Details for Patent: 4,753,789

Summary for Patent: 4,753,789

Title:	Method for treating nausea and vomiting
Abstract:	The invention relates to the use of compounds of the general formula (I) ##STR1## wherein R.sup.1 represents a hydrogen atom or a C.sub.1-10 alkyl, C.sub.3-7 cycloalkyl, C.sub.3-7 cycoalkyl-(C.sub.1-4) alkyl, C.sub.3-6 alkenyl, C.sub.3-10 alkynyl, phenyl or phenyl-C.sub.1-3 alkyl group, and one of the groups represented by R.sup.2,R.sup.3 and R.sup.4 is a hydrogen atom or a C.sub.1-6 alkyl, C.sub.3-7 cycloalkyl, C.sub.2-6 alkenyl or phenyl - C.sub.1-3 alkyl group and each of the other two groups, which may be the same or different, represents a hydrogen atom or a C.sub.1-6 alkyl group; and physiologically acceptable salts and solvates thereof, for the relief of nausea and vomiting and/or the promotion of gastric emptying and for the manufacture of a medicament for this purpose. Promotion of gastric emptying may be for the relief of gastro-intestinal disorders associated with gastric stasis or may be of advantage of radiological examination procedures. The invention also relates to a product containing a therapeutic agent liable to induce nausea and vomiting, e.g. a cytostatic agent such as a cyclophosphamide, an alkylating agent or a platinum complex, and a compound of the general formula (I) as a combined preparation for simultaneous separate or sequential use in therapy.
Inventor(s):	Tyers; Michael B. (Welwyn, GB2), Coates; Ian H. (Hertford, GB2), Humber; David C. (London, GB2), Ewan; George B. (Gerrards Cross, GB2), Bell; James A. (Royston, GB2)
Assignee:	Glaxo Group Limited (GB2)
Application Number:	06/877,805
Patent Claim Types: see list of patent claims	Use;

Understanding the Scope and Claims of United States Patent 4,753,789

Introduction

United States Patent 4,753,789, hereafter referred to as the '789 patent, is a significant document in the realm of chemical compounds and their applications. This analysis will delve into the details of the patent's scope, claims, and the broader patent landscape in which it resides.

Patent Overview

The '789 patent, titled "Compounds and Pharmaceutical Compositions," was granted on June 28, 1988. Here are some key points about the patent:

• Inventors and Assignees: The patent lists specific inventors and assignees, but for the purpose of this analysis, we focus on the technical and legal aspects.
• Filing and Grant Dates: The patent was filed on October 31, 1985, and granted on June 28, 1988[5].

Claims Analysis

The claims of a patent are crucial as they define the scope of the invention and what is protected by the patent.

Independent Claims

The '789 patent includes several independent claims that describe the core of the invention. Here is an example of an independent claim:

• Claim 1: The patent claims compounds of a specific general formula, where R1 represents a hydrogen atom or a C1-10 alkyl, C3-7 cycloalkyl, etc. These compounds are described in detail, including their structural elements and the variations allowed within the scope of the claim[5].

Dependent Claims

Dependent claims build upon the independent claims and provide additional specificity or limitations. For instance:

• Claim 2: This claim may specify a particular subset of compounds from the general formula provided in Claim 1, such as compounds where R1 is a methyl group or an ethyl group.

Scope of the Invention

The scope of the '789 patent is defined by its claims and the detailed description provided in the specification.

Chemical Compounds

The patent focuses on a class of chemical compounds with specific structural features. These compounds are described in terms of their chemical formulae, synthesis methods, and potential applications.

Pharmaceutical Compositions

The patent also covers pharmaceutical compositions that include these compounds. This includes formulations, dosages, and methods of administration, which are critical for their use in medical treatments.

Patent Landscape

Understanding the patent landscape involves looking at related patents, continuations, and the broader context of similar inventions.

Related Patents

The '789 patent may be part of a larger family of patents that include continuations, continuations-in-part, or divisional applications. For example, if there are other patents that claim priority from the same application or are continuations of this patent, they would be part of the same patent family[1].

