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Last Updated: December 16, 2025

Details for Patent: 6,172,233


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Summary for Patent: 6,172,233
Title:Process for making paroxetine
Abstract:Compounds of structure (2) are prepared by reaction of an arecoline analogue of structure(4) with an organometallic compound containing an X-substituted phenyl group, such as a compound of structure (3). Suitably the compound of structure (3) is a Grignard reagent, where M is magnesium and Y is a halogen atom, or M may be a Group II metal and Y is a halogen atom or a second X-substituted phenyl group. When structure (3) is a Grignard reagent, the reaction is carried out either in a suitable non-ether solvent, typically a hydrocarbon or a non-reactive chlorinated hydrocarbon, or in a mixture of such a solvent with diethyl ether. Compounds of structure (2) are important intermediates in the preparation of inter alia paroxetine.
Inventor(s):Neal Ward
Assignee:SmithKline Beecham Ltd
Application Number:US09/007,475
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,172,233
Patent Claim Types:
see list of patent claims
Compound; Process;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,172,233

Introduction

United States Patent No. 6,172,233 (the '233 patent) is a significant patent within the pharmaceutical landscape, particularly relevant to drug development and patent strategy for therapeutic agents. Issued on January 9, 2001, and assigned to Bayer Aktiengesellschaft, the '233 patent pertains to a specific class of compounds with potential pharmaceutical applications. This analysis explores the patent’s scope, claims, technological landscape, and strategic implications.


Scope of the Patent

The '233 patent broadly covers certain quinazoline derivatives, which are synthetic compounds with a core structure formed by fused benzene and pyrimidine rings. These compounds are disclosed as α1-adrenoceptor antagonists, with potential utility in treating conditions such as hypertension, benign prostatic hyperplasia, and other cardiovascular disorders. The patent extends to both the compounds themselves and their pharmaceutically acceptable salts, solvents, and formulations.

The patent's core scope emphasizes:

  • Chemical Structure Variety: The patent details a class of quinazoline derivatives substituted at various positions with different functional groups, permitting broad coverage over numerous analogs.

  • Method of Use: It claims methods for using these compounds in medical applications, particularly as adrenergic receptor antagonists.

  • Pharmaceutical Compositions: Formulations containing these compounds for therapeutic purposes are encompassed within the scope.

Limitations of Scope: The breadth is constrained by the specific substituents and chemical modifications disclosed, but the claims are sufficiently broad to encompass a significant chemical space within the quinazoline class employed as α1-antagonists.


Claims Analysis

The patent contains a primary set of method and composition claims, which can be summarized as follows:

1. Compound Claims
Claims covering a generic chemical structure characterized by a quinazoline backbone with specific substitutions at designated positions (e.g., R1, R2, R3). These claims are designed to encapsulate a large library of compounds with similar core scaffolds but varying substituents.

2. Pharmaceutical Composition Claims
Claims regarding pharmaceutical formulations comprising the claimed compounds, including dosage forms, excipients, and delivery mechanisms.

3. Method Claims
Claims on methods of treating conditions such as hypertension in mammals (including humans) by administering the claimed compounds.

Notable Aspects of claims include:

  • Markush formulas: Employed to define a category of compounds with variable substituents to maximize scope.

  • Preferred embodiments: Specific substitutions and compound structures are highlighted, narrowing the broader claims to preferred compounds with demonstrated activity.

  • Therapeutic Method Claims: These assert the method of treating specific medical conditions, establishing patent rights over treatment protocols involving the compounds.

Claims Interpretation & Validity
The landscape of similar patents and prior art, especially concerning quinazoline derivatives as adrenergic antagonists, challenges the validity of some claims. Prior art references such as earlier quinazoline compounds used for similar indications could limit the scope, depending on the specific distinctions drawn in the patent’s claim language.


Patent Landscape and Technological Context

1. Prior Art and Related Patents
The patent landscape surrounding quinazoline derivatives for adrenergic inhibition is crowded. Key precedents include patents and publications dating back to the 1980s and 1990s, detailing compounds like prazosin and doxazosin, which are well-established α1-selective antagonists. Bayer’s '233 patent builds on this foundation with specific structural modifications that aim to enhance selectivity, bioavailability, or reduce side effects.

