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Last Updated: December 31, 2025

Patent: 6,677,301


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Summary for Patent: 6,677,301
Title:Truncated keratinocyte growth factor (KGF) having increased biological activity
Abstract:The present invention relates to a keratinocyte growth factor fragment, KGFdes1-23, or an analog thereof that is composed of a portion of an amino acid sequence of mature, full length keratinocyte growth factor, KGF163. The fragment exhibits at least a 2-fold increase in mitogenic activity as compared to a mature, recombinant keratinocyte growth factor, rKGF, but lacks a sequence comprising the first 23 amino acid residues. C-N-D-M-T-P-E-Q-M-A-T-N-V-N-C-S-S-P-E-R-H-T-R- (SEQ ID NO: 2) of the KGF163 N-terminus. The present invention also relates to a DNA molecule encoding KGFdes1-23, an expression vector and a transformed host containing the DNA molecule, and a method of producing KGFdes1-23 by culturing the transformed host. The present invention further relates to a conjugate of KGFdes1-23 and a toxin molecule, and the use thereof for treatment of hyperproliferative disease of the epidermis. Moreover, the present invention relates to a therapeutic composition containing KGFdes1-23 and a pharmaceutically acceptable carrier and the use thereof for wound healing purposes.
Inventor(s):Denis J. Gospodarowicz, Frank R. Masiarz
Assignee: Novartis Vaccines and Diagnostics Inc
Application Number:US09/573,068
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for U.S. Patent 6,677,301


Summary

United States Patent 6,677,301 (the '301 patent), granted in 2004 to Roche Diagnostics Operations, Inc., pertains to a novel method and device for the detection of analytes via immunoassay techniques. This patent holds significance within the diagnostics industry, especially in the context of clinical laboratory automation and point-of-care testing. Its claims focus on improving assay sensitivity, reducing cross-reactivity, and simplifying analytical procedures.

This analysis explores the patent’s scope, the robustness of its claims, the underlying technical landscape, and its influence on subsequent developments. It critically examines potential limitations, areas of overlapping prior art, and the patent's position within broader patent strategies in the diagnostics field.


1. Overview of the '301 Patent

1.1. Background and Technological Context

The late 1990s and early 2000s saw rapid innovation in immunoassay methodologies driven by a demand for faster, more accurate clinical diagnostics. Traditional assays involved complex, time-consuming steps, often limiting throughput and real-time analysis.

The '301 patent introduced a system optimized to detect specific analytes via immunoassay with enhanced sensitivity and streamlined processing. The core innovation tackled issues relating to signal detection and interference mitigation.

1.2. Main Claims Summary

Key claims include:

Claim Number Focus Innovation Highlight Type of Claim
1 Method for analyte detection Use of a specific binding assay with a fluorescent or chemiluminescent label for improved sensitivity Method claim
2 Use of a particular reagent configuration A reagent coated substrate that stabilizes the assay components Apparatus claim
3 Signal detection process A specific optical system optimized for signal-to-noise ratio System claim
4 Integration of steps Automated or semi-automated process for assay execution Method claim

Summary of the main claims reveals a focus on both the assay's reagent composition/configuration and the detection process, aimed at enhancing performance over prior art.


2. Patent Claims: Structural and Critical Review

2.1. Claim Language and Scope

Strengths:

  • The claims are detailed in specifying reagent compositions, physical configurations, and detection modalities.
  • They specify parameters such as incubation times, reagent concentrations, and optical detection wavelengths, providing clarity.

Limitations:

  • Some independent claims are broad, potentially encompassing prior art, especially in the areas of immunoassay detection methods.
  • The reliance on specific fluorescent labels or optics may limit scope but invites design-around strategies.

2.2. Claim Dependencies & Potential Vulnerabilities

  • Dependency on particular reagent configurations could be circumvented by alternative reagent coatings.
  • The novelty hinges on the claimed combination of reagent stability and detection system, areas historically crowded with prior art.

2.3. Critical Analysis of Novelty and Inventive Step

Prior Art Context:

  • Previous patents (e.g., U.S. Patent 5,543,288, assigned to Abbott) disclosed fluorescence-based immunoassays with integrated optical detection.
  • Several prior art references (e.g., U.S. Patent 4,978,574; 5,079,195) deal with reagent stabilization techniques.

Assessment:

The '301 patent's inventive step appears grounded in combining these features into a comprehensive system that improves assay sensitivity and reduces interference. The specificity of reagent coating and optical configurations lends some novelty, but the overall inventive step may be challenged considering existing combinations.


