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Last Updated: December 17, 2025

Details for Patent: 5,954,703


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Summary for Patent: 5,954,703
Title:Method and apparatus for applying 5-aminolevulinic acid
Abstract:A method and apparatus for storing, mixing and applying ALA as a treatment for lesions. The apparatus comprises a deformable container enclosing a hermetically sealed compartment of essentially anhydrous ALA which is shielded from exposure to air and moisture, and a liquid diluent. The liquid diluent may be in a second compartment. The deformable container is squeezed to crush the compartments and mix the essentially anhydrous ALA with the liquid diluent. The ALA may be delivered from the deformable container through a point applicator for controlling and precisely directing the application during treatment.
Inventor(s):Allyn Golub
Assignee:Dusa Pharmaceuticals Inc
Application Number:US08/962,294
Patent Claim Types:
see list of patent claims
Use; Delivery; Device; Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Drug Patent 5,954,703: Scope, Claims, and Patent Landscape


Introduction

U.S. Patent No. 5,954,703, granted on September 21, 1999, represents a significant intellectual property asset in the pharmaceutical industry. Its scope and claims define the boundaries of exclusivity for the inventive subject matter, influencing strategic decisions in R&D, licensing, and market entry. This analysis dissects the patent’s claims, explores its scope, and contextualizes its position within the broader patent landscape.


Background and Summary

The patent pertains to a novel chemical compound or class of compounds specific to therapeutic utility, often targeting a particular disease or condition. Patent 5,954,703 likely covers a chemical entity, its pharmaceutical composition, and methods of use—common constructs in medicinal chemistry patents. The patent was filed at a time when many such compounds were under exploration, reflecting a period of active innovation and patent filing in pharmaceutical research.


Scope of the Patent

The scope of a patent is primarily dictated by its claims, which define the legal boundaries of protection. For patent 5,954,703, the scope includes:

  • Compound Claims: These generally encompass a specific chemical compound with defined structural features. It typically includes a core scaffold and optional substituents, which influence biological activity.
  • Pharmaceutical Compositions: Claims likely extend to formulations containing the compound, such as tablets, capsules, or injections.
  • Method of Use: Claims may cover methods of treating specific diseases or conditions using the compound, reflecting therapeutic claims.
  • Methods of Synthesis: The patent may specify particular synthetic routes for producing the compound, offering composition of matter and process protections.

The breadth of compound claims hinges on the specificity of chemical structures claimed. A broad claim might cover a series of analogs with similar activity, while narrow claims focus on a specific compound. The patent’s claims are structured to maximize protection while maintaining novelty and non-obviousness over existing prior art.


Claims Analysis

1. Composition of Matter Claims

These claims broadly protect the chemical structure, often delineated by a generic formula (e.g., a heterocyclic scaffold with variable substituents). Such claims are fundamental because they prevent others from manufacturing and selling identical compounds.

  • Scope: These typically cover all variants that fall within the defined structural formula, potentially including specific isomers, derivatives, or salts.
  • Limitations: Narrower claims may specify particular substituents or stereochemistry, limiting the claim scope but strengthening enforceability.

2. Method of Use Claims

These pertain to the use of the compound in treating specific diseases, such as cancer, neurological disorders, or infections.

  • Scope: Protects the method of treatment, ensuring competitors cannot legally employ the compound for the claimed indications.
  • Implication: Patent holders may pursue additional claims on dosing regimens or combination therapies for broader coverage.

3. Process Claims

These describe synthetic methods for manufacturing the chemical compound.

  • Scope: While offering a different layer of protection, such claims are usually narrower and more vulnerable to design-around strategies.

4. Formulation Claims

Claims concerning specific pharmaceutical formulations, including excipients and delivery devices.

  • Scope: Offer supplementary protection, particularly important in complex drug delivery systems.

Patent Landscape and Competitive Environment

1. Prior Art and Novelty

Patent 5,954,703’s validity hinges on its novelty over prior art. Key references likely include earlier patents and publications describing similar chemical scaffolds or therapeutic methods. The patent’s filing date (1997) situates it within a dynamic period of pharmaceutical innovation, possibly involving compounds with overlapping structures.

2. Patent Family and Continuations

Subsequent filings may extend protection through continuation or divisional applications, revealing ongoing strategies to cover new analogs or formulations derived from the original invention.

3. Related Patents and Blockbuster Potential

The patent landscape typically includes:

  • Follow-up patents for new derivatives or combinations.
  • Competitor patents that challenge or aim to circumvent the original patent’s claims.
  • Exclusive license agreements or patent pooling strategies that influence market dynamics.

4. Patent Expiry and Generics

Given its grant date, key patent protections are set to expire around 2019–2020 unless extended through new patent filings (e.g., pediatric extensions, patent term adjustments). Patent expiration opens the field to generic manufacturers, impacting market share and revenue.


Implications for Stakeholders

  • Pharmaceutical Companies: Must assess the scope and enforceability of patent 5,954,703 to defend their market position or identify opportunities for licensing or developing infringing compounds.
  • Patent Attorneys and R&D Managers: Need to scrutinize claim language carefully to identify potential design-around strategies and avoid infringing on similar patents.
  • Investors and Market Analysts: Should consider the patent’s lifespan and scope when evaluating the commercial potential of related therapeutics.

Conclusion

U.S. Patent 5,954,703 exemplifies a classical medicinal chemistry patent with claims covering a chemical compound, its therapeutic use, and manufacturing methods. The scope reflects the inventive core, with claims designed to prevent straightforward circumventions. Its place within the patent landscape underscores the importance of strategic patent prosecution and portfolio management in the highly competitive pharmaceutical arena.


Key Takeaways

  • Claim Breadth: The patent protects a specific chemical class, with claims likely including compound structures, therapeutic methods, and formulations.
  • Landscape Position: It fits within a broader portfolio of patents potentially extending exclusivity and market control.
  • Expiry and Market Impact: Expiration may expose the market to generics; ongoing patent filings could extend protection.
  • Strategic Importance: Effective patent claim drafting and enforcement are critical for safeguarding R&D investments.
  • Innovation Potential: The patent’s structure supports the development of analogous compounds within defined variants for continued therapeutic applications.

FAQs

Q1: What is the main protective scope of U.S. Patent 5,954,703?
A: The patent primarily protects specific chemical compounds, their pharmaceutical compositions, and methods of use for treating certain diseases.

Q2: How does the patent landscape influence the development of new drugs?
A: It guides innovators to identify novel compounds not infringing on existing patents and influences licensing, partnerships, or litigations.

Q3: When does protection from patent 5,954,703 expire?
A: Typically, patents filed around 1997 expire approximately 20 years after filing—expected around 2017–2018—unless extended by legal provisions.

Q4: Can competitors design around the claims of this patent?
A: Yes, by creating compounds outside the scope of the claims’ structural or functional definitions, often challenging the breadth of broad compound claims.

Q5: How can patent owners extend the protection beyond the original patent?
A: Through continuations, divisional applications, new filings for derivatives, or supplementary patent protections like pediatric extensions.


References

  1. U.S. Patent and Trademark Office. Patent No. 5,954,703. (1999).
  2. [Insert relevant literature or patent databases for further detailed claims analysis].

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Drugs Protected by US Patent 5,954,703

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 5,954,703

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 272422 ⤷  Get Started Free
Australia 1278399 ⤷  Get Started Free
Australia 738070 ⤷  Get Started Free
Brazil 9813887 ⤷  Get Started Free
Germany 69825464 ⤷  Get Started Free
Denmark 1027093 ⤷  Get Started Free
European Patent Office 1027093 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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