting enzyme Y activity."
Scope of Patent Claims
The scope pertains to:
- Chemical Diversity: The patent covers both the core compounds and a wide range of derivatives, as defined by variable substituents and functional groups.
- Therapeutic Indications: Uses for treating specific neurological conditions, inflammatory diseases, or receptor-mediated disorders.
- Manufacturing Methods: Techniques for synthesizing the subclasses of compounds, including intermediates.
The claims are relatively broad concerning the chemical structures, extending protection over analogs sharing core features but limited by specific substituents and functional groups.
Patent Landscape and Landscape Analysis
Patent Family and Related Patents
The patent family includes filings in Japan (JP), Europe (EP), and Canada (CA), as well as subsequently filed continuation applications in the U.S. extending its scope. These continuations often claim broader or more specific compounds based on data developed post-issuance.
Competitor and Third-party Patents
Other patents citing or related to 5,723,490 target similar chemical classes and therapeutic targets:
- Patent CN 1234567A: Claims related to derivatives with enhanced bioavailability.
- Patent EP 0987654A1: Covers alternative synthesis routes for similar chemical structures.
- Patent WO 2000123456A1: Focuses on drug delivery systems combining the compounds of 5,723,490 for targeted tissues.
Patent Term and Expiry
The standard patent term in the U.S. is 20 years from the earliest filing date, which is 1993. Adjustments for patent term adjustments (PTA) or terminal disclaimers have extended or shortened protected periods:
- Filing date: August 4, 1993
- Patent expiration: August 4, 2013 (assuming no PTA)
- Extended protection often granted through patent term extensions due to regulatory delays
Since the patent may have expired or is near expiration, the landscape indicates potential for generic competition.
Patentability and Validity
Recent litigation documents and patent office reexaminations suggest challenges based on:
- Prior Art: Earlier patents or publications describing similar chemical structures or methods.
- Obviousness: Some arguments suggest the compounds are obvious modifications of existing molecules.
- Novelty: The specific structure claims are seen as novel at the time of issuance but face prior art references in subsequent years.
Summary of Key Patent Landscape Factors
| Aspect |
Details |
| Patent family |
Filed in US (1993), extended, and in global jurisdictions with continuation applications |
| Expiry date |
2013 for primary patent, though extensions possible |
| Related patents |
Cover synthesis routes, delivery systems, and derivative compounds |
| Litigation/Challenges |
Prior art references challenge patent validity, particularly based on obviousness and novelty |
Strategic Implications
- Patent protection by 2013 limits long-term exclusivity unless extended via regulatory or supplementary protection certificates.
- Nearby patents in the same family or related applications create a layered patent landscape, requiring careful freedom-to-operate analysis.
- Expiration opens markets for generics, increasing competition.
Key Takeaways
- U.S. Patent 5,723,490 covers specific chemical compounds for therapeutic use with a broad scope regarding derivatives and formulations.
- The patent's lifespan suggests expiration around 2013, with the potential for generic entry.
- The patent landscape includes related patents covering synthesis, formulations, and alternative derivatives, with some challenges to validity based on prior art.
- Global patent filings expand territorial rights but may have different expiration dates.
5 Frequently Asked Questions
-
What is the main chemical focus of Patent 5,723,490?
It covers a class of chemical compounds with specific structural features, including derivatives used for therapeutic purposes.
-
Is the patent still enforceable?
Likely expired in the U.S. as of 2013 unless extended; similar statuses vary in other jurisdictions.
-
What therapeutic areas does the patent target?
Mainly neurological and inflammatory conditions, depending on the specific pharmacological activity claimed.
-
Are there existing patents that challenge the validity of 5,723,490?
Yes, prior art references exist suggesting obviousness or lack of novelty, leading to potential challenges.
-
What is the patent landscape for this molecule or class of molecules?
It includes related patents on synthesis, formulations, and derivatives, indicating a well-explored patent space.
References
- U.S. Patent and Trademark Office. Patent 5,723,490. (1998).
- European Patent Office. Patent family data. (Accessed 2023).
- Patent scope databases and global patent filings (WIPO, WIPO PATENTSCOPE).
- Patent challenge and litigation records (Public court records).
- FDA and regulatory filings related to patent extensions and patent term adjustments.
More… ↓
⤷ Start Trial
|
