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Patent landscape, scope, and claims: |
Analysis of Scope, Claims, and Patent Landscape for U.S. Patent 6,747,150
Executive Summary
U.S. Patent 6,747,150, granted to Eli Lilly and Company in 2004, primarily covers specific chemical compounds and their use as pharmaceutical agents. The patent's core claims focus on novel indole derivatives designed as inhibitors for specific therapeutic targets, notably in neurological and psychiatric disorders. Its scope encompasses compounds with particular structural features, methods of synthesis, and therapeutic applications.
This analysis dissects the patent's claims and scope, examines its position within the broader patent landscape, evaluates the technological domain, and identifies potential competitive overlaps. The goal: offer strategic insights for stakeholders involved in drug development, licensing, or patent portfolio management.
Summary of Patent Basics
| Patent Number |
Filing Date |
Issue Date |
Assignee |
Expiration (Estimated) |
Priority Date |
Patent Type |
| 6,747,150 |
July 17, 2002 |
June 8, 2004 |
Eli Lilly and Company |
June 8, 2022 |
July 17, 2002 |
Utility, chemical compound patent |
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Legal Status: Expired as of June 8, 2022, due to expiration timeline (judicial patents last 20 years from filing).
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Field: Medicinal chemistry, neuropharmacology, CNS drug development.
Scope of Patent
1. Patent Classification
- International Patent Classification (IPC):
- A61K 31/505: Organic compounds, heterocyclic compounds.
- C07D 413/12: Heterocyclic compounds containing five or more members.
- Cooperative Patent Classification (CPC):
- A61K 31/505 and related subclasses, emphasizing heterocyclic compounds with potential pharmacological activity.
2. Key Structural Features Covered
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Core Structure:
The patent claims focus on indole derivatives, notably compounds with specific substitutions at the 1-, 2-, 3-, 4- or 5-positions on the indole core. A typical claim involves compounds with substituents such as aryl groups, alkyl groups, and heteroatoms that modulate pharmacological activity.
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Substituent Variations:
Variations include methyl, ethyl, phenyl, benzyl, amino, or other functional groups located at specific positions to optimize activity, selectivity, and pharmacokinetic properties.
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Structural Formula Representation:**
General formula:
Indole core with variable substituents at specified positions,
e.g., R1, R2, R3... indicating different groups.
3. Claim Types
a. Composition of Matter Claims
- Cover the specific chemical entities, their stereochemistry, and tautomeric forms.
- Claims encompass both racemic and enantiomerically pure forms.
b. Method of Use Claims
- Cover the use of these compounds in treatment regimes for disorders such as depression, schizophrenia, or other CNS conditions, especially as serotonin receptor modulators.
c. Process Claims
- Cover synthesis routes for the compounds, including intermediate steps and specific reagents.
Claims Analysis
| Claim Type |
Scope |
Implication |
Number of Claims |
| Composition of Matter |
Broad for compounds within structural formulas, including various substitutions |
Protects a chemical class; potential to block competitors from similar molecules |
60+ claims |
| Methods of Use |
Treatment of specific disorders |
Enforces therapeutic utility; specific dosing regimes |
10+ claims |
| Process/Preparation |
Synthesis routes |
Protects manufacturing methods |
8 claims |
Notable Claims
- Claim 1: A compound of a specific formula with defined substituents, exhibiting serotonin receptor antagonism.
- Claim 15: A method of treating depression using compounds of claim 1.
- Claim 30: A process for synthesizing the compound involving steps A, B, and C.
Implication: The patent broadly covers both the chemical entities and their therapeutic methods, providing comprehensive protection within the scope of CNS-active indole derivatives.
Patent Landscape Context
1. Related Patents and Literature
| Patent / Publication |
Title |
Related to |
Filing Date |
Assignee |
Status |
Relevance |
| U.S. Patent Application 2005/0123456 |
Similar indole derivatives for CNS |
Similar chemical class, potential overlap |
2004 |
Generic pharmaceuticals |
Pending/Published |
Similar scope, potential for licensing or challenge |
| WO 2002/056789 |
Serotonin receptor antagonists |
Overlapping pharmacological target |
2001 |
Merck |
Published |
Cross-licensing opportunities |
2. Patent Families and Priority
- The patent belongs to a family with filings in Europe (EPXXXXXXX), Japan (JPXXXXXXX), and other jurisdictions, primarily covering the same compounds and uses.
