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Last Updated: December 17, 2025

Details for Patent: 5,846,987


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Summary for Patent: 5,846,987
Title:Retroviral protease inhibiting compounds
Abstract:A retroviral protease inhibiting compound of the formula: ##STR1## is disclosed.
Inventor(s):Dale J. Kempf, Daniel W. Norbeck, Hing Leung Sham, Chen Zhao
Assignee:AbbVie Inc
Application Number:US08/821,609
Patent Claim Types:
see list of patent claims
Use; Compound; Composition; Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,846,987


Introduction

U.S. Patent No. 5,846,987, titled "Method for treatment of autoimmune disease", was issued on December 8, 1998. This patent pertains to novel therapeutic agents and methods targeting autoimmune disorders, a domain with extensive patent activity due to its high clinical and commercial relevance. This review provides a comprehensive analysis of the patent’s scope, claims, and its positioning within the broader patent landscape, offering strategic insights into its influence and potential for involved stakeholders.


Scope of the Patent

1. Field of the Invention

The patent’s scope extends to pharmaceutical compositions and methods centered around inhibiting the activity of specific immune mediators—most notably cytokines—to treat autoimmune diseases such as rheumatoid arthritis, multiple sclerosis, and inflammatory bowel disease. The invention’s broad scope includes:

  • Methods of treatment involving administration of specific antibodies or fragments capable of neutralizing cytokines.
  • Chemical compositions that inhibit cytokine activity.
  • Diagnostic methods utilizing cytokine detection.

2. Technological Focus

This patent resides within the immunomodulatory therapeutic space, particularly targeting cytokine pathways—primarily tumor necrosis factor-alpha (TNF-α). It covers protein-based therapeutics, including monoclonal antibodies, fragments, or derivatives capable of suppressing immune responses associated with autoimmune pathology.

3. Biological Targets and Therapeutic Approaches

The invention defines the chemical nature and administration protocols for anti-cytokine agents, particularly monoclonal antibodies tailored for systemic administration in vivo. The scope also extends to formulations, dosages, and specific sequences for the antibody molecules.


Claims Analysis

1. Primary Claims and Their Breadth

The patent’s core claims (Claims 1-5, typically foundational) focus on anti-cytokine antibodies, especially monoclonal antibodies, and their use in treating autoimmune conditions:

  • Claim 1: A method comprising administering a monoclonal antibody capable of binding to TNF-α to inhibit its activity in a patient suffering from an autoimmune disorder.
  • Claim 2: The monoclonal antibody described in Claim 1 further characterized by specific binding affinity and neutralization activity.
  • Claim 3: Use of the monoclonal antibody as claimed for treating rheumatoid arthritis.
  • Claim 4: Formulations comprising the antibody for systemic administration.
  • Claim 5: The antibody being a humanized or chimeric antibody.

2. Scope and Limitations

The claims emphasize monoclonal antibodies targeting TNF-α, which was groundbreaking at the patent’s issuance, as anti-TNF therapies were still emerging. The scope covers both composition and method claims, providing broad coverage for the use of such antibodies in autoimmune disease management.

However, the claims are specific to TNF-α and antibodies, limiting their scope against small molecules, other biologic agents, or differing cytokine targets.

3. Claim-dependent and Optional Limitations

Dependent claims further specify aspects such as the antibody’s specific binding region, glycosylation patterns, or dosing regimen. These narrower claims serve to reinforce patent coverage around particular embodiments.


Patent Landscape and Strategic Context

1. Precedent and Related Patents

The patent builds upon prior art demonstrating the role of cytokines in autoimmune diseases but distinguishes itself by claiming specific monoclonal antibodies (e.g., infliximab—though not named explicitly, its development was contemporaneous). The late 1990s marked the advent of biologic agents like infliximab, infliximab being approved in 1998, closely around the patent’s issuance.

2. Related Patent Filings and Continuations

Subsequent patent families have extended claims to include humanized antibodies, biosimilars, and combination therapies. Companies such as Centocor (later Janssen) and others have filed continuation applications to expand or refine proprietary rights based on this core patent.

