227 th ACS National Meeting Anaheim, CA 28 March 2004

MMS

Merged Markush Service The Questel•Orbit Alternative for Chemical Information

Elliott Linder, Questel•Orbit Joe Terlizzi, Questel•Orbit

Scenario

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?

N N O N N S O O

Scenario

•

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?

Search

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 O O N N N

Search

•

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?

MMS 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

FRONTF MPHARM WPIM BACKF

MMS 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

FRONTF MPHARM WPIM BACKF

N G 1

Link to bibliographic files

Markush query CN link AN 1

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

WPIL biblio file

N R1 S CN 2 R2 R3 CN 4 R1 R2 O CN 1 R1 N R2 CN 3 O R1

CN = Compound Number CN link MMS structure file AN 1

CN 3----------- PN---------------

Patent retrieval PHARM biblio file

Link to bibliographic files

FRONTF

CN YYWW-CCCSS

WPIL WPIM

CN YYMMXXXX-NN

MPHARM BACKF

MMS STRUCTURE FILE

2 CN formats

PHARM

BIBLIOGRAPHIC FILES

MMS Search

Structure Searching Steps: 1.

2.

Open Imagination or STN Express .

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

3.

4.

Verify and exit query input.

REtrieve candidates. Candidates contain fragments of the queried structure.

5.

6.

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

Cross to Questel·Orbit bibliographic system.

Verifying MMS Structure using Imagination

Steps 2 & 3

Step 4

MMS Search

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

Step 5

MMS Search

When AA search is conducted, one answer is found.

Search

Step 6 Compound number is transferred to the PHARM database. PHARM record is as follows: Indicates known structure; further investigation required

AN - 83115153 CN - ***83115153-01-K***; ***83115153-01-T***; ***83115153-01 U*** PN -

US4415585

-

1983

1115 [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-031/53 IC2 - A61K-031/415 ET - Contraceptive method.

Search

Pharm record –cont’d

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.

Analysis

• • • 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.

N N O N N S O O

Analysis

• • • 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.

Analysis

• • • •

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?

Analysis

• • • 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

.

Analysis

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

.

CPIM PN - US4415585 A 19831115 [US4415585] FAMSTAT format. (PlusPat record edited for brevity.) 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

Analysis

• • • 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.

Conclusions

• • •

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.