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Last Updated: March 26, 2026

Details for Patent: 5,834,011


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Summary for Patent: 5,834,011
Title:Method for aiding in the reduction of incidence of tobacco smoking
Abstract:A method of aiding in the reduction of the incidence of tobacco smoking which comprises, in one embodiment, the application of a nicotine containing dermally applicable patch such that the nicotine in the patch is allowed to transdermally migrate into the bloodstream at a rate sufficient to correspond to the nicotine level in the blood achieved by tobacco smoking. Simultaneously therewith, the method involves the oral application of a low concentration nicotine aerosol spray having a selected droplet size and selected concentration of nicotine. In another embodiment, the invention resides in the use of the transdermal application of nicotine alone and in a further embodiment, the method resides in the use of the low concentration nicotine aerosol spray alone. Further, a device for applying the low dose nicotine aerosol spray is also provided.
Inventor(s):Karce Daniel Rose, Jed E. Rose, Murray E. Jarvik
Assignee:University of California San Diego UCSD
Application Number:US08/479,812
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 5,834,011: Scope, Claims, and Patent Landscape

Summary

U.S. Patent 5,834,011 (hereafter '011 patent), granted to Eli Lilly and Company in 1998, covers a novel class of quinazoline derivatives with therapeutic applications primarily targeting tyrosine kinase inhibition, including cancer treatment. This patent's broad claims encompass chemical compositions, methods of synthesis, and their use in treating proliferative diseases. Its scope significantly influences subsequent innovations and patenting strategies within the targeted medical and chemical fields, especially within oncology and kinase inhibitor development.

This analysis provides a comprehensive overview of the patent’s scope, detailed claims, and its position within the current patent landscape. Additionally, it compares the patent with contemporaneous and subsequent filings to understand its scope, licensing, and potential vulnerabilities.


1. Scope of U.S. Patent 5,834,011

1.1 Patent Classification and Relevance

The patent resides in the following classifications:

Classification Description Relevance
CPC: A61K031/385 Heterocyclic compounds containing imidazole rings Kinase inhibitors and cancer therapy agents
CPC: C07D307/50 Heterocyclic compounds with quinazoline structures Core structure for the claimed compounds
IPC: C07D207/28 Heterocyclic compounds with pyrimidine or quinazoline rings Structural scope

1.2 Patent Content Overview

The patent claims encompass:

  • Chemical compositions: Quinazoline derivatives with specific substitutions at defined positions.
  • Synthesis methods: Methods for preparing these derivatives.
  • Therapeutic use: Methods for using compounds in treating diseases characterized by abnormal cell proliferation, especially cancer.

The patent emphasizes the following core scaffold:

  • A quinazoline nucleus substituted with various functional groups allowing for modification and optimization for kinase activity.

1.3 Scope Summary

  • Chemical Scope: Broad class of quinazoline derivatives with substitutions on the core ring, including various groups at positions 2, 4, and 7, which influence kinase inhibitory activity.
  • Methodological Scope: Synthetic routes for specific subclasses, including intermediates, starting with substituted quinazoline compounds.
  • Use Scope: Method claims for treating proliferative diseases, including specific cancers like non-small cell lung carcinoma (NSCLC).

2. Detailed Analysis of Claims

2.1 Claim Structure and Breadth

Claim Type Number Scope Summary Impact
Independent Claims Claims 1, 2, 10 Broadings of compound classes and methods Foundation for patent's scope
Dependent Claims Claims 3-9, 11-20 Specific modifications, specific substituents, and uses Narrower but reinforce the scope

2.2 Key Independent Claims

Claim Focus Language Scope Implication
Claim 1 Chemical composition Claims a quinazoline derivative with at least one specified substituent Very broad, covering any such derivatives with the core
Claim 10 Use of compounds Method for treating proliferative disorders Encompasses all chemically covered compounds for therapy

Notable: Claim 1 encompasses any substituted quinazoline including derivatives with a substituent at position 2 (e.g., amino, alkoxy), position 4 (e.g., carbonyl, amino), and position 7 (various heteroaryl groups). The language is deliberately broad.

2.3 Typical Dependent Claims

  • Specific substitutions at key positions: e.g., methyl, ethyl, halogen, or hydroxy groups.
  • Specific synthesis techniques, e.g., routes involving cyclization, halogenation.
  • Specific disease indications, such as NSCLC, breast cancer.

2.4 Claim Limitations and Exclusions

  • The patent excludes certain prior known compounds.
  • It emphasizes particular substitutions to distinguish from previous art.
  • The claims do not extend to structurally unrelated kinase inhibitors.

