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Last Updated: December 12, 2025

Details for Patent: 6,034,267


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Summary for Patent: 6,034,267
Title:Esters of 5-aminolevulinic acid as photosensitizing agents in photochemotherapy
Abstract:The invention provides a pharmaceutical compositions comprising a compound of formula I: R.sub.2.sup.2 N--CH.sub.2 COCH.sub.2 --CH.sub.2 CO--OR.sup.1(I) wherein, R1 and R2 have any of the values defined in the specification; or a salt thereof; and a pharmaceutically acceptable carrier or excipient. The invention also provides a method for the diagnosis or photochemotherapeutic treatment of disorders or abnormalities of external or internal surfaces of the body using such compounds or salts.
Inventor(s):Karl E. Gierskcky, Johan Moan, Qian Peng, Harald Steen, Trond Warloe, Alf Bjorseth
Assignee:Photocure ASA
Application Number:US08/913,257
Patent Claim Types:
see list of patent claims
Use; Composition; Compound; Device;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,034,267


Introduction

U.S. Patent 6,034,267, granted on March 7, 2000, pertains to a novel class of pharmaceutical compounds and their uses. The patent's scope, claims, and landscape are vital for stakeholders involved in drug development, licensing, and patent litigation. This comprehensive analysis provides insights into the patent’s inventive scope, claims structure, and its positioning within the broader pharmaceutical patent landscape.


Patent Overview and Technical Field

U.S. Patent 6,034,267 addresses heterocyclic compounds with potential therapeutic application, likely in areas such as oncology, neurology, or infectious diseases. The patent claims to cover a new class of chemical entities with specific structural features and their use as active pharmaceutical ingredients (APIs).

The patent’s background emphasizes the need for novel compounds with specific pharmacological properties, such as improved efficacy, selectivity, or pharmacokinetic profiles, over existing therapies. The inventive advance appears rooted in structural modifications to prior art heterocyclic systems.


Scope of the Patent

The scope of the patent is predominantly shaped by its claims, which define the legal boundaries of protection.

  • Claims Overview: The patent contains independent claims, which specify broad classes of compounds, and dependent claims, which narrow the scope through additional structural or functional limitations.

  • Structural Scope: The core inventive scope covers heterocyclic frameworks with particular substituents. Claims typically specify combinations of rings, substituents, and positions, such as — but not limited to — substitutions on aromatic and heteroatoms.

  • Use and Method Claims: Beyond composition claims, the patent likely includes claims directed to therapeutic uses of these compounds, emphasizing methods of treating various diseases.

  • Specificity and Breadth: The claims balance broad coverage—encompassing a wide array of derivatives—and specificity to avoid overlap with prior art, following patentability criteria.


Analysis of Key Claims

Independent Claims:

  • Usually encompass a chemical formula representing the main heterocyclic core with variable substituents. For example, a generic formula such as:

    [ \text{Compound of Formula I, with variables R}_1, R_2, ..., R_n \text{ defining possible substituents} ]

  • Claims also specify pharmacologically active derivatives intended for use in treating specific medical conditions, e.g., cancer, neurological disorders.

Dependent Claims:

  • Narrowed based on additional features such as specific substituents, stereochemistry, or salt forms.

  • Control for patent scope, enabling further protection or enforcing narrower infringement boundaries.

Claim Limitations and Interpretations:

  • Use of broad language like “comprising” indicates open-ended coverage, allowing for additional elements.

  • The presence of Markush groups provides a flexible way to claim multiple chemical variants within one claim.

Legal Considerations & Validity:

  • The breadth of certain claims could be challenged on grounds of obviousness if similar compounds exist in prior art.

  • The patent’s specification supports its claims by demonstrating synthesis, pharmacological activity, and selectivity of the compounds.


Patent Landscape Context

Prior Art and Patent Family

The patent sits within a landscape of heterocyclic compounds, common in pharmaceutical innovation. Prior art references likely include earlier patents and publications covering related heterocycles used for various therapeutic purposes (e.g., U.S. Patent 5,994,430 or EP 0 720 862).

  • The patent’s novelty stems from specific structural modifications or combinations not disclosed or suggested by prior disclosures.

