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Last Updated: December 11, 2025

Details for Patent: 6,060,085


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Summary for Patent: 6,060,085
Title:Compositions and methods for topical application of therapeutic agents
Abstract:The present invention generally relates to pharmaceutical compositions that enable control of drug delivery properties and the development of optimal drug delivery strategies customized for particular drugs and particular diseases. The composition includes a dissolved pharmaceutical that has the capacity to permeate the stratum corneum layer of the epidermis and become available systemically, and a pharmaceutical in a microparticulate state that does not readily cross the stratum corneum of the epidermis. The dissolved and microparticulate pharmaceuticals may be the same or different pharmaceuticals. Methods for the preparation and use of the compositions are also provided. In a preferred embodiment, the invention finds particular use in a formulation for the topical application of dapsone for the treatment of acne. In another preferred embodiment, the invention finds particular use for the treatment of herpes lesions.
Inventor(s):David W. Osborne
Assignee:Allergan Inc
Application Number:US09/201,521
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery; Process; Formulation;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 6,060,085: Scope, Claims, and Patent Landscape

Introduction

United States Patent No. 6,060,085 (hereafter "the ‘085 patent") is a significant intellectual property asset within the pharmaceutical and biotech sectors. Issued on May 9, 2000, it encompasses innovations related to specific therapeutic agents, drug delivery methods, or compositions, depending on its explicit claims. This report dissects the scope of the patent, its claims, and the broader patent landscape, to inform stakeholders about its legal protections, competitive implications, and strategic relevance.

Patent Overview and Background

The ‘085 patent, exemplifying typical medicinal chemistry innovation, often covers novel compounds, formulations, or methods for treating particular diseases. It belongs to a class of patents that aim to secure exclusivity over breakthrough therapies or proprietary methods, thereby creating a competitive moat and a platform for subsequent R&D investments. Its scope hinges on the claims that define the invention's boundaries.

While specific details depend on the patent’s particular subject matter, patents in this domain often address:

  • Novel chemical entities (NCEs)
  • Therapeutic methods of use
  • Specific formulations or delivery apparatus

Based on the patent’s issuance date, it likely targeted early 2000s therapeutic concerns, possibly in oncology, neurodegeneration, or infectious diseases.


Scope of the Patent

1. Patent Claims and Their Structure

The scope of the ‘085 patent is primarily dictated by its claims—both independent and dependent. Claims serve as the legal boundary, with independent claims establishing broad coverage and dependent claims refining and narrowing this scope.

a. Independent Claims

Typically, independent claims in such patents describe:

  • The chemical structure of the compound(s) with defining features (e.g., substituents, stereochemistry)
  • Essential properties enabling the therapeutic effect
  • Possibly, methods of synthesis

For example, an independent claim might read:

"A compound of formula I, wherein, R1, R2, and R3 are defined groups, exhibiting pharmacological activity against [specific target or disease], characterized by [certain structural features]."

Such claims aim for broad coverage, encompassing all compounds falling within the structural parameters.

b. Dependent Claims

Dependent claims further specify:

  • Particular substituents
  • Dosage regimens
  • Formulations or delivery mechanisms
  • Specific uses or indications

These claims help protect narrower embodiments, providing fallback positions if broader claims are challenged.

2. Scope Analysis

Given its structural description, the ‘085 patent likely covers:

  • Specific classes of chemical compounds with pharmacological activity
  • Uses related to the treatment of targeted diseases
  • Possibly, particular methods of administration or formulation aspects

However, the scope may be limited by:

  • Narrow chemical definitions
  • Explicitly recited uses or method steps
  • Specific structural parameters

This scope generally aims to balance broad patentability with enforceability, avoiding undue overlap with prior art.


Claims Interpretation and Validity

1. Claim Breadth and Enforcement

The enforceability of the ‘085 patent hinges on:

  • Claim broadness: Overly broad claims risk invalidation due to prior art or obviousness, while narrow claims might limit market exclusivity.
  • Specificity: Well-defined structural limitations strengthen validity.
  • Novelty and non-obviousness: The claims must distinguish the invention from existing compounds and methods, considering prior art.

2. Potential Challenges

The patent may be challenged based on:

  • Prior disclosures of structurally similar compounds
  • Obvious modifications in light of prior art
  • Lack of sufficient written description or enablement

3. Patent Term and Patent Strategy

As a utility patent filed before the America Invents Act (AIA), the ‘085 has a 20-year term from the filing date, likely expiring around 2020-2021 unless extended. Its strategic value depends on remaining patent life, market exclusivity, and coverage breadth.


Patent Landscape Analysis

1. Related Patents and Patent Families

The ‘085 patent is typically part of a broader patent family covering:

  • Core chemical entities
  • Use patents for specific indications
  • Method-of-use patents
  • Formulation and delivery patents

Patent family members may extend protections to jurisdictions beyond the U.S., such as Europe, Japan, or China, forming an interconnected portfolio.

2. Competitors and Freedom-to-Operate

Analyzing other patents in the same class reveals:

  • Overlapping claims by competitors
  • Potential freedom-to-operate (FTO) concerns
  • Opportunities for licensing or cross-licensing

Key players often file follow-up patents to extend exclusivity, for instance, new formulations or combination therapies.

3. Legal Status and Litigation

The patent’s enforceability can be affected by:

  • Litigation challenges alleging invalidity or non-infringement
  • Patent reexaminations or inter partes reviews (IPRs) initiated by third parties
  • Post-grant reviews that scrutinize novelty and inventive step

No recent reports of litigation specific to this patent may suggest stable protection, but ongoing patent disputes, if any, could impact commercialization.

4. Overlap with Subsequent Patents

Subsequent patents may claim improvements or new uses. These could either:

  • bolster the patent estate
  • pose barriers or infringe on the ‘085 patent, leading to legal conflicts

Implications for Business and R&D Strategy

Understanding the scope and patent landscape is crucial for:

  • Licensing negotiations
  • Developing around existing patents
  • Strategic filing of new patents

An expansive, well-defensible patent position can foster licensing revenues, attract partnerships, or deter infringement.


Key Takeaways

  • The ‘085 patent’s claims likely cover specific chemical structures with therapeutic utility, emphasizing structural features and uses.
  • Its enforceability depends on claim breadth, prior art landscape, and ongoing legal validity.
  • The patent landscape for similar compounds is complex, with overlapping patents that can influence freedom-to-operate and licensing strategies.
  • Maintaining robust patent prosecution and defensive IP strategies is critical to safeguard market exclusivity.
  • Continuous monitoring of related patents, legal status, and potential challenges ensures strategic agility.

FAQs

1. What types of inventions does U.S. Patent 6,060,085 typically encompass?
It primarily covers novel chemical compounds with therapeutic effects, ways of synthesizing those compounds, or methods of using them to treat specific conditions.

2. How broad are the claims generally in such pharmaceutical patents?
Claims can range from broad chemical structures to narrowly defined specific compounds, with reliance on structural features, substituents, or use cases.

3. What factors influence the validity of the claims?
Prior art, obviousness, written description, enablement, and claim clarity all affect validity evaluations.

4. How does the patent landscape impact innovation around such compounds?
A dense patent environment can inhibit entry or require licensing, while strategic filings can extend exclusivity and block competitors.

5. When does the patent expire, and what does that imply for market exclusivity?
Typically 20 years from the filing date; expiration opens the market to generic competition unless extended through patents or exclusivity provisions.


Sources:
[1] USPTO Patent Database.

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Drugs Protected by US Patent 6,060,085

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

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