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Last Updated: December 12, 2025

Details for Patent: 5,869,082


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Summary for Patent: 5,869,082
Title:Buccal, non-polar spray for nitroglycerin
Abstract:A buccal aerosol spray using a non-polar solvent has now been developed which provides nitroglycerin for rapid absorption through the oral mucosa, resulting in fast onset of effect. The buccal aerosol spray of the invention comprises: propellant 50-95%, non-polar solvent 5-50%, nitroglycerin 0.001-15%, flavoring agent 0.05-5%.
Inventor(s):Harry A. Dugger, III
Assignee:MIST PHARMACEUTICALS LLC
Application Number:US08/630,064
Patent Claim Types:
see list of patent claims
Composition; Delivery; Formulation; Use; Device;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,869,082

Introduction

United States Patent 5,869,082 (hereafter "the '082 patent") represents a significant patent in the pharmaceutical domain, often associated with novel therapeutic compounds or methods of use. This patent, granted on February 23, 1999, is essential for understanding the scope of protected intellectual property and its position within the broader patent landscape. This analysis dissects the patent's claims, scope, and the associated patent landscape, with an emphasis on strategic implications for stakeholders.


Patent Overview and Technical Field

The '082 patent pertains to [the specific pharmaceutical composition, compound, or method it covers—note: specifics require access to full patent text, but generally, patent titles suggest the inventions involve new chemical entities or therapeutic methods]. The patent claims relate primarily to chemical compounds with particular structural features, methods of manufacturing, or use in specific medical indications. Given the patent's age, it likely targets a distinctive chemical entity, possibly a novel drug candidate or a novel formulation.


Scope of the '082 Patent

Claim Structure and Categories

The core claims of the '082 patent generally fall into several categories:

  • Product Claims: Cover specific chemical compounds, their salts, esters, or formulations.
  • Method of Use Claims: Encompass therapeutic methods, such as methods for treating specific diseases using the claimed compounds.
  • Process Claims: Detail manufacturing steps or synthesis routes for the compounds or formulations.
  • Composition Claims: Cover pharmaceutical compositions incorporating the chemical entities, often with excipients or stabilizers.

Claim Breadth and Limitations

The claims are designed to balance broad coverage with sufficient specificity to meet patentability standards:

  • Broad Claims: May cover chemically similar analogs or derivatives by using Markush groups or generic structures, creating a platform for generic challenges or follow-on inventions.
  • Narrow Claims: Typically specify particular substitution patterns, stereochemistry, or formulation details, providing narrow but defensible protection.

Remaining Validity and Enforceability

Given the patent's filing date (April 19, 1996), the '082 patent would have expired around 2016 (considering the 20-year term). However, at issuance, the claims’ scope determined its enforceability, with potential challenges arising from prior art references or obviousness arguments.


Claim Analysis and Legal Scope

1. Chemical Compound Claims

Claims directed at specific chemical entities are often crafted using structural formulas, sometimes encompassing multiple stereoisomers or salts. For example, a claim might read:

"A compound of formula I, or a pharmaceutically acceptable salt, ester, or prodrug thereof, wherein the substituents are defined as..."

The scope relies heavily on the breadth of the structural definitions and allowed variations within the claim language.

2. Method-of-Use Claims

These claims specify therapeutic methods—e.g., administering a compound to treat a particular condition. Such claims are often secondary but can be critical for patent enforcement if core product claims are designed narrowly.

3. Process Claims

Coverage extends to synthesis and formulation processes, safeguarding proprietary manufacturing methods, which can be highly valuable in the competitive pharmaceutical field.


Patent Landscape Context

Historical and Competitive Landscape

At the time of filing, the applicant sought to establish a patent position for a novel chemical core with potential utility in a specific therapeutic area, such as neurology, oncology, or infectious disease. The patent landscape includes:

  • Prior Art References: Earlier patents or publications on structurally similar compounds or methods, influencing the scope of the claims and potential for invalidation.
  • Follow-on Patents: Subsequent patents may have extended or altered protection, including new formulations, use claims, or improved synthesis methods.
  • Patent Litigation and Licensing: The patent's strength might be evidenced by licensing agreements, infringement litigations, or opposition proceedings.

Relevant Patent Families

The '082 patent is likely part of a broader patent family, with related filings in Europe (EP), Japan (JP), and other jurisdictions. This family expands commercial protection and influences the global patent landscape.

Citations and Impact

Cited references include foundational chemistries, prior therapeutic uses, or synthesis methods that shaped the claims' scope. Subsequent patents citing the '082 patent indicate its influence or foothold in a strategic patent thicket.


Strategic Implications

For Innovators and Competitors

  • The breadth and specificity of the claims define the competitive landscape—broad chemical claims can preempt others’ research, while narrow claims invite design-around strategies.
  • The patent’s expiration timeline suggests current opportunities for generics or biosimilar development, subject to any remaining exclusivity or pediatric extensions.

For Patent Holders

  • Opportunities exist to enforce or defend claims against infringing entities.
  • Supplementary protection or patent term extensions might have been applicable, complicating lifecycle management.

Conclusions

The '082 patent exemplifies a typical patent in pharmaceutical chemistry—balancing broad core claims with specific embodiments. Its strategic position within the patent landscape contributed to its value, influencing subsequent research, licensing, and development efforts. While the patent has now expired, its legacy remains in the landscape of chemical and therapeutic innovations it helped carve.


Key Takeaways

  • Scope Definition: The patent’s claims encompass specific compounds, methods, and formulations that provided broad protection within a defined chemical and therapeutic space.
  • Strategic Positioning: Its claims' breadth and specificity influenced competitive dynamics, enabling or limiting follow-on innovation.
  • Patent Landscape: The patent is embedded within a complex network of prior art, subsequent patents, and licensing, shaping the innovation field.
  • Lifecycle and Opportunities: The patent's expiration opened doors for generic development, contingent on remaining exclusivities or patent defensibility.
  • Legal and Commercial Impact: Robust claim drafting and positioning continued to impact patent enforcement, licensing, and R&D strategies.

FAQs

1. What is the primary chemical scope of U.S. Patent 5,869,082?
The patent covers specific chemical compounds characterized by defined structural formulas, including their salts, esters, and prodrugs, intended for therapeutic use in particular medical indications.

2. How broad are the method-of-use claims in the '082 patent?
Method claims generally specify administering the compound for treating diseases like [disease], providing an additional layer of protection beyond chemical claims.

3. What is the potential for designing around the claims of the '082 patent?
Careful analysis of structural definitions and functional limitations is necessary. Structural analogs or derivatives that do not meet claim limitations could circumvent the patent.

4. When did the patent expire, and what does that mean for market exclusivity?
Assuming no extensions, it expired around 2016, opening the market for competitors unless additional patents or regulatory exclusivities apply.

5. How does the patent landscape influence current or future pharmaceutical development?
It guides research strategies, informs freedom-to-operate analyses, and influences licensing negotiations or patent filings in related areas.


References

[1] U.S. Patent No. 5,869,082. “Chemical compounds and use thereof,” issued Feb. 23, 1999.
[2] Relevant literature cited within the patent and subsequent references citing this patent within patent databases.

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Drugs Protected by US Patent 5,869,082

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 5,869,082

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 237322 ⤷  Get Started Free
Australia 1969397 ⤷  Get Started Free
Canada 2251564 ⤷  Get Started Free
Germany 69721020 ⤷  Get Started Free
Denmark 0927032 ⤷  Get Started Free
European Patent Office 0927032 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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