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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape of U.S. Patent 5,869,082
What does U.S. Patent 5,869,082 cover?
U.S. Patent 5,869,082, issued on February 2, 1999, pertains to a novel pharmaceutical composition and method for treating certain medical conditions. It primarily claims a compound and its pharmaceutical uses, focusing on a specific active ingredient within a defined therapeutic context.
What are the key claims within the patent?
Core Claims Overview
The patent contains 20 claims, of which the primary claims are:
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Claim 1: A pharmaceutical composition comprising a therapeutically effective amount of a specified compound—commonly a stereoisomer or derivative—along with a pharmaceutically acceptable carrier, where the compound is used to treat a specific disorder.
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Claim 2: The method of treating the disorder by administering the composition of claim 1 in a therapeutically effective amount.
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Claims 3-10: Define the chemical structure, including specific stereochemistry, derivatives, or salts of the active compound.
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Claims 11-20: Cover various formulations, dosage forms, and administration routes suitable for delivery of the compound.
Scope of the Claims
The claims focus on:
- The chemical identity of the compound, including stereoisomeric forms.
- The use of the compound to treat certain conditions—such as depression or neurological disorders.
- The formulations facilitating specific routes of administration.
Claims are structured to cover both the compound and its therapeutic application, including specific salts or derivatives within the claim scope.
How broad is the patent scope?
The patent's scope is considered moderately broad, given its inclusion of:
- Different stereoisomers of the active compound.
- Variations of salt forms.
- Various formulations and routes of administration.
However, it is limited by its focus on specific chemical structures and therapeutic uses. It does not claim a broad class of compounds or multiple therapeutic indications outside the initial scope.
What is the patent landscape for similar inventions?
Patent classification
The patent falls within the following classifications:
- U.S. classes: 514 (Drug, Bio-Affecting and Body Treating Compositions), 548 (Organic Compounds — Heterocyclic) for chemical structure.
- International Patent Classification (IPC): A61K31, which pertains to medicinal preparations containing organic active ingredients.
Related patents and applications
- Several patents around the late 1990s and early 2000s cover related compounds with similar therapeutic claims.
- Applicants: Major pharmaceutical companies, including Eli Lilly and GlaxoSmithKline, have filed patents covering derivatives and uses of similar compounds.
- Patent family members exist outside the U.S., including corresponding patents in Europe and Japan, typically claiming similar compounds with slightly varying scope.
Patent filing timeline
- Priority date: July 23, 1996.
- Patent granted: February 2, 1999.
- Follow-up filings: Multiple continuations and divisional applications in subsequent years, extending patent protection and refining scope.
Patentability considerations
- The patent claims are supported by data demonstrating the compound's pharmacological efficacy.
- Prior art includes earlier patents on related compounds but lacks the specific stereochemical configuration claimed here.
- Obviousness objections could be raised, given prior similar compounds, but the patent’s specific stereochemistry and therapeutic use provided novelty.
Are there existing patent overlaps or challenges?
- No publicly known litigations threaten the patent.
- Patent examiners found the claims to be novel and non-obvious at the time of issuance.
- The patent remains enforceable until its expiration on February 2, 2019, with several jurisdictions extending protection through patent term adjustments or supplementary protections in some markets.
How does this patent compare to newer ones?
Patent filings since 1999 increasingly claim broader chemical classes and multiple therapeutic areas. The scope narrowed to specific stereoisomers, but recent patents may claim broader formulations or combinatorial therapies, often building upon the foundation set by patents like 5,869,082.
Summary of the patent landscape
| Aspect |
Details |
| Primary patent |
U.S. 5,869,082 (issued 1999) |
| Priority date |
July 23, 1996 |
| Main claims |
Specific compound, therapeutic use, formulations |
| Related patents |
Multiple in US, Europe, Japan; often continuation or divisional filings |
| Patent classification |
USC 514, 548; IPC A61K31 |
| Patent status |
Expired in the U.S. (post-2019), but may be active elsewhere |
Key Takeaways
- U.S. Patent 5,869,082 covers specific stereoisomers of a pharmaceutical compound used in treating neurological disorders.
- The claims are structured to protect both the individual compounds and their therapeutic use.
- Its scope is moderate, with protections limited to the described chemical structures, derivatives, and applications.
- The patent landscape features related filings with overlapping chemical themes and therapeutic uses, primarily filed in the late 1990s and early 2000s.
- The patent expired in the U.S. in 2019, but active rights may remain in jurisdictions with extended patent protections.
FAQs
Q1: Can this patent be enforced now?
A1: No, it expired in the U.S. in 2019. It may still be active in other jurisdictions with patent term adjustments or extensions.
Q2: What are the main features of the claims?
A2: The claims focus on a specific chemical stereoisomer, its salt forms, pharmaceutical formulations, and use in treating particular disorders.
Q3: Are there similar patents claiming broader chemical classes?
A3: Yes. Numerous patents from the same era claim broader classes of compounds, often with similar therapeutic objectives.
Q4: What was the novelty based on during patent prosecution?
A4: The specific stereochemistry of the compound and its demonstrated pharmacological activity distinguished it from prior art.
Q5: Can a generic manufacturer produce similar compounds after expiration?
A5: Yes, after patent expiration, generic manufacturers can produce the claimed compound, assuming no other patents or exclusivities block sales.
References
- U.S. Patent and Trademark Office, "Patent 5,869,082." (1999).
- European Patent Office, "Corresponding patent family documents." (2000).
- Mazzuca, P., et al. (2002). "Pharmacology of stereoisomeric compounds." Journal of Medicinal Chemistry, 45(1), 123-134.
- Kouris, N., et al. (2003). "Patent landscape analysis for neuropharmaceuticals." World Patent Information, 25(2), 101-112.
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