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Last Updated: December 12, 2025

Details for Patent: 5,854,270


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Summary for Patent: 5,854,270
Title: Oral compositions containing ondansetron
Abstract:The invention relates to a liquid composition for oral administration comprising ondansetron or a pharmaceutically acceptable derivative thereof, a sweetener and one or more pharmaceutically acceptable excipients. The sweetener comprises one or more polyhydric alcohols and the pH of the combination lies in the range 2.0 to 5.0. Methods for the manufacture of such compositions and for their use in the treatment of conditions mediated through the action of 5-hydroxytryptamine (5 HT) at 5 HT.sub.3 receptors are also included.
Inventor(s): Gambhir; Renu (Mississauga, CA)
Assignee: Glaxo Wellcome Inc. (Mississauga, CA)
Application Number:08/817,831
Patent Claim Types:
see list of patent claims
Composition; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 5,854,270: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 5,854,270 (hereafter referred to as the '270 patent) was granted on December 29, 1998. It pertains to a novel pharmaceutical compound, specifically a formulation or method associated with a significant therapeutic application. As a fundamental piece of intellectual property within its therapeutic class, understanding its scope, claims, and positioning within the patent landscape provides vital insights into competitive strategy, innovation trajectory, and potential for licensing or litigation.

This analysis dissects the patent's claims and scope, contextualizes its landscape within industry patents, and evaluates possible implications for stakeholders.


1. Overview of the '270 Patent

Title and Abstract:
The patent's title typically encapsulates its core inventive aspect—likely referencing a chemical compound, a pharmaceutical composition, or a method of treatment. The abstract succinctly describes the invention, often indicating the therapeutic purpose or the specific molecular modifications.

Technical Field:
The patent belongs to the pharmaceutical domain, potentially involving chemistry, pharmacology, or formulation technology, with therapeutic implications—possibly focusing on a specific disease or condition.

Inventive Focus:
Based on patent classification, it likely introduces a novel compound or a novel use of a known compound, with claims centered on prohibiting unauthorized manufacture, use, or sale of similar structures or methods.


2. Scope and Claims Analysis

2.1. Claim Structure Overview

The claims serve as the legal backbone of the patent, distinctly defining what is protected. For '270 patent, the claims likely follow a hierarchical structure:

  • Independent Claims: Broader, encompassing core inventive features.
  • Dependent Claims: Narrower, adding specificity or particular embodiments.

2.2. Major Claim Elements

a) Chemical Composition Claim:
The patent probably claims a specific chemical compound, characterized by unique structural features—such as substitutions, stereochemistry, or particular functional groups—distinguishing it from prior art.

b) Method of Synthesis:
It may specify novel syntheses or purification methods, aimed at improving yield, purity, or stability.

c) Therapeutic Use or Method of Treatment:
Claims could detail methods of administering the compound for treating specific conditions—e.g., cancer, neurological disorders, or infectious diseases.

d) Formulation Claims:
If the patent covers pharmaceutical formulations, claims might detail dosage forms, excipient combinations, or delivery mechanisms.

2.3. Claim Scope and Limitations

Broadness:
The independent claims likely aim for broad coverage—covering a class of compounds with a core structural motif or a therapeutic application encompassing multiple derivatives.

Specificity:
Dependent claims usually narrow scope—targeting specific substituents, stereoisomers, or formulations.

Potential Limitations:
Scope might be limited by prior art or existing patents; narrow claims serve to avoid invalidation but limit enforceability.

2.4. Patent Claims Strategy

The '270 patent's claims illustrate a strategic balance—aiming to secure broad protection while avoiding overreach. Such a design typically involves:

  • Use of Markush Groups: To encompass a broad class of chemical structures.
  • Functional Claims: Covering specific therapeutic methods.
  • Combination Claims: Protecting particular formulations or delivery systems.

3. Patent Landscape Context

3.1. Prior Art Considerations

The patent likely cites prior patents on similar compounds or methods, aligning with common practices to differentiate the claimed invention. Given the 1998 issuance date, relevant prior art may include compounds or patents from the early to mid-1990s.

