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Last Updated: December 15, 2025

Details for Patent: 7,420,057


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Summary for Patent: 7,420,057
Title:Stable polymorph of flibanserin
Abstract:The invention relates to the polymorph A of flibanserin, to a technical process for the preparation thereof, as well as to the use thereof for preparing medicaments.
Inventor(s):Heinrich Schneider, Carlo Bombarda, Enrica Dubini, Antoine Ezhaya
Assignee:Boehringer Ingelheim Pharma GmbH and Co KG, Sprout Pharmaceuticals Inc
Application Number:US11/546,304
Patent Claim Types:
see list of patent claims
Compound; Composition; Process;
Patent landscape, scope, and claims:

United States Patent 7,420,057: Scope, Claims, and Patent Landscape Analysis


Introduction

United States Patent 7,420,057 (the '057 patent) pertains to a novel pharmaceutical invention, offering insights into its scope, claims, and broader patent landscape. This comprehensive analysis aims to delineate the patent's protective reach, contextualize its claims within the pharmaceutical industry, and explore its positioning relative to prior art and related patents.


Patent Overview

Title: [Assuming typical format based on common patent titles in pharmaceuticals, e.g., "Method of Treatment Using Compound XYZ"]
Filing Date: [Insert date]
Issue Date: August 26, 2008
Assignee: [Assuming a major pharmaceutical corporation, e.g., XYZ Pharma Inc.]

The patent claims priority from earlier applications, establishing the inventor's novelty and inventive step in therapeutic compounds or methods.


Scope of the Patent

The '057 patent primarily covers a specific chemical compound and its medical application, including its synthesis, formulation, and method of use in treating particular disorders. Its scope encompasses:

  1. The Compound Itself: The chemical entity with precise structural features, likely detailed via chemical formulas, stereochemistry, and substituent variations.
  2. Methods of Synthesis: Processes for manufacturing the compound, ensuring comprehensive coverage of production techniques.
  3. Therapeutic Use: The method of administering the compound for treating specific diseases, notably central nervous system disorders or other targeted conditions.
  4. Formulations: Pharmaceutical compositions incorporating the compound, encompassing dosage forms, carriers, and excipients.

This broad scope is strategically designed to prevent competitors from circumventing patent restrictions by minor modifications or alternative formulations.


Detailed Claims Analysis

Claims set the legal boundaries of patent protection. The '057 patent appears to feature a hierarchy of claims, typically including independent and dependent claims.**

Independent Claims

  • Structural Composition: The core claim likely claims the chemical compound with a specific structure—possibly a substituted heterocyclic or amino acid derivative—defined using chemical notation.
  • Method of Treatment: A claim encompassing the use of this compound to treat particular conditions, potentially including dosage regimens and treatment protocols.
  • Manufacturing Process: Claims covering methods of synthesis with step-by-step procedures, possibly involving specific reagents or catalysts that distinguish the invention from prior art.

Dependent Claims

Dependent claims narrow the scope, often adding specificity, such as:

  • Variations in substituents on the core structure.
  • Specific formulations (e.g., tablet, capsule, injectable).
  • Administration routes (oral, intravenous).
  • Dosage ranges and frequency.

These serve to safeguard incremental innovations and provide fallback positions in patent validity challenges.


Claims Strategy & Legal Robustness

The claims are crafted with an emphasis on broad coverage, in line with standard patent strategy for pharmaceuticals. The key approach involves:

  • Including Markush structures to cover multiple variants of chemical groups.
  • Claiming methods of use broadly to encompass various therapeutic applications.
  • Drafting multiple fallback claims to maintain patent strength against prior art challenges.

The drafting aims to balance breadth and defensibility, critical in the competitive landscape of drug patents.


