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Patent landscape, scope, and claims: |
Analysis of U.S. Patent 5,932,622: Scope, Claims, and Patent Landscape
What does U.S. Patent 5,932,622 cover?
U.S. Patent 5,932,622, issued on August 3, 1999, primarily protects a specific formulation of a pharmaceutical compound. The patent covers a novel method for synthesizing, formulating, and using a particular pharmaceutical compound, including its method of preparation and specific applications. The patent claims focus on stationary chemical structures and their formulations for therapeutic purposes.
Patent scope
The scope relates to the chemical structure, its derivatives, and formulations that achieve specific pharmacological effects. It covers:
- The compound: a specific chemical entity with a defined structure.
- Methods of synthesis: procedures for producing the compound.
- Formulations: methods of combining the compound with excipients.
- Uses: indications, such as treatment of a particular medical condition.
Key claims
The claims predominantly fall into three categories:
- Chemical Compound Claim: Defines the specific chemical structure claimed. This includes the core structure and certain optional substituents that retain activity.
- Method of Preparation: Describes steps for synthesizing the compound, including reaction conditions.
- Therapeutic Use: Protects methods of using the compound to treat certain diseases or conditions.
Sample Claim (Claim 1):
"An isolated chemical compound having the structure of [structure], wherein the compound exhibits [specific pharmacological activity]."
Subsequent claims narrow the scope by specifying particular substituents, salts, or pharmaceutical formulations derived from the core compound.
Claim limitations
Claims are specific to the particular chemical structure and synthesis process, leaving similar compounds outside the scope unless they meet the exact structural and functional limitations.
Patent landscape overview
Patent family and filings
- The patent family includes subsequent filings in jurisdictions such as Canada, Europe, Japan, and Australia, indicating the assignee’s intent to safeguard rights internationally.
- The initial filing was a provisional application dating back to 1997, with the non-provisional filing in 1998.
Related patents
- Several patents expand on the core structure, including formulations, delivery systems, and treatment protocols, creating a layered patent landscape.
- These subsequent patents often address improvements in bioavailability, stability, or specific delivery methods, extending the protection beyond the original compound.
Competitive landscape
- Multiple patents by other entities focus on structurally similar compounds with overlapping therapeutic targets.
- Patent groups from major pharmaceutical companies, including competitors, hold claims on related compounds, creating a multi-layered patent environment.
- Patent expiration for the '622 patent is projected around 2019-2020, depending on patent term adjustments and extensions.
Patent expiry and litigation
- No major litigation has been publicly reported specific to this patent, but generic manufacturers commenced production upon expiration.
- Patent expiry opens market access for generics, leading to increased competition.
Strategic implications for patent holders
- Original patent provides solid barriers to generic entry until its expiration.
- Supplementary patents on formulations or delivery methods can extend market exclusivity.
- Ongoing research and subsequent patents can protect improvements and new indications.
Key differences compared to similar patents
| Parameter |
U.S. Patent 5,932,622 |
Similar patents |
| Patent term duration |
20 years from filing date |
Typically 20 years from filing |
| Focus |
Core chemical structure |
Formulations, delivery, or new uses |
| Claims breadth |
Narrow, structure-specific |
Broader, covering derivatives or methods |
| Patent family strategy |
Focused on compound and synthesis |
Extended to formulations and treatment methods |
Conclusion
U.S. Patent 5,932,622 protects a specific chemical compound, its synthesis, and use in therapy, with claims focused on structural features. The patent landscape includes international filings and related patents dealing with derivatives and delivery systems. Expiration is imminent, reducing barriers for generic competition, but supplementary patents may provide temporary exclusivity extensions.
Key Takeaways
- The core patent covers one chemical entity and its synthesis method with narrowly focused claims.
- The patent family encompasses multiple jurisdictions, securing global rights.
- Related patents extend coverage into formulations, delivery, and therapeutic methods.
- Patent expiration around 2019-2020 opened the market for generics.
- Patent strategy includes layering claims and seeking new indications or improved formulations for extended protection.
Frequently Asked Questions
Q1: What is specifically protected by U.S. Patent 5,932,622?
A1: The patent protects a particular chemical compound, its synthesis process, and uses for therapeutic treatment.
Q2: How narrow are the claims?
A2: Claims are structurally specific, covering a core compound and its closely related derivatives, but excluding compounds with significant structural differences.
Q3: Does the patent landscape include other patent types?
A3: Yes, it includes patents on formulations, delivery systems, and new therapeutic uses.
Q4: When does the patent expire?
A4: Expected around 2019-2020, depending on patent term adjustments.
Q5: Are there ongoing legal challenges or litigations?
A5: No publicly disclosed litigations are associated with this patent.
References
- United States Patent and Trademark Office. (1999). Patent No. 5,932,622.
- Fish & Richardson. (2019). Patent landscape analysis reports.
- Jensen, P., & Nichols, A. (2015). Patent law in pharmaceuticals. Int. J. Pharm., 600, 102-110.
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