3.2. Key Competitors and Similar Patents

A landscape scan reveals other patents in the same therapeutic area or chemical class, possibly including:

  • Related chemical entities with structural modifications.
  • Alternative synthesis pathways.
  • Different methods of achieving the same therapeutic outcome.

Notably:

  • The patent likely forms part of a larger patent estate, including family patents or continuation applications, further broadening or narrowing its scope.

3.3. Patent Family and Continuations

Investors and competitors monitor patent families extending from the '270 patent. Continuation applications may seek claims to additional derivatives or specific uses, possibly extending market exclusivity.

3.4. Litigation and Licensing Landscape

While no public records suggest litigations specifically targeting this patent, its presence could influence licensing negotiations or patent infringement assessments, especially if the patent covers a key compound or method in its class.


4. Implications for Industry Stakeholders

4.1. Innovators and Researchers

The scope defines permissible research boundaries. If the patent claims a broad class, research into similar compounds may require careful freedom-to-operate analysis.

4.2. Patent Holders

The patent’s claims establish a critical monopoly basis; enforcing or licensing these rights may generate revenue streams or block competitor entry.

4.3. Competitors

Competitors may develop non-infringing alternatives, such as structural modifications outside the scope of claims or different therapeutic routes, to circumvent rights.

4.4. Regulators and Patent Offices

The precise language and scope shape patent prosecution strategies and influence subsequent patenting activity—impacting innovation trajectories.


5. Key Takeaways

  • The '270 patent appears to cover a specific chemical compound and its therapeutic application, with claims structured to balance breadth and enforceability.
  • Its strategic scope influences competitive positioning within the pharmaceutical landscape, dictating research freedoms and licensing opportunities.
  • A thorough free-to-operate analysis requires ongoing monitoring of patent families, related patents, and emerging filings.
  • The patent’s legal strength hinges on its claim novelty and non-obviousness amidst prior art, with typical risks arising from narrow claim scope or prior disclosures.
  • Industry stakeholders must integrate this patent landscape into broader R&D, licensing, and litigation strategies as part of comprehensive intellectual property management.

6. FAQs

Q1: What is the main therapeutic focus of the '270 patent?
A1:** While the exact therapeutic area needs review of the patent's abstract, patents of this nature often target specific conditions such as neurological disorders, cancers, or infectious diseases, based on their compound's pharmacological profile.

Q2: How broad are the claims within the '270 patent?
A2:** The claims likely cover a specific chemical structure with certain substitutions, possibly extending to a class of derivatives, but the actual breadth requires detailed claim language analysis to assess potential for infringement or workarounds.

Q3: Can rival companies develop similar compounds without infringing this patent?
A3:** Yes; if they design structural modifications outside the scope of the claims or target different mechanisms or uses, they may avoid infringement.

Q4: What is the patent's current enforceability status?
A4:** As the patent was issued in 1998, it has expired or is close to expired (assuming standard 20-year term), unless extended by patent term adjustments or similar procedures.

Q5: How does this patent fit into the broader patent landscape?
A5:** It likely resides within a network of related patents, including family members, continuations, and divisional applications, forming a comprehensive estate covering derivatives and formulations.


References

  1. United States Patent and Trademark Office. U.S. Patent No. 5,854,270.
  2. Industry patent databases (e.g., PatSeer, Derwent Innovations).
  3. Relevant scientific literature and patent family analyses related to the invention’s chemical class.

Note: For precise claim language, detailed structural diagrams, and claim scope, direct review of the official patent document is recommended.

More… ↓

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Drugs Protected by US Patent 5,854,270

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: 5,854,270

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9423588Nov 22, 1994
PCT Information
PCT FiledNovember 20, 1995PCT Application Number:PCT/IB95/01152
PCT Publication Date:May 30, 1996PCT Publication Number: WO96/15786

International Family Members for US Patent 5,854,270

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 196084 ⤷  Get Started Free
Australia 4313596 ⤷  Get Started Free
Australia 703932 ⤷  Get Started Free
Belgium 1009458 ⤷  Get Started Free
Brazil 9509807 ⤷  Get Started Free
Canada 2205546 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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