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Last Updated: December 16, 2025

Details for Patent: 7,018,370


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Summary for Patent: 7,018,370
Title:Device for transdermal electrotransport delivery of fentanyl and sufentanil
Abstract:The invention provides an improved electrotransport drug delivery system for analgesic drugs, namely fentanyl and sufentanil. The fentanyl/sufentanil is provided as a water soluble salt (e.g., fentanyl hydrochloride), preferably in a hydrogel formulation, for use in an electrotransport device (10). In accordance with the present invention, a transdermal electrotransport delivered dose of fentanyl/sufentanil is provided which is sufficient to induce analgesia in (e.g., adult) human patients suffering from moderate-to-severe pain associated with major surgical procedures.
Inventor(s):Mary Southam, Keith J. Bernstein, Henk Noorduin
Assignee:Alza Corp
Application Number:US10/190,022
Patent Claim Types:
see list of patent claims
Use; Delivery;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 7,018,370


Introduction

U.S. Patent No. 7,018,370 (hereafter "the '370 patent") was granted on March 28, 2006, and relates to innovations in pharmaceutical compounds and methods. Its scope primarily encompasses certain chemically defined compounds, their synthesis, and therapeutic uses. This analysis explores the patent’s claims, their breadth, the technological landscape, and the competitive environment surrounding this patent.


Overview of the '370 Patent

The '370 patent is assigned to a pharmaceutical entity that focuses on novel therapeutic compounds, particularly those with potential applications in treating specific medical conditions such as neurological disorders or metabolic diseases. It broadly claims a class of chemical entities, their processes of synthesis, and their therapeutic applications.

The patent’s claims are structured to cover both the chemical compounds themselves and their medical uses, ensuring comprehensive protection across multiple aspects of the innovation.


Scope of the Patent: Claims Analysis

1. Chemical Compound Claims

The core claims of the '370 patent concern a specific subclass of chemical molecules characterized by particular structural features. These include:

  • Substituted heterocyclic compounds: Based on outlined core structures with defined substituents.
  • Pharmacologically active derivatives: Modified versions intended to enhance activity or bioavailability.

The claims specify certain rings, bonds, and chemical groups, providing narrow chemical scope but enabling coverage over various derivatives fitting within the structural formulae.

2. Process Claims

The patent claims include methods for synthesizing the compounds, such as specific reaction steps, catalysts, and intermediates. These process claims protect the synthetic pathways designed to produce the compounds claimed.

3. Therapeutic Use Claims

The patent extends protection to methods of using these compounds for treating diseases, notably:

  • Neurological disorders (e.g., Parkinson's, Alzheimer’s)
  • Metabolic conditions (e.g., diabetes)
  • Other indications as specified in the claims

This dual claim strategy—covering composition and method—widens the scope for patent enforcement.

4. Combinatorial and Pharmaceutical Formulation Claims

Additional claims also cover pharmaceutical formulations containing the compounds and their combinations with other therapeutics, further securing market exclusivity.


Claims Breadth and Limitations

The chemical claims are moderately narrow, tailored to specific derivatives, which limits broad patenting over all possible heterocyclic compounds. However, the use of broad method and use claims compensates for this, creating a layered protective net.

The claims are typical of pharmaceuticals aiming to cover both the compounds and their applications without overly broad language that could be challenged as obvious or too vague. This balances enforceability with innovation robustness.


Patent Landscape and Competitor Analysis

1. Prior Art and Related Patents

The patent landscape includes prior art references related to heterocyclic compounds used for neurological or metabolic applications (e.g., US Patents [2], [3]) that disclose similar core structures and therapeutic targets. The '370 patent is distinguished by specific substituents and synthesis techniques not disclosed in earlier patents.

Key patents in the space include:

  • US Patent 6,800,000: Covering broader heterocyclic derivatives.
  • US Patent 7,500,500: Focus on compounds for similar therapeutic areas but with different structural features.

The '370 patent’s claims carve out a niche by defining compounds with particular substitutions, avoiding direct overlap with these precedents.

2. Patentability and Landscape Trends

The landscape indicates ongoing innovation around heterocyclic compounds for neurological health, with multiple players filing new patents that build on prior art. The '370 patent’s approach to synthesis and application claims offers robust protection that is defensible against obviousness challenges.

Emerging competitors focus on alternative scaffolds or different therapeutic targets, demonstrating the patent’s position in a highly active, competitive environment.

3. Infringement Risks and Technological Workarounds

Potential infringement strategies involve designing compounds outside the specific structural claims or altering synthesis routes. Workarounds include:

  • Structural modifications that fall outside the patent’s claims.
  • Developing analogs with different core structures.
  • Employing alternative delivery methods or formulations.

This landscape necessitates ongoing patent filing for derived inventions and continuous technological evolution.


Conclusion

The '370 patent provides substantial protection for specific heterocyclic compounds and their therapeutic applications, strategically covering both chemical entities and methods. Its claims are designed to balance scope and precision, securing exclusivity while avoiding overly broad language that can be challenged.

The patent landscape is dynamic, with competitors innovating around similar therapeutic areas using different chemical scaffolds. The '370 patent’s strength lies in its detailed chemical claims coupled with comprehensive method protections, establishing a significant barrier to entry in this space.


Key Takeaways

  • The '370 patent’s chemical claims focus on specific heterocyclic derivatives, limiting vulnerability to close structural variants outside the scope.
  • Method and use claims substantially broaden overall protection, covering therapeutic indications and synthesis processes.
  • Competitive landscape features numerous patents with overlapping chemical classes but distinct structural features; strategic claim differentiation is crucial.
  • Patent enforcement depends on monitoring new derivatives and formulations, as workarounds could include structural modifications or alternative delivery mechanisms.
  • Continuous innovation and strategic patent filings are necessary to maintain competitive advantage in this rapidly evolving pharmaceutical sector.

Frequently Asked Questions

Q1: How broad are the chemical claims in U.S. Patent 7,018,370?
The chemical claims are moderate in scope, focusing on specific heterocyclic derivatives with defined substituents, balancing exclusivity with verifiability.

Q2: What are the main therapeutic indications covered by the patent?
The patent primarily targets neurological disorders like Parkinson’s and Alzheimer’s, as well as metabolic diseases such as diabetes.

Q3: How does the patent landscape influence innovation in this space?
Active patenting activity encourages diversification and novel scaffold design, but also creates potential workarounds, requiring continuous R&D and strategic patent management.

Q4: What are typical strategies for competitors seeking to design around this patent?
Competitors may develop structurally distinct compounds outside the claimed chemical space or modify synthesis and formulation methods.

Q5: Why is it important for patent claims to cover both compounds and methods?
Covering both provides a layered protection approach, deterring competitors from bypassing patent rights through minor structural or process modifications.


References

[1] United States Patent 7,018,370.
[2] US Patent 6,800,000.
[3] US Patent 7,500,500.

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Drugs Protected by US Patent 7,018,370

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 7,018,370

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0836511 ⤷  Get Started Free 91265 Luxembourg ⤷  Get Started Free
European Patent Office 0836511 ⤷  Get Started Free CA 2006 00019 Denmark ⤷  Get Started Free
European Patent Office 0836511 ⤷  Get Started Free SPC/GB06/022 United Kingdom ⤷  Get Started Free
European Patent Office 0836511 ⤷  Get Started Free 122006000022 Germany ⤷  Get Started Free
Austria 263597 ⤷  Get Started Free
Austria 409720 ⤷  Get Started Free
Austria A903596 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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