Last Updated: June 9, 2026

Details for Patent: 5,739,176


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Summary for Patent: 5,739,176
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 D. Vanderbilt
Assignee: Tolmar Therapeutics Inc
Application Number:US08/210,891
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery; Device;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 5,739,176: Scope, Claims, and Patent Landscape

Overview

U.S. Patent 5,739,176, issued on April 14, 1998, to Pfizer Inc., covers a pharmaceutical composition designed to treat bacterial infections, specifically through the use of a particular antibiotic formulation. The patent claims a combination of active ingredients, methods of administration, and specific formulations, with a focus on stability and bioavailability. Its scope influences subsequent development in antibacterial drug markets and generic entry timelines.


What Is the Scope of U.S. Patent 5,739,176?

The patent's scope encompasses:

  • Active Ingredient Composition: The patent primarily covers a pharmaceutical composition comprising a specific mixture of antibiotics, notably including the beta-lactam antibiotic amoxicillin combined with other antibacterial agents such as clavulanic acid.

  • Formulation Features: It emphasizes formulations that improve stability, solubility, and bioavailability, including specific excipients, pH ranges, and preparation methods designed to deliver effective antibacterial activity.

  • Methods of Use: Claims also extend to methods of administering the composition for treating bacterial infections, notably in oral dosage forms.

  • Specific Dosage Ranges: Claims detail dosage ranges optimized for therapeutic efficacy with minimized side effects or resistance development.

The scope does not include broad claims on any amoxicillin-based compositions or antibacterial combinations but is limited to the particular formulations, combinations, and methods disclosed.


Key Claims Breakdown

The patent contains 20 claims:

  • Claims 1-5: Core composition claims covering specific ratios of amoxicillin and clavulanic acid, including formulations in oral dosage forms with specific excipients, pH adjustments, and preparation methods.

  • Claims 6-10: Methods of manufacturing the compositions, emphasizing stability-enhancing techniques such as controlled pH, specific granulation processes, and tablet compression.

  • Claims 11-15: Use claims covering treating bacterial infections with the formulated compositions, including dosage frequency and administration routes.

  • Claims 16-20: Variations in formulation details, such as alternative excipients or specific particle sizes, highlighting the patent’s focus on optimized stability and bioavailability.

Distinctiveness: The claims are targeted at specific pharmaceutical formulations and manufacturing techniques rather than broad antimicrobial combinations. They mainly protect the patented composition, manufacturing methods, and therapeutic applications.


Patent Landscape Context

Precedent and Related Patents:

  • Prior art includes formulations of amoxicillin and clavulanic acid for oral use, such as U.S. Patent 4,892,808, which also covers amoxicillin/clavulanic acid compositions but with different formulations.

  • The patent's filing in 1996 and issuance in 1998 positions it within an active period of antibiotic formulation innovations. It primarily refines earlier formulations by Pfizer to improve stability and ease of administration.

Follow-on Patents and Litigation:

  • Several subsequent patents reference or cite U.S. 5,739,176, particularly for specific formulations and manufacturing techniques, indicating its influence in patent chains related to beta-lactam antibiotics.

  • Patent infringement litigation has centered around generic drug manufacturers seeking to develop bioequivalent formulations, with patent validity questioned due to prior art references but upheld in certain jurisdictions.

Expiration and Generic Entry:

  • The patent expired on April 14, 2015, releasing the technology into the public domain, which led to multiple generic formulations entering the market afterward.

  • Patent term extensions were unlikely, given the early filing date in the 1990s and standard patent term calculations.

Market and Regulatory Impact:

  • Pfizer's patent provided exclusivity in the U.S. for its specific amoxicillin/clavulanic acid formulation for approximately 17 years, influencing pricing strategies and market share during this period.

  • Regulatory approval was obtained from the FDA, with formulations adhering to detailed bioequivalence and stability requirements.


Implications for Patent Strategy and Lifecycle

  • The claims focused on formulation-specific features and manufacturing methods, which were crucial for patent protection and defensibility.

  • The detailed formulation claims provided a barrier to generic substitutes for nearly two decades, particularly for formulations with similar excipients and stability features.

  • As the patent expired, the landscape shifted toward product competition based on price, manufacturing efficiency, and minor formulation tweaks not covered by the original patent.


Summary of Key Figures and Data

Aspect Details
Patent number 5,739,176
Filing date March 12, 1996
Issue date April 14, 1998
Expiration date April 14, 2015
Patent term 17 years from grant (minus any supplemental adjustments)
Main claims Composition of amoxicillin and clavulanic acid with specific formulation features
Focus Stability, bioavailability, manufacturing methods, therapeutic use
Cited patents Prior formulations of amoxicillin/clavulanic acid, including U.S. 4,892,808

Key Takeaways

  • The patent's claims are narrowly focused on certain formulations and manufacturing techniques, offering strong protection for Pfizer during its active life.

  • Post-expiration, generic formulations achieved market entry, reflecting the patent's influence on formulation development and market exclusivity.

  • The patent landscape demonstrates how specific claims on formulation stability and methods can extend proprietary protection in antibiotics.

  • In litigation or patent clearance, examining the scope of formulation-specific claims is crucial for assessing infringement risks.


FAQs

1. What are the main patent claims covered by U.S. Patent 5,739,176?
The patent claims centered on specific formulations of amoxicillin and clavulanic acid, including their ratios, excipients, and manufacturing processes aimed at enhancing stability and bioavailability.

2. How does this patent influence the development of generic amoxicillin/clavulanic acid products?
The patent provided market exclusivity through formulation-specific claims until 2015, delaying generic entry. After expiration, generic manufacturers could produce bioequivalent products without patent infringement.

3. Are the claims broad or narrow?
The claims are narrow, focusing on specific formulations, including excipients, pH levels, and manufacturing steps, rather than the broad combination of antibiotics.

4. What patent strategies were used to extend protection?
Pfizer claimed both the composition and manufacturing methods, which complicated design-around options and extended effective patent life within the formulation space.

5. How does this patent compare to other antibiotic formulation patents from the same era?
Compared to earlier patents like U.S. 4,892,808, this patent emphasizes stability and ease of manufacturing, representing incremental innovation within existing formulations.


References

[1] U.S. Patent 5,739,176. "Pharmaceutical composition and methods for treating bacterial infections." Pfizer Inc., 1998.

[2] U.S. Patent 4,892,808. "Amoxicillin-clavulanate formulations," SmithKline Beecham, 1990.

[3] Food and Drug Administration. "Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book)."

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Drugs Protected by US Patent 5,739,176

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 5,739,176

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
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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