Process patent protection via the
analysis of natural-abundance
stable isotopes has been demonstrated as an approach to extend the
effective life of bio/pharmaceutical patents. The high specificity
of isotope ratio analysis compared to other approaches (for example,
concentrations of organic impurities or trace metals) allows the isotopic
analysis to differentiate processes that were not previously resolvable
by less precise analytical methods. Here we summarize the rationale
for, and some selected case studies of, this emerging field. We review:
(i) the systematics of stable isotope chemistry, (ii) approaches to
instrumental analysis of stable isotopes, (iii) the biogeochemical
origin of stable isotopic fingerprints, (iv) equilibrium versus kinetic
isotope effects on those fingerprints, (v) categories of application
of process patent protection, and (vi) case histories of application.
The three reviewed cases include one of nutraceutical false advertising,
one of a small molecule antibiotic drug product infringement, and
one of wrongful accusation of human drug product infringement, which
protected these bio/pharmaceutical products against patent infringement.
Finally, we briefly preview some new applications of stable isotopic
analysis in the bio/pharmaceutical field including analysis of biologic
drugs, continuous monitoring of drug reaction processes, and isotopically
directed synthesis.