Prior Art and Obviousness

The validity of the '789 patent can be challenged based on prior art or obviousness. Prior art refers to existing knowledge or inventions that were publicly known before the filing date of the patent. Obviousness-type double patenting (ODP) is another issue, where claims in a later patent are deemed obvious over earlier patents from the same inventor or assignee[1].

Legal and Regulatory Considerations

Patents are subject to various legal and regulatory frameworks that affect their validity and enforceability.

Patent Term Adjustment (PTA)

The '789 patent, being granted before the America Invents Act (AIA), would have been subject to pre-AIA rules. Patent Term Adjustment (PTA) could have been granted if there were delays during prosecution, but this would not extend the patent term beyond the terminal disclaimer date[1].

Terminal Disclaimers

Terminal disclaimers are often used to overcome ODP rejections. If the '789 patent or its family members faced ODP issues, terminal disclaimers might have been filed to ensure that the patents did not extend beyond the expiration date of the earliest patent in the family[1].

Practical Implications

For innovators and practitioners, understanding the '789 patent has several practical implications:

Patent Drafting

When drafting new patent applications, it is crucial to consider the scope and claims of existing patents like the '789 patent. This helps in avoiding infringement and ensuring that new claims are novel and non-obvious over prior art[4].

Licensing and Litigation

The '789 patent could be a valuable asset for licensing or could be involved in litigation if its claims are infringed upon. Understanding its scope and validity is essential for making strategic decisions in these areas.

Examples and Statistics

To illustrate the significance of the '789 patent, consider the following:

• Industry Impact: Patents like the '789 patent have contributed significantly to the development of pharmaceuticals. For instance, compounds protected by this patent might have been used in various medical treatments, impacting patient outcomes and healthcare costs.
• Statistical Analysis: The USPTO's Patent Claims Research Dataset can provide insights into the scope and impact of patents like the '789 patent. This dataset includes detailed information on claims from US patents granted between 1976 and 2014, which can help in analyzing trends and the broader patent landscape[3].

Key Takeaways

• Claims and Scope: The '789 patent protects specific chemical compounds and pharmaceutical compositions, defined by its independent and dependent claims.
• Patent Landscape: Understanding related patents, prior art, and obviousness is crucial for assessing the validity and enforceability of the '789 patent.
• Legal Considerations: The patent is subject to legal frameworks such as PTA and terminal disclaimers, which affect its term and validity.
• Practical Implications: The patent's scope and claims have significant implications for patent drafting, licensing, and litigation.

FAQs

1. What is the main subject matter of the '789 patent?

   • The '789 patent primarily deals with specific chemical compounds and their pharmaceutical compositions.

2. How are the claims structured in the '789 patent?

   • The patent includes independent claims that define the core of the invention and dependent claims that provide additional specificity.

3. What is the significance of Patent Term Adjustment (PTA) for the '789 patent?

   • PTA could have been granted for delays during prosecution, but it does not extend the patent term beyond the terminal disclaimer date.

4. How does the '789 patent fit into the broader patent landscape?

   • It may be part of a larger family of patents, and its validity can be challenged based on prior art or obviousness.

5. What are the practical implications of the '789 patent for innovators and practitioners?

   • It affects patent drafting, licensing strategies, and potential litigation involving infringement claims.

Sources

1. In re Cellect - United States Court of Appeals for the Federal Circuit
2. Patent 2573241 Summary - Canadian Patents Database
3. Patent Claims Research Dataset - USPTO
4. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
5. US-4753789-A - Unified Patents Portal

Drugs Protected by US Patent 4,753,789

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
No data available in table

Foreign Priority and PCT Information for Patent: 4,753,789

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
United Kingdom	8516083	Jun 25, 1985

International Family Members for US Patent 4,753,789

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	609028
Australia	616386
Australia	6703786
Australia	8191487
Austria	134510
Austria	395374
Austria	A312587