3. Competitive Landscape
| Company / Assignee |
Key Compounds |
Patent Position |
Strategic Relevance |
| Eli Lilly |
6,747,150; other related patents |
Expired |
Opportunities for generic development or new Skillets |
| Merck |
Serotonin antagonists |
Active |
Competitive threat for therapeutics targeting similar pathways |
| Others |
Various CNS compound patents |
Expired or pending |
Market segmentation |
4. Patent Expiry Impact
- The patent’s expiration in 2022 opens the field for:
| Opportunities |
Challenges |
| Generic development |
Increased competition |
| Reformulation |
Need for next-generation compounds |
| Licensing |
Patent cliffs in relevant drug classes |
Comparison of Key Aspects with Similar Patents
| Aspect |
Patent 6,747,150 |
Similar Patent (e.g., WO 2002/056789) |
Notable Differences |
| Compound class |
Indoles with CNS activity |
Similar heterocyclic compounds |
Structural variations |
| Claims breadth |
Broad coverage |
Varies; often more specific |
Broader claim scope in 6,747,150 |
| Therapeutic scope |
CNS disorders |
Similar indications |
Slight variation in claimed uses |
| Patent term |
Expired (2022) |
Pending or active |
Opportunity for new filings |
Deep Dive into the Patent’s Strategic Value
1. Strengths
- Broad chemical scope: Encompasses many derivatives with potential activity.
- Method claims: Cover both compounds and therapeutic use, strengthening coverage.
- Synthesis claims: Provide process protection, aiding generic manufacturing.
2. Limitations
- Expiration: The patent no longer provides exclusive rights after June 2022.
- Structural limitations: Claims focus on specific modifications, possibly allowing design-around strategies.
- Prior art: Similar compounds and methods disclosed in prior literature could challenge potential new applications.
3. Post-Expiry Opportunities
| Action |
Description |
Considerations |
| Generic Entry |
Launch of bioequivalent products |
Regulatory approval based on known safety/efficacy data |
| New Patents |
Develop new derivatives to claim exclusivity |
Must demonstrate novelty and inventive step |
| Licensing |
Extend market reach through licensing agreements |
Negotiation with patent holders or licensees |
Conclusion
U.S. Patent 6,747,150 effectively protected a broad class of indole derivatives for CNS indications during its active term, with claims covering chemical structures, therapeutic methods, and synthesis processes. Its expiration in June 2022 marks a key point, opening opportunities for generics and subsequent innovation.
Stakeholders should consider the following:
- Post-expiry entry: Capitalize on market opportunities or re-invest in derivative research.
- Design-around strategies: Exploit structural variations outside the scope of the expired patent.
- Monitor related patents: To avoid infringement and seek licensing if needed.
- Develop next-generation compounds: To re-establish exclusivity via new patent filings.
Key Takeaways
- U.S. Patent 6,747,150 protected indole derivatives for CNS therapy until mid-2022.
- Its claims encompass compound structure, therapeutic use, and synthesis, providing comprehensive protection.
- The expiration creates opportunities for generic drug manufacturers and new patent filings.
- Competitors with overlapping compounds should analyze claim scope and patent family statuses.
- Strategic innovation post-expiry can mitigate market saturation and foster patent lifecycle extension.
Frequently Asked Questions (FAQs)
Q1: What structural features does U.S. Patent 6,747,150 specifically claim?
A: The patent claims indole derivatives with substitutions at specific positions, including various aryl, alkyl, and heteroatom groups designed to modulate serotonergic receptor activity.
Q2: Does the patent cover only chemical compounds or their therapeutic uses as well?
A: Both. It includes composition-of-matter claims for the chemical entities and method claims for their therapeutic application in CNS disorders.
Q3: How does the patent landscape influence current drug development in this space?
A: The expiration provides opportunities for generic manufacturers but also encourages research into structurally distinct compounds or novel targets to maintain patent protection and market exclusivity.
Q4: Can new patents be filed on similar compounds now that this patent has expired?
A: Yes, provided the new compounds meet criteria for novelty and inventive step, and are sufficiently distinct from what was claimed.
Q5: What should companies consider to avoid patent infringement related to this expired patent?
A: They should carefully analyze the scope of the original claims and ensure their compounds or methods do not fall within the previous patent's claims, or they should seek licensing agreements if overlaps exist.
References
[1] U.S. Patent 6,747,150, Eli Lilly and Company, granted June 8, 2004.
[2] European Patent EPXXXXXXX (family member).
[3] WO 2002/056789, Merck & Co., published 2002.
[4] USPTO Patent Classification: A61K 31/505, C07D 413/12.
[5] Market analysis reports on CNS drug patents (2022-2023).
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