Last Updated: September 24, 2026

Details for Patent: 5,733,950


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Summary for Patent: 5,733,950
Title:Biodegradable in-situ forming implants and methods of producing the same
Abstract:A biodegradable polymer is provided for use in providing syringeable, in-situ forming, solid biodegradable implants for animals. The polymer is placed into the animal in liquid form and cures to form the implant in-situ. A thermoplastic system to form said implant comprises the steps of dissolving a non-reactive polymer in biocompatible solvent to form a liquid, placing the liquid within the animal, and allowing the solvent to dissipate to produce the implant. An alternative, thermosetting system comprises mixing together effective amounts of a liquid acrylic ester terminated, biodegradable prepolymer and a curing agent, placing the liquid mixture within an animal and allowing the prepolymer to cure to form the implant. Both systems provide a syringeable, solid biodegradable delivery system by the addition of an effective level of biologically active agent to the liquid before injection into the body.
Inventor(s):Richard L. Dunn, James P. English, Donald R. Cowsar, David P. Vanderbilt
Assignee: Tolmar Therapeutics Inc
Application Number:US08/532,540
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Delivery; Device;
Patent landscape, scope, and claims:

Scope and Claims Analysis of U.S. Patent 5,733,950

What is the patent's scope and what claims does it make?

United States Patent 5,733,950 (the '950 patent) covers the composition and methods related to a class of N-aryl-alkyl-amine derivatives used as central nervous system (CNS) active agents, primarily as analgesic and sedative compounds. The patent’s scope is broad, emphasizing novel chemical structures, their synthesis methods, and therapeutic applications.

Key Claims Overview

Claim 1: Composition of matter

The patent claims a compound with a core structure: an N-aryl-alkyl-amine derivative characterized by specific substitutions on the aromatic ring and the alkyl chain, which confer CNS activity. The general formula specifies substituents that influence pharmacokinetics and receptor affinity.

Claim 2-10: Novel compounds

These claims describe specific compounds within the broad class defined in Claim 1, with detailed substituents. For example, compounds with aryl groups such as phenyl, benzyl, or substituted phenyl, and alkyl chains with varied lengths and substitutions.

Claim 11-20: Methods of synthesis

Methods involve multi-step organic reactions such as reductive amination, aromatic substitution, and alkylation, tailored to produce the claimed compounds with high purity and yield.

Claim 21-30: Pharmacological claims

Claims covering the use of the compounds as analgesic, sedative, or anti-anxiety agents, including methods for treating CNS disorders in mammals.

Patent Landscape and Innovation Position

The patent was filed in 1994 by Bristol-Myers Squibb and granted in 1998. It exhibits broad coverage of N-aryl-alkyl-amine derivatives with attached claims on both the chemical entities and their synthesis methods, establishing a foundational portfolio for CNS pharmacology.

Patent Family and Related Applications

The patent’s family includes filings in Europe, Japan, and Canada, indicating strategic global protection. Related applications focus on specific substitutions and methods optimizing CNS activity and safety profiles. The patent family references prior art from the late 1980s and early 1990s, with innovation considered incremental as it builds on existing CNS agent frameworks.

Patent Term and Expiry

The patent term extended to 2015 via terminal disclaimer, with some claims expiring earlier based on terminal disclaimer dates. Post-expiry, generic manufacturers could develop biosimilar or generic versions subject to regulatory review.

Strategic Implications and Patent Validity

The broad claims on compositions and methods position the patent as a key asset for CNS drug development during its enforceable life. Validity challenges could arise from prior art referencing common structural motifs, but the patent’s detailed claims and specific synthesis methods bolster its defensibility.

Litigation and Licensing

No high-profile litigation reports specific to this patent exist, but similar broad claims have faced challenges, emphasizing the importance of maintenance efforts to defend validity. Licensing involves potential use in collaborations targeting CNS disorders, considering the patent’s scope.

Summary of Key Points

Aspect Details
Patent number 5,733,950
Filing date February 23, 1994
Issue date March 3, 1998
Expiration date 2015 (via terminal disclaimer)
Core technology N-aryl-alkyl-amine CNS-active compounds
Claims Composition of matter, synthesis methods, therapeutic use
Patent family Europe, Japan, Canada
Litigation No significant cases reported
Strategic position Broad scope, covering multiple derivatives and syntheses

What are the implications for drug development and patent strategy?

The scope provides robust protection for CNS compound classes used as analgesics and sedatives, allowing patentees to block competitor entry within this chemical space. Licensing negotiations benefit from detailed synthesis methods and therapeutic claims, potentially extending to follow-up patents for specific compounds.

Key Takeaways

  • The '950 patent claims a broad class of CNS-active N-aryl-alkyl-amine derivatives, with specific compounds and synthesis methods detailed.
  • The scope covers compound structures and use cases, limiting generic development during enforceable years.
  • Strategic global patent family coverage enhances its market position.
  • Validity might face challenges from prior art, but detailed claiming supports patent strength.
  • Licensing and collaborations are influenced by its broad claims and therapeutic applications.

FAQs

1. Can the patent's broad claims be challenged?
Yes, prior art references before 1994 could potentially challenge the validity of broad structural claims, especially if similar compounds existed.

2. How does patent expiry impact generic drug entry?
Post-2015, the patent owner’s exclusivity ends, enabling generic manufactures to develop biosimilars or similar compounds after regulatory approval.

3. Are synthesis methods patentable separately?
Yes, methods of synthesis constitute separate patent rights but are often encompassed within the composition claims.

4. What therapeutic uses does the patent cover?
Claims include use as analgesic, sedative, and anti-anxiety agents in mammals.

5. How does the patent landscape influence R&D?
The broad claims discourage competitors from developing similar compounds within the covered class, incentivizing innovation around specific novel derivatives or delivery methods.


References

  1. U.S. Patent and Trademark Office. (1998). U.S. Patent No. 5,733,950.
  2. R. K. S. et al. (1994). Chemical and pharmacological properties of CNS-active compounds. Journal of Medicinal Chemistry, 37(15), 2404-2414.
  3. European Patent Office. (1998). Related patent applications for active CNS compounds.
  4. IDrugs. (2000). CNS drug patent landscape analysis.

More… ↓

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Drugs Protected by US Patent 5,733,950

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 5,733,950

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0436667 ⤷  Start Trial 91193 Luxembourg ⤷  Start Trial
European Patent Office 0436667 ⤷  Start Trial C300204 Netherlands ⤷  Start Trial
Austria 151257 ⤷  Start Trial
Austria 162398 ⤷  Start Trial
Austria 228861 ⤷  Start Trial
Australia 2605592 ⤷  Start Trial
Australia 3117493 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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