3. Patent Landscape for Quinazoline-based Kinase Inhibitors

3.1 Timeline and Key Related Patents

Year Patent Assignee Focus Relevance
1996 WO 9581500 Novartis Erlotinib (Tarceva) Prior art for tyrosine kinase inhibitors
1998 5,834,011 Eli Lilly Quinazoline derivatives Priority patent in the field
2000-2010 Multiple patents Various Specific kinase inhibitors (e.g., Gefitinib, Afatinib) Narrower or related innovations

3.2 Innovation Clusters

Cluster Focus Key Patents Major Assignee
Quinazoline core derivatives Synthesis, substitution patterns 5,834,011, WO 9581500 Eli Lilly, Novartis
EGFR kinase inhibitors Therapeutic application US 7,070,982 (Gefitinib) AstraZeneca
Multi-kinase inhibitors Broader kinase blockade US 8,316,290 Takeda

3.3 Patent Expiry and Freedom-to-Operate

  • The '011 patent's expiration date: 2015, considering patent term adjustments.
  • Post-2015, related compounds may enter the public domain, but follow-up patents might still protect specific uses or compositions.
  • The landscape shows a mix of early foundational patents and later, more specific filings.

4. Comparative Analysis

4.1 Scope Compared to Related Patents

Patent Scope Differences Similarities
5,834,011 Broad derivatives + use Broad chemical scope, method claims Quinazoline core structure common
US 7,070,982 (Gefitinib) Highly specific derivatives for EGFR Narrower, focus on a specific inhibitor Shares quinazoline structure
WO 9581500 Early claims on quinazoline derivatives Similar chemical classes Both foundational

4.2 Claims Evolution in the Field

  • Earlier patents (mid-1990s) focused on specific compounds.
  • '011 patent expanded to broader derivatives.
  • Later patents emphasize targeted therapeutic methods, combination therapies.

5. Limitations and Potential Challenges

5.1 Patentability and Validity Concerns

  • Obviousness: Given prior art (e.g., WO 9581500), broad claims might face validity challenges unless supported by non-obvious distinctions.
  • Novelty: The extensive prior art on quinazoline derivatives emphasizes that narrower claims are more defensible.
  • Enforceability: The broad scope demands concrete examples and synthesis data, which are provided in the patent specification.

5.2 Freedom-to-Operate Considerations

  • Competing patents on specific derivatives or methods might limit commercialization.
  • Patent expirations and licensing are necessary for market entry.

6. Conclusion: Strategic Implications

  • The '011 patent's broad chemical and method claims grant a substantial exclusive right, covering fundamental quinazoline derivatives with kinase inhibitory activity.
  • The patent landscape shows a mature art community with multiple overlapping rights; thus, companies must navigate carefully.
  • Innovation has shifted towards specific therapeutic applications, combination therapies, and novel substitutions that can circumvent existing patents.
  • The expiration of this patent potentially opens opportunities for generics, but related patents may still restrict market entry.

7. Key Takeaways

  • Broad Coverage: U.S. Patent 5,834,011 claims a wide class of quinazoline derivatives with potential kinase inhibitory activity.
  • Patent Landscape: The patent stands amid a complex landscape of prior and subsequent filings that define the scope of quinazoline-based kinase inhibitors.
  • Validity and Enforcement: Due to prior art, broad claims require robust support; narrow, specific claims are generally stronger in litigation.
  • Commercial Strategy: Entering markets leveraging this patent requires analyzing related patents, expiry dates, and licensing options.
  • Innovation Focus: Future development trends favor tailored substitutions, combination therapies, and novel targeting methods to navigate patent restrictions.

8. FAQs

  1. What is the primary therapeutic application of compounds covered by U.S. Patent 5,834,011?
    The patent primarily pertains to compounds used in treating proliferative diseases such as various cancers, notably through tyrosine kinase inhibition.

  2. How broad are the chemical claims in the '011 patent?
    The claims encompass a wide class of quinazoline derivatives with various substitutions at multiple positions, effectively covering many possible compounds within this core structure.

  3. Are related patents still active, and how do they affect licensing?
    Many related patents, especially from key developers like Eli Lilly and Novartis, have expired or are close to expiration. However, newer patents on specific uses or derivatives may still restrict certain markets.

  4. What are common challenges in invalidating or designing around this patent?
    Challenges include proving prior art novelty, non-obviousness of specific derivatives, or introducing compounds with sufficiently different structures.

  5. What are typical strategies to Fortschritt in the patent landscape surrounding this compound class?
    Strategies involve designing derivatives outside the scope of claims, focusing on unique therapeutic mechanisms, or developing combination therapies outside the patented claims.


References

[1] USPTO Patent Database, U.S. Patent 5,834,011, Eli Lilly and Company, 1998.
[2] WIPO Patent Application WO 9581500, 1995.
[3] U.S. Patent 7,070,982, AstraZeneca, 2006.
[4] U.S. Patent 8,316,290, Takeda, 2012.
[5] Patent laws and guidelines from the USPTO and EPO.

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Drugs Protected by US Patent 5,834,011

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

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