11

MMSMMSMerged Markush ServiceMerged Markush Service

The Questel•Orbit Alternative The Questel•Orbit Alternative for Chemical Informationfor Chemical Information

Elliott Linder, Questel•Orbit

Joe Terlizzi, Questel•Orbit

227th ACS National MeetingAnaheim, CA

28 March 2004

22

ScenarioScenario

Hypothetical Pharm X has developed a compound with the structure below, which they are finding to be a useful contraceptive in animal tests. Should they try to patent or commercialize this compound and/or its use?

S

O

N

N

O

O

N

N

33

ScenarioScenario

• What does Pharm X need to know?• Has the compound been documented or

patented, i.e., is the compound really new?

• Is its intended use new?

• If the compound and/or its use have been patented, what is the status of the patent or patents?

44

SearchSearch

Pharm X searchers will want to check the standard chemical structure databases on key vendor systems:

• CAS Registry for exact structure• MARPAT for open substitution on benzene rings or

amino group• Beilstein

S

O

N

N

O

O

N

N

55

SearchSearch

• With patentability and potential infringement at stake, Pharm X also decides to extend their structure search to MMS, the Merged Markush Service from Questel·Orbit.

• But what is MMS?

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MMS Coverage and StructureMMS Coverage and Structure

• Four segments• Front File (FRONTF) –from

Derwent week 9816

• WPIM – 1987-1998

• MPHARM – 1987-1999

• Backfile (BACKF) – 1978-1987 (FR back to 1961)

• The user can choose which segment(s) to search

MPHARM WPIM

BACKF

FRONTF

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MMS Coverage and StructureMMS Coverage and Structure

• Updating MMS• Front File (Derwent) updated

weekly

• Back File now goes back to 1978

• No additional updates of MPHARM from year 2000

MPHARM WPIM

BACKF

FRONTF

88

Link to bibliographic filesLink to bibliographic files

NR1

R2

S R1

R2

O

O

N

R1

R3R2

R1

MMS structure file

PHARM biblio fileWPIL biblio file

CN 1CN 2

AN 1CN 3------------PN---------------

AN 1CN 1--------------PN-----------------

NG1

Markush query

CN link CN link

Patent retrieval

CN 3CN 4

CN = Compound Number

99

Link to bibliographic filesLink to bibliographic files

FRONTF

WPIM

MPHARM

BACKF

WPIL

PHARM

MMS STRUCTURE FILE

BIBLIOGRAPHIC FILES

CN YYWW-CCCSS

CN YYMMXXXX-NN

2 CN formats

1010

MMS SearchMMS Search

Structure Searching Steps:1. Open Imagination or STN Express.

2. Draw query using Query Text (QT) or import structure from Derwent’s Markush Topfrag.

3. Verify and exit query input.

4. REtrieve candidates. Candidates contain fragments of the queried structure.

5. Run an Atom-by-Atom search on RE candidates.

6. Cross to Questel·Orbit bibliographic system.

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Verifying MMS Structure Verifying MMS Structure using Imaginationusing Imagination

Steps 2 & 3

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MMS SearchMMS Search

RE search is conducted first. There are over 35,000 candidates containing structural fragments of the original query.

Step 4

1313

MMS SearchMMS Search

When AA search is conducted, one answer is found.

Step 5

1414

SearchSearch

Compound number is transferred to the PHARM database. PHARM record is as follows:

AN - 83115153CN - ***83115153-01-K***; ***83115153-01-T***; ***83115153-01-U***PN - US4415585 - 19831115 [US4415585]AP - US35716082 19820311 [1982US-0357160]PA - UNIVERSITY OF ILLINOIS FOUNDATION /Urbana/IL (US)IN - JOYCE CATHY L (US)- ZANEVELD LOURENS J (US)IC1 - A61K-031/53IC2 - A61K-031/415ET - Contraceptive method.