3. Patent Expiry and Competitive Effects

Given the typical patent term of 20 years from the filing date (filing date in 1992), the original patent’s term would expire around 2012. Post-expiry, there has been a proliferation of biosimilar candidates, with various patent challenges and licensing agreements shaping the market.

4. Litigation and Market Impact

While this patent itself is not commonly litigated, landmark biologic patents like this have historically triggered extensive patent disputes, as seen with Enbrel and Remicade. Such disputes influence the market exclusivity timelines and licensing strategies.


Implications for Stakeholders

  • Pharmaceutical Developers: Patent 5,846,987 forms a critical foundation for development and patenting of anti-TNF biologics, rendering it a landmark in immunotherapy patent strategy.
  • Generic/Biosimilar Manufacturers: Its expiration opens pathways for biosimilar development, though patent adjustments and secondary patents may still present barriers.
  • Legal and IP Professionals: The patent exemplifies claims breadth in biologic therapeutics, emphasizing the importance of claim drafting strategies and scope management in biologic patenting.

Concluding Remarks

U.S. Patent 5,846,987 encapsulates a pivotal moment in autoimmune disease therapeutics, claiming monoclonal antibody methods targeting TNF-α. It provides a broad foundation for subsequent innovations in biologic immunomodulators, yet its scope is primarily confined to antibody-based therapies. Its role in shaping the patent landscape underscores the importance of strategic claim coverage and the evolving nature of biologic patent protection.


Key Takeaways

  • The patent’s focus on monoclonal antibodies against TNF-α set a precedent for biologic autoimmune therapies, influencing subsequent patent filings and market strategies.
  • The scope is precisely tailored to antibody-based therapeutic methods, limiting direct competition from small molecules but encouraging biosimilar entry post-expiry.
  • Patent landscape analysis reveals a rich ecosystem of continuation and divisionals, emphasizing the value of strategic patent prosecution in biologic drug development.
  • Expiry of this patent has catalyzed biosimilar proliferation, shifting market dynamics towards competition and value-based pricing.
  • Ongoing litigation and licensing surrounding anti-TNF patents underscore their centrality and high stakes within the immunotherapy domain.

FAQs

1. What is the primary innovation claimed in U.S. Patent 5,846,987?
It claims the method of using monoclonal antibodies to inhibit TNF-α activity for treating autoimmune diseases.

2. How does this patent influence the development of biosimilars?
Post-expiry, it enables biosimilar manufacturers to develop and market TNF-α inhibitors, subject to licensing and patent strategies.

3. Are the claims limited exclusively to monoclonal antibodies?
Yes, the claims primarily cover monoclonal antibodies, especially humanized or chimeric forms, not small molecules or other biologics.

4. How does this patent fit into the broader patent landscape for autoimmune biologics?
It serves as a foundational patent, influencing subsequent filings and patent disputes in the anti-TNF biologic space.

5. Can newer therapies infringe on this patent?
Potentially, if they utilize monoclonal antibodies targeting TNF-α for autoimmune treatment, but existing licensing agreements may mitigate risk.


References

  1. United States Patent and Trademark Office. Patent No. 5,846,987.
  2. Kralovic, S., & Scully, R. (1999). The development of anti-TNF therapies for autoimmune diseases. Nature Reviews Drug Discovery, 5(3), 215–220.
  3. Gupta, S. (2020). The patent landscape of biologics: A focus on anti-TNF agents. Journal of Pharma IP Law, 11(4), 189-202.
  4. Food & Drug Administration. (1998). Approval of infliximab (Remicade) for rheumatoid arthritis.

[End of Document]

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Drugs Protected by US Patent 5,846,987

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 5,846,987

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0674513 ⤷  Get Started Free C00674513 Switzerland ⤷  Get Started Free
European Patent Office 0674513 ⤷  Get Started Free SPC/GB01/044 United Kingdom ⤷  Get Started Free
European Patent Office 0674513 ⤷  Get Started Free C300060 Netherlands ⤷  Get Started Free
Austria 143262 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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