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Last Updated: December 15, 2025

Details for Patent: 5,952,340


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Summary for Patent: 5,952,340
Title:Use of granisetron for the treatment of postoperative nausea and vomiting
Abstract:The present invention is directed to a method for the treatment of post-operative nausea and vomiting wherein granisetron is administered to a patient in need thereof.
Inventor(s):Gareth John Sanger, Philip Timothy Davey, Christopher Stuart Dott
Assignee:Hoffmann La Roche Inc
Application Number:US08/525,521
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 5,952,340


Introduction

U.S. Patent No. 5,952,340, issued on September 14, 1999, stands as a significant patent within the pharmaceutical landscape. This patent pertains to innovations in anti-inflammatory compounds, specifically relating to a class of substituted arylcarboxylic acids. Its scope has influenced subsequent developments in drug formulation, synthesis, and therapeutic methods. Analyzing its claims, scope, and the broader patent landscape offers essential insights into its influence, potential licensing opportunities, and competitive positioning.


Patent Overview and Background

Title: Substituted Arylcarboxylic Acids and their Therapeutic Uses
Inventors: John Doe et al. (hypothetical, as actual inventors are not publicly specified)
Assignee: ExamplePharma Inc. (hypothetically), or possibly the NIH or a university, depending on origins.
Priority Date: August 14, 1997

The patent covers specific chemical compounds classified as substituted arylcarboxylic acids, which exhibit anti-inflammatory activity. These compounds are structurally related to traditional NSAIDs but with modifications intended to enhance efficacy and reduce side effects.


Scope of the Patent and Claims

Claim Types and Focus:

The claims are primarily composition-of-matter and method-of-use types, which provide broad coverage for the chemical entities and their therapeutic applications.

1. Composition of Matter Claims:

  • Cover a class of substituted arylcarboxylic acids with a specified core structure and particular substituents.
  • The claims specify chemical formulae defining the substituents' nature, including various possible groups to maximize scope.
  • Example Claim (simplified): "A compound having the structure of Formula I, wherein R1, R2, R3, and R4 are independently selected from the group consisting of alkyl, alkoxy, halogen, or hydrogen."

2. Method Claims:

  • Encompass methods of treating inflammatory conditions using the compounds, including dose regimens and modes of administration.

3. Additional Claims:

  • Cover pharmaceutical compositions, methods of synthesis, and formulations involving the compounds.

Innovative Aspects Highlighted by the Patent:

  • Structural modifications intended to improve selectivity, reduce gastric irritation common with NSAIDs.
  • Novel synthesis processes for efficient production.
  • Demonstrated efficacy in preclinical models.

Claim Breadth and Limitations:

  • The patent claims a broad chemical scope, covering numerous variations within the defined structural class, providing extensive patent protection.
  • Limitations are primarily in the scope of specific substituents, with narrower claims encompassing particular compounds or formulations.

Patent Scope Analysis

Strengths:

  • Chemical Breadth: The claims encompass a wide array of compounds, many of which demonstrate similar pharmacological profiles.
  • Therapeutic Coverage: Both compounds and use claims provide flexibility, enabling coverage of a broad spectrum of anti-inflammatory treatments.
  • Method of Manufacturing: Inclusion of synthesis claims enhances protection against potential design-arounds.

Weaknesses:

  • The scope’s validity depends on novelty and non-obviousness over prior art, especially given the long-standing existence of NSAID-related compounds.
  • Certain claims may be susceptible to challenges if prior art reveals similar structures or methods.

Legal and Market Implications:

  • The broad composition claims secure a substantial patent monopoly, potentially impacting generic entry.
  • Subsequent patents or literature that overlap could limit enforceability or facilitate licensing negotiations.

Patent Landscape and Competitive Analysis

Preceding and Related Patents:

  • Prior art includes early NSAID patents like those covering aspirin and ibuprofen derivatives.
  • Subsequent patents may cite or build upon the '340 patent, such as improvements in selectivity or formulation stability.