Step 6

Indicates known structure; further investigation required

1515

EAB - Use of pyrazolone derivatives of formula (I) wherein A is H, halo, trihalomethyl, lower C1-8 alkyl, -X-OH, -X-CO-R, -X-CO-OR, -X-SO-D,

-X-S-D or -NR1R2; X is a lower (C1-C8) alkylene group; R, R1, and R2 are hydrogen, or the same or different lower alkyl groups, and B, C, and D, which can be the same or different, are phenyl, hydroxyphenyl or lower alkylphenyl, further provided that B and C together can form a chain of formula (II), as contraceptive agents.

- The contraceptive method comprises maintaining in the genital tract of a female mammal a pyrazolone derivative in a concentration effective to inhibit the fertilization of ova. In addition to effectively, inhibiting the enzymes or other sperm components necessary for conception, the compounds used in the method of the invention are advantageous in having low toxic, caustic or irritating properties, so that the contraceptive compositions are suitable for long-term use without adverse side-effects.

SearchSearch

Pharm record –cont’d

1616

AnalysisAnalysis

• The compound number 83115153-01, reveals that the answer is a Markush structure indexed by INPI in 1983.

• The BACKF, produced by INPI, dates back to 1978 for US patents. This structure will not be found in Marpat since it only goes back to 1988.

• The generic structure cannot be searched in Registry. MMS contains both specific and generic structures.

S

O

N

N

O

O

N

N

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• The PHARM record reveals that the retrieved patent contains many possible structures, and contains a variation of our structure, with a methyl group substituted on the fused benzene ring.

• The patent assignee is the University of Illinois Foundation, and the patent was published in 1983. The compound was also used as a contraceptive.

• Therefore, an infringement is possible.

AnalysisAnalysis

1818

Some things we will need to check are:• Are there any family members, meaning

has the patent been applied for and/or granted in any other countries?

• What is the status of these patents, i.e., are they still valid or have they expired or lapsed?

• Are there cited references that reveal any additional prior art about this compound?

• Are there patents citing this patent that give us more information about this compound?

AnalysisAnalysis

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AnalysisAnalysis

• These points are easy to check using the PlusPat database on Questel•Orbit.

• Using the MEM and *MEM commands, the Standardized Patent Number [XPN] is extracted and searched in PlusPat. (Standardization of the all publication, application, and priority numbers on Questel•Orbit simplifies cross-file searching.)

• The FAM command is executed on the publication number, and the FAMSTAT command is used to display the family members and their LEGAL STATUS.

2020

AnalysisAnalysis1/1 PlusPat - (C) QUESTEL-ORBIT- image

CPIM

PN - US4415585 A 19831115 [US4415585]

.

.

1/1 LGST - (C) EPO

PN - US4415585 A 19831115 [US4415585]

AP - US35716082 19820311 [1982US-0357160]

ACT - 19820607 US/AS02-A

ASSIGNMENT OF ASSIGNOR'S INTEREST

OWNER: UNIVERSITY OF ILLINOIS FOUNDATION, A CORP. OF ILL.; EFFECTIVE DATE: 19820310

- 19820607 US/AS02-A

ASSIGNMENT OF ASSIGNOR'S INTEREST

OWNER: JOYCE, CATHY L.; EFFECTIVE DATE: 19820310

- 19820607 US/AS02-A

ASSIGNMENT OF ASSIGNOR'S INTEREST

OWNER: ZANEVELD, LOURENS J. D.; EFFECTIVE DATE: 19820310

- 19920128 US/FP-A [-]

EXPIRED DUE TO FAILURE TO PAY MAINTENANCE FEE

EFFECTIVE DATE: 19911117

UP - 2003-22

 

FAMSTAT format. (PlusPat record edited for brevity.)

2121

AnalysisAnalysis

• The PlusPat record reveals that there are no other family members, and the LGST record that the patent expired in 1991 due to a failure to pay the maintenance fee.

• A citation analysis can be conducted on Questel•Orbit using the FAM command and FAMCITE display, that contains:

• All patent families citing the source patent family• All patents families cited in the source patent family

• The citation analysis can be helpful in finding additional prior art.

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ConclusionsConclusions

• In this hypothetical scenario, Pharm X has a potential opportunity due to the expiration of the patent retrieved.

• In general, no single resource is sufficiently comprehensive on its own.

• As many resources as possible should be searched for prior art and infringement.