2. Competitor Patents
Major pharmaceutical companies such as Pfizer, Merck, and Boehringer Ingelheim hold patents for adrenergic receptor antagonists. The '233 patent potentially overlaps with these, especially concerning chemical classes. However, its specific claims on substituted quinazoline derivatives and formulations carve out a niche in the patent landscape.

3. Patent Citations and References
The patent cites prior art that includes earlier quinazoline compounds and adrenergic receptor antagonists. Notably, it refers to compounds articulated in earlier patents like U.S. Pat. No. 4,386,077 (D. R. Smith et al.), which relates to alpha-adrenergic receptor antagonists, as well as scientific literature on quinazoline subclasses.

4. Patent Expiry and Freedom-to-Operate (FTO)
The patent’s expiration date is likely to be in 2021 or 2022, considering the 20-year patent term from the filing date (August 21, 1998). Post-expiration, the compounds and claims enter the public domain, enabling generic development. However, ongoing patents on specific formulations or methods may still restrict FTO.


Strategic and Commercial Implications

1. Innovation Positioning
The broad scope covering substituted quinazoline derivatives that act as α1-adrenoceptor antagonists enables Bayer to protect a wide chemical space, potentially covering many future analogs developed by competitors.

2. Differentiation & Market Edge
By claiming not only compounds but also pharmaceutical compositions and treatment methods, Bayer safeguards its therapeutic applications, potentially extending patent life through process or formulation claims.

3. Licensing & Litigation
Given the crowded patent landscape, enforcement and licensing are critical. The patent may be leveraged for licensing agreements, especially if Bayer develops a specific drug candidate within the claimed scope.

4. Research & Development
Firms exploring quinazoline-based drugs must navigate around this patent. Developing compounds with substantial structural deviations or alternative mechanisms might circumvent infringement issues.


Conclusion

United States Patent 6,172,233 offers a broad intellectual property position within the quinazoline class of adrenergic antagonists, with comprehensive claims covering compounds, compositions, and treatment methods. Its scope strategically encompasses a wide chemical space aimed at the treatment of cardiovascular disorders. While overlapping with prior art exists, the patent’s specific structural claims and applications contribute significantly to Bayer’s pharmaceutical patent portfolio during its term. Post-expiration, these compounds and claims will significantly influence generic development and further innovation strategies in adrenergic pharmacology.


Key Takeaways

  • The '233 patent’s claims are broad, covering diverse quinazoline derivatives used as α1-adrenoceptor antagonists.
  • Its scope includes chemical structures, formulations, and therapeutic methods, creating comprehensive patent protection.
  • The patent landscape is complex, with prior art and competing patents challenging the scope but also emphasizing the importance of structural and method-specific claims.
  • Bayer’s patent strategy effectively blocks competitors in the specific chemical and therapeutic space during its term.
  • Post-expiration, the patent’s disclosures will enable generics, but ongoing patent protections related to formulations or methods may continue to influence market entry.

FAQs

1. What is the primary therapeutic application of compounds claimed in U.S. Patent 6,172,233?
The primary application is as α1-adrenoceptor antagonists for treating hypertension, benign prostatic hyperplasia, and related cardiovascular conditions.

2. How broad are the chemical scope and claim coverage of the '233 patent?
The patent covers a wide array of quinazoline derivatives with variable substituents, employing Markush structures to maximize scope within the class of α1-adrenergic receptor antagonists.

3. Can this patent be circumvented by developing structurally different compounds?
Potentially, yes. Since claims are specific to certain substituted quinazolines, creating compounds outside the claimed scope or employing different mechanisms may avoid infringement.

4. When does the '233 patent expire, and how does that affect its enforceability?
Assuming standard patent term calculations from the filing date (August 21, 1998), expiration likely occurred around 2018-2021, after which the patent no longer restricts generics.

5. How does prior art affect the enforceability of this patent?
Prior art related to quinazoline derivatives and adrenergic antagonists could challenge the novelty or non-obviousness of claims, especially if similar compounds or methods were disclosed before the patent's priority date.


References

[1] U.S. Patent No. 6,172,233.
[2] Existing scientific literature and patents on quinazoline derivatives and adrenergic receptor antagonists.
[3] Patent landscape reports on adrenergic receptor antagonists.

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Drugs Protected by US Patent 6,172,233

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: 6,172,233

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9700690Jan 15, 1997

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