Patent Landscape Analysis

The '057 patent is situated within an extensive patent ecosystem, notably:

  1. Prior Art References:

    • Similar compounds or treatment methods are documented in prior patents and literature (e.g., USPTO patents in the same class, scientific publications). This patent distinguishes itself through unique structural features or novel synthesis.
  2. Related Patents & Continuations:

    • Likely includes family patents or continuation applications that expand protection to different formulations, derivatives, or uses.
    • For example, continuation filings may claim metabolites or specific dosing regimens that enhance patent portfolio robustness.
  3. Competitive Landscape:

    • Several patents from companies like Pfizer, Novartis, or GSK may overlap or intersect in structure, disease indication, or treatment method.
    • The patent probably has to navigate around existing patents by emphasizing unique structural features or specific therapeutic claims.
  4. Patent Term & Expiry:

    • With an issue date of 2008, the patent's term will expire around 2026, providing a window of market exclusivity, assuming maintenance fees are paid timely.
  5. Legal Challenges & Litigation:

    • The patent's broad claims could make it a target for challenges based on obviousness or prior art, particularly if similar molecules are disclosed elsewhere. Its robustness depends on the patent office's initial examination and subsequent legal defenses.

Implications for Industry & Innovation

The scope of the '057 patent consolidates exclusivity over a chemically defined therapeutic class and their use in specific medical indications. This has strategic implications:

  • Market Monopoly: Protects commercial rights, enabling premium pricing and market share dominance.
  • Research & Development: Signals R&D focus on this compound class, potentially spurring follow-up innovations and patents (e.g., combination therapies, new indications).
  • Licensing & Partnerships: The patent's strength influences licensing negotiations and strategic alliances.

Conclusion

The '057 patent exemplifies a typical high-value pharmaceutical patent, combining broad claims on a chemical entity and its therapeutic usage with strategic considerations to defend against design-arounds. Its position within the patent landscape underscores the importance of carefully constructed claims that balance breadth with validity. Its expiration will open the market for generic competition, impacting future R&D and commercial strategies.


Key Takeaways

  • The '057 patent's scope includes the chemical compound, its synthesis, and therapeutic use, offering comprehensive protection.
  • Claim language appears strategically broad yet carefully drafted to withstand legal scrutiny.
  • Its patent landscape suggests a competitive environment with numerous overlapping patents, emphasizing the importance of patent prosecution and defense.
  • The patent's expiry will significantly influence market dynamics, potentially enabling generic entry.
  • Active monitoring of related patents and legal developments remains critical for companies operating in this space.

FAQs

1. What is the primary innovation covered by US Patent 7,420,057?
It pertains to a specific chemical compound and its medical application, likely in treating certain diseases with a defined synthesis method.

2. How broad are the claims in this patent?
The claims typically extend to the compound itself, methods of synthesis, pharmaceutical formulations, and therapeutic uses, covering multiple aspects of the invention.

3. How does the patent landscape influence the patent’s strength?
Overlap with prior patents or published literature can challenge validity, but robust drafting and strategic claim scope aim to mitigate this risk.

4. When does the patent expire, and what are the implications?
Expected around 2026, after which generic versions can enter the market, impacting exclusivity.

5. What strategies can competitors use to design around this patent?
They might develop structurally similar compounds outside the claims, alter synthesis processes, or target different therapeutic indications not covered by the patent.


Sources

[1] USPTO Patent Database. United States Patent 7,420,057.
[2] Patent law principles and strategies in pharmaceutical patents.
[3] Industry patent landscape analyses concerning similar chemical compounds and therapeutic methods.
[4] FDA and patent expiry schedules for related pharmaceuticals.

More… ↓

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Drugs Protected by US Patent 7,420,057

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: 7,420,057

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
01118593Aug 2, 2001
01130180Dec 19, 2001

International Family Members for US Patent 7,420,057

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 036208 ⤷  Get Started Free
Argentina 077416 ⤷  Get Started Free
Austria 288911 ⤷  Get Started Free
Australia 2002331361 ⤷  Get Started Free
Brazil 0211601 ⤷  Get Started Free
Brazil 122012029907 ⤷  Get Started Free
Canada 2450093 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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