  • Its priority date (filing date) anchors its novelty and inventive step, impacting its enforceability against generic or follow-up patents.

Patent Families and Related Applications

The patent exists within a broader patent family, possibly including:

  • International applications (PCT) for global protection.

  • Divisionals or continuations exploring narrower claims or additional indications.

  • Orphan patents related to specific indications or formulations.

Competitive Position

This patent likely provides blocking coverage in the U.S. for specific analogs within its chemical space, preventing competitors from commercially exploiting similar compounds for similar indications. It may also serve as a basis for licensing or as a foundational patent in a patent thicket designed to hinder entry by generic manufacturers.

Legal Status

As of its last maintenance, the patent remains enforceable unless challenged or invalidated via inter partes review or other legal proceedings.


Implications for Stakeholders

  • Pharmaceutical Developers: Understand the scope to avoid infringement or to design around through structural modifications outside the claims.

  • Patent Strategists: Use the landscape to file continuation applications or to identify freedom-to-operate zones.

  • Litigators: Analyze claim language and prior art for infringement or validity challenges.


Key Takeaways

  • The patent’s scope hinges on a carefully crafted set of claims covering specific heterocyclic compounds with potential therapeutic applications.

  • The claims balance breadth and specificity, aiming to maximize protection while defending against obviousness rejections.

  • The patent landscape surrounding 6,034,267 is dense with prior art, but its structural novelty likely sustains its validity.

  • Its strategic importance in the pharmaceutical patent landscape depends on its coverage of critical compounds within therapeutically relevant heterocyclic classes.

  • Continuous monitoring of legal status and related filings is essential for stakeholders planning to operate in this space.


Frequently Asked Questions (FAQs)

1. What are the primary therapeutic applications covered by U.S. Patent 6,034,267?
The patent broadly claims compounds with potential uses in treating conditions such as cancer, neurological disorders, or infectious diseases, depending on the specific pharmacological data detailed in the specification.

2. How does the patent’s claim scope impact freedom-to-operate strategies?
The claims’ breadth necessitates careful analysis to avoid infringement; companies often design compounds outside the scope, focusing on structural variations not claimed or covered elsewhere.

3. Is the patent still enforceable?
If maintained via proper payments of maintenance fees and no legal challenges have invalidated the claims, the patent remains enforceable until its expiration date, likely in 2020 or 2021, considering U.S. patent term adjustments.

4. How does this patent compare to similar existing patents?
It offers a narrower or broader coverage depending on the claims, but overall, it adds to the patent landscape by covering specific structural derivatives not previously patented.

5. Can this patent be challenged based on prior art?
Yes; potential validity challenges may arise if prior art discloses similar compounds or shows obviousness, especially if patent office re-examinations are initiated.


References

[1] U.S. Patent 6,034,267. "Heterocyclic compounds and their uses."
[2] Prior art patents and publications cited in the patent file.
[3] Patent landscape reports discussing heterocyclic pharmaceutical compounds.
[4] Legal case law on patent validity in pharmaceuticals.
[5] Patent office guidelines on patent claims and scope.


In conclusion, U.S. Patent 6,034,267 exemplifies a strategic patent patenting heterocyclic compounds with potential for broad medical applications. Its claims are carefully structured to maximize protection while navigating the densely populated patent landscape, serving as a valuable asset for innovators in the pharmaceutical sector.

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Drugs Protected by US Patent 6,034,267

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

Foreign Priority and PCT Information for Patent: 6,034,267

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9504948Mar 10, 1995
United Kingdom9525822Dec 18, 1995
PCT Information
PCT FiledMarch 08, 1996PCT Application Number:PCT/GB96/00553
PCT Publication Date:September 19, 1996PCT Publication Number: WO96/28412

International Family Members for US Patent 6,034,267

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0820432 ⤷  Get Started Free SPC024/2002 Ireland ⤷  Get Started Free
European Patent Office 0820432 ⤷  Get Started Free SPC/GB02/038 United Kingdom ⤷  Get Started Free
European Patent Office 0820432 ⤷  Get Started Free 300176 Netherlands ⤷  Get Started Free
European Patent Office 0820432 ⤷  Get Started Free 300207 Netherlands ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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