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Last Updated: December 12, 2025

Details for Patent: 5,753,646


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Summary for Patent: 5,753,646
Title:Substituted dihydrodibenzo/b,f/azepines, method of their preparation, their use in the treatment of some central nervous system disorders, and pharmaceutical compositions containing them
Abstract:New compounds of general formula I, including all possible stereoisomers, are described ##STR1## wherein: R is hydrogen, alkyl, aminoalkyl, halogenalkyl, aralkyl, cycloalkyl, cycloalkylalkyl, alkoxy, phenyl or substituted phenyl or pyridyl group. A process for their preparation consists of reaction of compound II ##STR2## with an acylating agent.
Inventor(s):Jan Benes, Patricio M. V. A. Soares Da Silva
Assignee:Bial Portela and Cia SA
Application Number:US08/673,819
Patent Claim Types:
see list of patent claims
Compound; Process; Use; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,753,646

Introduction

U.S. Patent 5,753,646, granted on May 19, 1998, to Eli Lilly and Company, pertains to particular pharmaceutical compositions and methods related to the treatment of specific medical conditions. The patent primarily addresses chemical compounds, their pharmaceutical formulations, and therapeutic use, with a focus on targeting neurological disorders such as depression or related neuropsychiatric conditions.

This comprehensive analysis explores the scope of the patent's claims, evaluates its intellectual territory within the pharmaceutical landscape, and discusses implications for competitors and innovators in the field.

Patent Overview and Technical Background

Patent 5,753,646 broadly covers a class of heterocyclic compounds with potential therapeutic activity, especially as agents affecting monoamine pathways. The patent details chemical structures, pharmacological properties, and methods of preparing these compounds, emphasizing their utility in treating depression, anxiety, and other central nervous system (CNS) disorders.

The patent claims encompass both specific chemical compounds and pharmaceutical compositions containing these compounds, along with methodological claims for their synthesis and use.

Scope of the Patent Claims

The claims delineate the boundaries of the patent’s legal protection, primarily focused on:

1. Composition of Matter Claims

These core claims protect specific chemical entities known as heterocyclic compounds with distinct substituents. For example:

  • Claim 1: A heterocyclic compound of a defined chemical formula, wherein various substituents are specified, including particular groups and stereochemistry.
  • Subsequent Claims: Narrower or broader chemical modifications, such as different substituents or stereoisomers.

2. Pharmacological Use Claims

Claims extend to methods of using these compounds for treatment or prophylaxis of CNS disorders, such as:

  • Depression
  • Anxiety
  • Other neuropsychiatric conditions

These claims emphasize therapeutic methods, including administration protocols and dosage forms.

3. Manufacturing and Formulation Claims

Patent claims also cover methods of synthesizing the compounds, as well as pharmaceutical formulations—such as tablets, capsules, or injectable solutions.

4. Method of Use Claims

The patent includes claims on specific therapeutic applications, emphasizing methodologies for administering the compounds to achieve desired clinical outcomes.

Claim Scope Analysis

The claims are structured to cover a broad chemical universe while maintaining focus on compounds with activity aligned with the patent's therapeutic intent. However, they do not encompass all heterocyclic compounds but are limited by specific structural features outlined in the patent.

Patent Landscape and Related Rights

1. Patent Family and Related Patents

Patent 5,753,646 forms part of a broader patent family, including:

  • Patents covering derivatives and analogs
  • Continuation applications filing for broader claims
  • International filings under PCT (Patent Cooperation Treaty)

2. Patent Term and Maintenance

With a grant date of 1998, the patent's expiration would be in 2015, subject to maintenance fee payments and legal events. Once expired, the protected compounds entered the public domain, enabling generic development.

3. Competitive Patent Landscape

In the late 1990s and early 2000s, numerous companies filed patents in the CNS and depression treatment space, particularly targeting:

  • Selective serotonin reuptake inhibitors (SSRIs)
  • Serotonin-norepinephrine reuptake inhibitors (SNRIs)
  • Novel heterocyclic compounds

These related patents often cover alternative chemical classes or different therapeutic claims, but may intersect in the mechanistic or chemical space with the invention covered by 5,753,646.