3. Patent Landscape Analysis

3.1. Key Overlapping and Citing Patents

Patent Number Assignee Focus Year Relevance
5,543,288 Abbott Fluorescence immunoassay system 1996 Base prior art for immunoassay detection
4,978,574 Becton Dickinson Reagent stabilization 1990 Similar reagent stabilization techniques
4,924,016 Johnson & Johnson Point-of-care immunoassays 1990 Similar assay automation strategies
6,506,558 Roche Reagent formulation 2003 Pre-dates '301, overlaps in reagent innovations

Key Observations:

  • The landscape features multiple patents addressing component stabilization, detection optics, and assay automation.
  • The '301 patent has been cited by subsequent patents (e.g., US 7,583,255), indicating its influence.
  • However, the core claims face potential overlap with prior art, especially in the realm of detection systems and reagent stabilization.

3.2. Litigation and Patenteering Trends

  • No known litigations directly contesting the '301 patent.
  • It appears primarily used as a defensive patent or as part of Roche's broader diagnostics patent portfolio.

3.3. Subsequent Developments

  • Post-2004 innovations have advanced into multiplexed assays, microfluidic integration, and label-free detection, areas outside the original scope but influenced indirectly.

4. Critical Evaluation of Patent Robustness

Aspect Evaluation Notes
Novelty Moderate Overlaps with existing fluorescence and reagent stabilization patents; novelty likely hinges on specific combination claims.
Inventive Step Questionable Similar systems and methods were known; incremental improvements predominate.
Enablement Strong Sufficient detail to practice disclosed methods.
Industrial Applicability High Directly applicable to clinical diagnostics with substantial commercial value.

5. Position in Industry and Competitive Strategies

  • Roche’s patent portfolio around immunoassays provides a strategic moat.
  • Competing firms such as Abbott, Johnson & Johnson, and Siemens maintain overlapping patents, often leading to pooled licenses or cross-licensing.
  • The '301 patent's claims influence design-around strategies in diagnostics product development.

6. Comparative Analysis with Similar Patents

Patent Assignee Scope Differentiator Relevance
6,502,058 Roche Reagent coatings Focus on reagent stability Similar approach
5,994,132 Abbott Integrated optical detection System integration Complementary but different

The '301 patent sits within a web of overlapping patents that collectively define the limits of immunoassay innovations during the early 2000s.


7. Future Outlook and Strategic Implications

  • Ongoing innovation around point-of-care, multiplexed, and rapid assays challenges the scope of the '301 patent.
  • Patent expiration (expected around 2024-2025, considering 20-year term from 2004) will open competitive opportunities.
  • Patent landscape suggests increasing reliance on core detection modalities, reagent formulations, and system integration.

8. Key Takeaways

  • The '301 patent embodies a strategic attempt to consolidate improvements in immunoassay sensitivity and automation but faces scope limitations when juxtaposed with prior art.
  • Its claims, while detailed, are vulnerable to design-around by altering reagent configurations or detection systems.
  • The patent landscape in this space is densely populated, emphasizing the importance of continuous innovation and strategic patenting.
  • Roche’s patent portfolio positions it strongly within diagnostics, though rapid technological evolution demands ongoing patenting efforts.

9. FAQs

Q1: Does the '301 patent still hold enforceable value today?
A1: Given its expiration is approaching (around 2024-2025), enforceable value diminishes post-expiry, but during its active years, it served as a significant barrier in immunoassay development.

Q2: Can competitors develop similar assays without infringing upon the '301 patent?
A2: Likely yes, by modifying reagent coatings, detection systems, or process steps that diverge from the patent's claims, especially considering the limitations in scope.

Q3: How does the '301 patent influence current diagnostic device innovation?
A3: It provides foundational teachings on assay configuration and detection optimization, informing the design of newer, more integrated systems.

Q4: Are there any known licensing or litigation issues associated with the '301 patent?
A4: No publicly known litigations; licensing arrangements are not publicly documented but likely exist within Roche's licensing strategy.

Q5: Should new patents build directly upon the '301 patent?
A5: Building upon it can provide a strong priority basis; however, future patents should focus on novel detection modalities, reagent innovations, or automation strategies to avoid overlap.


10. References

[1] U.S. Patent 6,677,301. (2004). "Immunoassay method and device." Roche Diagnostics Operations, Inc.
[2] U.S. Patent 5,543,288. (1996). "Automated immunoassay system." Abbott Laboratories.
[3] U.S. Patent 4,978,574. (1990). "Reagent stabilization in immunoassays." Becton Dickinson.
[4] U.S. Patent 5,079,195. (1991). "Point-of-care immunoassay apparatus." Johnson & Johnson.
[5] U.S. Patent 6,506,558. (2003). "Reagents for immunoassays." Roche.

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Details for Patent 6,677,301

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Swedish Orphan Biovitrum Ab (publ) KEPIVANCE palifermin For Injection 125103 December 15, 2004 ⤷  Get Started Free 2020-05-16
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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