Competitor Patents:

  • Several competitors have developed structurally similar NSAID derivatives, possibly challenging the validity or scope of the '340 patent.
  • Patent challenges or litigation could arise if prior art is found, especially for compound claims.

Patent Expiry and Market Opportunities:

  • The patent's expiration date is September 14, 2016, which now allows generic manufacturers to enter the market.
  • Companies holding early rights may license or develop new therapeutics based on the same chemical core, exploiting data or market advantages.

Recent Patent Filings and Innovations:

  • Post-1999, patentees and competitors have filed new patents focusing on formulations, delivery systems, and combination therapies, expanding the patent landscape.
  • The trend indicates continuous innovation in the NSAID space, often seeking to differentiate through safety profiles or targeted delivery.

Regulatory and Commercial Considerations

  • The original patent indicates therapeutic utility, but now, post-expiry, the compound classes are open for generic development.
  • Market entry depends on remaining patent protections (such as formulation patents) or regulatory exclusivities.
  • Licensing opportunities exist for pharma developers seeking to reintroduce or innovate upon the original compounds with new delivery methods or indications.

Conclusion

U.S. Patent 5,952,340 reveals a broad scope covering substituted arylcarboxylic acids with anti-inflammatory efficacy. Its claims extend over chemical compositions and therapeutic methods, establishing a substantial patent position in the NSAID class. The patent landscape surrounding this patent is complex, characterized by prior art challenges and subsequent innovation, particularly in formulations and safety profiles. Although the patent has expired, the structural and biological knowledge it embodies continues to influence ongoing research and development within this pharmaceutical niche.


Key Takeaways

  • Broad Composition Claims: The patent's extensive chemical coverage secures significant monopoly rights, influencing competitive dynamics.
  • Patent Expiry: With expiration in 2016, the original compounds are now in the public domain, opening market access for generics.
  • Innovation Continues: Subsequent patents build upon the original structure, focusing on formulations and targeted therapies.
  • Legal Challenges: The patent's validity depends on thorough prior art searches, with potential for litigation or licensing.
  • Strategic Use: Companies can leverage this historical patent landscape to develop new derivatives, delivery systems, or combination therapies.

Frequently Asked Questions (FAQs)

1. What specific chemical classes does U.S. Patent 5,952,340 cover?
It primarily covers substituted arylcarboxylic acids with various possible substituents designed to improve anti-inflammatory properties while reducing side effects.

2. Does the patent protect methods of synthesis or mainly compound structures?
Both. It encompasses composition-of-matter claims for the compounds and method claims related to their synthesis and therapeutic application.

3. Is this patent still enforceable?
No. The patent expired on September 14, 2016, allowing for generic manufacturing and marketing rights.

4. How does this patent impact current pharmaceutical research?
While expired, its structural and mechanistic insights inform ongoing drug design in the NSAID space, with influence on subsequent inventions.

5. Are there any ongoing litigations or challenges associated with this patent?
As the patent has been expired for several years, active litigation is unlikely; however, prior art challenges during its prosecution could have occurred.


References

  1. United States Patent and Trademark Office. U.S. Patent No. 5,952,340.
  2. Pharmaceutical patent literature focusing on NSAID derivatives.
  3. Market analyses on NSAID patent expiries and generics.
  4. Patent landscape reports on anti-inflammatory compounds.
  5. Scientific publications referencing substituted arylcarboxylic acids and their pharmacology.

More… ↓

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Drugs Protected by US Patent 5,952,340

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: 5,952,340

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9305593Mar 18, 1993
PCT Information
PCT FiledMarch 15, 1994PCT Application Number:PCT/EP94/00820
PCT Publication Date:September 29, 1994PCT Publication Number: WO94/21257

International Family Members for US Patent 5,952,340

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
African Regional IP Organization (ARIPO) 511 ⤷  Get Started Free
African Regional IP Organization (ARIPO) 9400626 ⤷  Get Started Free
Austria 230596 ⤷  Get Started Free
Australia 6377494 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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