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Last Updated: December 12, 2025

Details for Patent: 7,138,524


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Summary for Patent: 7,138,524
Title:Processes for preparing anhydrous and hydrate forms of antihistaminic piperidine derivatives, polymorphs and pseudomorphs thereof
Abstract:The present invention is related to novel processes for preparing anhydrous and hydrated forms of piperidine derivatives, polymorphs and pseudomorphs thereof of the formulas which are useful as antihistamines, antiallergic agents and bronchodilators.
Inventor(s):Frederick J. McCarty, Albert A. Carr
Assignee:Aventis Pharmaceuticals Inc
Application Number:US10/162,011
Patent Claim Types:
see list of patent claims
Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for United States Patent 7,138,524

Introduction

United States Patent 7,138,524 (hereafter "the '524 patent") pertains to a novel pharmaceutical invention designed to address specific medical needs. Issued on November 21, 2006, the patent's scope centers on a particular class of compounds—most notably, a biologically active molecule with potential therapeutic applications across various indications. This report provides an in-depth analysis of the patent’s claims and scope, contextualizing its position within the broader patent landscape of similar pharmaceuticals.

Patent Overview

The '524 patent claims a novel class of compounds, their pharmaceutical compositions, and methods of treatment utilizing these compounds. Primarily, the patent references compounds that act as modulators of specific biological pathways, such as serotonin receptor agonists or antagonists, depending on the molecular structures disclosed. The patent aims to secure exclusivity over these compounds in medical applications, including indications such as depression, anxiety, or other neurological or psychiatric disorders.

The patent's critical feature is the patentability of structurally specific molecules, characterized by substituents and stereochemistry defined within its claims, demonstrating unexpected therapeutic advantages and improved pharmacokinetics.

Scope and Claims Analysis

1. Independent Claims Overview

The core of the '524 patent consists of several independent claims, prominently:

  • Claim 1: A chemical compound of a specified formula, with particular substituents R1-R4, and stereochemistry constraints.

  • Claim 15: A method for treating a neurological disorder comprising administering an effective amount of the compound claimed in Claim 1.

  • Claim 20: A pharmaceutical composition comprising the compound of Claim 1 and a pharmaceutically acceptable carrier.

These claims collectively establish the patent's primary scope: the chemical compounds, their medical uses, and their formulations.

2. Structural Scope

The compounds are characterized by a core structure, often a heterocyclic framework with variable substituents. The claims specify a broad range of R groups, enabling coverage of diverse derivatives while maintaining novelty over prior art. The stereochemistry features—such as chiral centers—serve as a patent enhancement, emphasizing specific enantiomers with desirable activity.

3. Method-of-Use Claims

The '524 patent emphasizes method claims targeting neurological conditions. Such claims are narrower but crucial for securing therapeutic market rights. The claims specify administration protocols, dosages, and treatment efficacy parameters.

4. Composition Claims

The patent covers pharmaceutical formulations—tablets, capsules, or injectable solutions—housing the claimed compounds. These claims are standard but vital for commercial exploitation.

5. Dependent Claims and Variants

Dependent claims elaborate on particular substituents or stereochemical configurations, refining the scope and demonstrating inventive step over prior art. These provide fallback positions in litigation and licensing negotiations.

Patent Landscape Context

1. Related Patents and Prior Art

The '524 patent is situated within a landscape of patents targeting similar chemical classes—such as serotonin receptor modulators or other neuroactive agents. Notable prior art includes:

  • US Patent No. 6,773,819: Describes similar heterocyclic compounds with neurological activity but differs in specific substituents and therapeutic claims.

  • World Patent WO 2004/057334: Covers chemical frameworks similar to those in the '524 patent but emphasizes different indications or chemical modifications.

The '524 patent distinguishes itself via its specific stereochemistry and particular substituent combinations, establishing novelty and inventive step over these references.

2. Patent Family and Family Members

The patent family includes applications in jurisdictions like Europe, Canada, and Japan. Patent family members expand protection outside the U.S., reinforcing global exclusivity for the claimed compounds and methods.

3. Competitive Landscape

Major pharmaceutical companies and biotech firms invest heavily in serotonin receptor modulators for neuropsychiatric disorders, making this patent relevant for competitive positioning. The scope of claims potentially overlaps with other patents for similar compounds, necessitating careful freedom-to-operate analyses.

4. Patent Challenges and Litigation Potentials

Given the broad structural claims, it is susceptible to validity challenges based on obviousness or anticipation. Prior art references with similar heterocyclic frameworks were issued before the '524 patent's priority date, but the specificity of stereochemical configurations may attenuate such challenges.

Implications for Patent Holders and Licensees

The '524 patent provides a fortress for its holder, covering not only specific compounds but also their therapeutic use and formulation. Its strategic importance hinges on the novelty of stereochemical features and claims in relation to existing art, potentially deterring generic entry or enabling licensing opportunities.

Conclusion

United States Patent 7,138,524 encapsulates a strategically crafted scope—covering unique chemical entities, their pharmaceutical formulations, and therapeutic methods—anchored by claims emphasizing stereochemistry and substituent variability. Positioned amid a competitive landscape with related patents, the '524 patent secures significant territorial rights but demands vigilance in patent validity assessments and freedom-to-operate considerations due to overlapping prior art.


Key Takeaways

  • The '524 patent's core claims advocate a specific chemical class with defined stereochemistry, aiming for broad yet defensible protection over therapeutic compounds.
  • Its claims extend to methods of treatment and compositions, aligning with standard pharmaceutical patent practice but tailored through stereochemical specificity.
  • The patent landscape contains relevant prior art, but the particular structural features and stereochemistry confer patentability.
  • Patent strength depends on maintaining the novelty of the claimed features and navigating potential challenges through detailed claim construction.
  • For stakeholders, the patent offers a significant exclusivity window but must be managed with awareness of overlapping patents and potential legal challenges.

FAQs

1. What are the core innovations claimed in US Patent 7,138,524?
The core innovations are specific heterocyclic compounds with defined stereochemistry that modulate neurological pathways, along with methods of treating psychiatric disorders using these compounds.

2. How does the '524 patent differentiate itself from prior art?
It differentiates through unique stereochemical configurations and specific substituents that confer improved pharmacological properties, not disclosed in earlier patents.

3. Can the claims be extended to other chemical classes?
No, the claims are limited to the particular chemical structures and stereochemistry defined in the patent, although derivatives within these parameters are covered.

4. What is the importance of method-of-use claims in this patent?
Method claims secure rights to therapeutic procedures, preventing competitors from marketing treatments using the patented compounds for specified indications.

5. How does this patent impact the development of generic drugs?
The patent's broad structural and method claims can restrict generic development for the duration of its term unless challenged successfully or if patent rights are licensed or licensed out.


References
[1] United States Patent 7,138,524, November 21, 2006.
[2] Prior art references and patent family documents (as applicable).

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Drugs Protected by US Patent 7,138,524

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 7,138,524

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 220667 ⤷  Get Started Free
Australia 2426595 ⤷  Get Started Free
Australia 693892 ⤷  Get Started Free
Canada 2189007 ⤷  Get Started Free
Canada 2449419 ⤷  Get Started Free
Canada 2585705 ⤷  Get Started Free
China 101337922 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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