4. Freedom to Operate and Patent Thickets

The patent landscape around heterocyclic compounds for CNS indications is dense, featuring overlapping claims, continuations, and foreign patents. Practitioners must navigate potential patent thickets to avoid infringement, especially in developing derivative compounds.

Legal and Commercial Relevance

The broad claims for specific heterocyclic compounds provided Eli Lilly with market exclusivity during the patent lifetime, incentivizing investment into clinical development. However, later filings or comparable compounds that differ sufficiently in structure may evade infringement, fostering a competitive environment.

Post-expiration, generic manufacturers gained freedom to manufacture and market similar compounds, impacting the original patent holder's market share.

Implications for Innovators and Competitors

  • Designing around broad compound claims requires creating molecules with structural differences that avoid infringement.
  • Developing new therapeutic uses or novel formulations not explicitly covered in the patent can open commercialization pathways.
  • Monitoring subsequent patents and legal disputes is critical to maintain freedom to operate.

Summary of the Patent Landscape Evolution

Over the past decade, the landscape has shifted, with newer patents focusing on multi-target agents and combination therapies for depression, often building on the foundational chemistry disclosed in 5,753,646.

Conclusion

U.S. Patent 5,753,646 offers a robust patent protection scope centered on specific heterocyclic compounds and their safe use in treating CNS disorders. Its claims shield core chemical entities and their therapeutic applications, shaping the patent landscape during its active years. As the patent expired, the compounds entered the public domain, paving the way for generic development and further innovation.


Key Takeaways

  • The patent protected specific heterocyclic chemical structures aimed at treating neuropsychiatric disorders.
  • Claims encompass compounds, uses, and manufacturing methods, providing extensive coverage within the specified chemical space.
  • The patent landscape is densely populated, with overlapping patents encouraging strategic navigation for new entrants.
  • Expiration of the patent opened market opportunities for generics, but ongoing innovation demands monitoring subsequent patents.
  • Innovators should focus on designing novel compounds or formulations that differentiate from the originally patented molecules for competitive advantage.

FAQs

1. What are the core chemical features protected by U.S. Patent 5,753,646?
The patent protects heterocyclic compounds with defined substituents specified in the chemical formula. These structures are optimized for activity in CNS disorders, particularly depression.

2. How does the patent impact development of new antidepressants?
The patent’s claims set a legal boundary for specific chemical classes, requiring competitors to design around or improve upon these molecules to avoid infringement and develop new therapies.

3. When did the patent expire, and what are the implications?
The patent expired in 2015, allowing generic manufacturers to produce similar compounds, which potentially reduced treatment costs and increased access.

4. Are related patents still active, and what should companies consider?
Yes, subsequent patents, particularly those filing improvements or new formulations, may still be active. Companies should conduct thorough patent landscape analyses before development.

5. Can the therapeutic methods described in the patent be patented anew?
Method-of-use patents can sometimes be renewed or filed anew if they involve novel indications or administration protocols not covered by the original patent.


References

[1] U.S. Patent 5,753,646. Eli Lilly and Company, May 19, 1998.
[2] Patent Family Records and International Patent Applications.
[3] Market and Patent Landscape Reports on CNS Pharmaceuticals (2010-2020).

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Drugs Protected by US Patent 5,753,646

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

Foreign Priority and PCT Information for Patent: 5,753,646

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Portugal101732Jun 30, 1995

International Family Members for US Patent 5,753,646

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0751129 ⤷  Get Started Free SPC027/2009 Ireland ⤷  Get Started Free
European Patent Office 0751129 ⤷  Get Started Free CA 2009 00023 Denmark ⤷  Get Started Free
European Patent Office 0751129 ⤷  Get Started Free C300406 Netherlands ⤷  Get Started Free
European Patent Office 0751129 ⤷  Get Started Free 09C0040 France ⤷  Get Started Free
European Patent Office 0751129 ⤷  Get Started Free SPC/GB09/047 United Kingdom ⤷  Get Started Free
European Patent Office 0751129 ⤷  Get Started Free 360 Finland ⤷  Get Started Free
Argentina 003962 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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