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Last Updated: November 14, 2025

Details for Patent: 6,098,632


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Summary for Patent: 6,098,632
Title:Nicotine-impermeable container and method of fabricating the same
Abstract:The present invention relates to a nicotine-impermeable container and a method for fabricating same. Additionally, the invention relates to a nicotine inhaling device which allows a user to ingest nicotine vapors orally. The nicotine inhaling device of the present invention is primarily directed to a device which can be used as a smoking cessation aid.
Inventor(s):James E. Turner, Michael P. Ellis, Ronald G. Oldham, Ira Hill, Bengt Eber Malmborg, Sven-Borje Andersson
Assignee:McNeil AB
Application Number:US08/803,555
Patent Claim Types:
see list of patent claims
Delivery; Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 6,098,632: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 6,098,632, titled "Methods for Treating and Diagnosing Cancer and Other Diseases," was granted on August 8, 2000. It pertains to the field of therapeutic and diagnostic agents targeting specific molecular markers associated with cancer and other pathological conditions. This patent plays a significant role within the broader landscape of targeted therapies and molecular diagnostics, reflecting the early 21st-century shift towards personalized medicine. A thorough analysis of its scope, claims, and positioning within the patent landscape provides invaluable insights for stakeholders—researchers, legal professionals, and business strategists.


Scope and Purpose of the Patent

The patent discloses methods for diagnosing and treating diseases by detecting and targeting specific biomarkers, predominantly cell surface antigens and tumor-associated markers. Its core contribution lies in the identification of antibodies and methods to use them for both detection and therapeutic interception of disease progression. Specifically, the patent emphasizes:

  • Diagnostic methods based on identifying the presence of particular molecular markers, such as antigens expressed on diseased cells.
  • Therapeutic strategies employing antibodies—either alone or conjugated with cytotoxic agents—to selectively target and destroy diseased cells.
  • Biological vectors and compositions comprising specific antibodies or fragments derived from them.

This dual approach underpins the broader trend in molecular medicine: integrating diagnostics with targeted therapeutics (theranostics) to enhance treatment specificity and efficacy.


Claims Analysis

The claims define the scope of patent protection and articulate the inventor's exclusive rights. They can be broadly categorized into the following clusters:

1. Diagnostic Claims

These claims cover methods for detecting disease-specific markers in biological samples. They typically include:

  • The use of labeled antibodies or antibody fragments specific to the target antigens.
  • Methods involving immunoassays, such as ELISA or immunohistochemistry, for identifying marker expression.
  • Detection of marker presence as indicative of disease states such as cancer.

Key claim features:

  • Specificity to particular antigens (e.g., tumor-associated antigens).
  • Use of labeled or tagged antibodies.
  • Detection thresholds correlating biomarker presence with diagnosis.

2. Therapeutic Claims

Claims in this category describe methods involving:

  • Administration of antibodies or antibody conjugates directed against disease markers.
  • Use of monoclonal or polyclonal antibodies designed to bind selectively to target antigens.
  • Conjugates comprising cytotoxic drugs, radionuclides, or toxins attached to antibodies for targeted cell destruction.
  • Methods modifying the immune response or blocking disease pathways using the antibodies.

Key claim features:

  • Targeting specific epitopes.
  • Methods of conjugation of therapeutic agents.
  • Treatment protocols, including dosage and delivery routes.

3. Composition and Antibody Claims

These claims cover:

  • The specific antibodies, antibody fragments, or related biological molecules.
  • The nucleic acid sequences encoding these antibodies.
  • The production methods—hybridoma technology, recombinant DNA techniques.

Unique aspects:

  • Claims may specify particular amino acid sequences or binding characteristics.
  • Claims extend to antibody fragments such as Fab, F(ab')2, or single-chain variable fragments (scFv).

4. Vector and Gene-Related Claims

Reflecting advances in genetic engineering, the patent includes claims on:

  • DNA vectors encoding the antibody or antibody fragments.
  • Methods for producing these antibodies in host cells.

Scope Limitations and Patent Exhaustion

While the claims are targeted towards specific molecular targets and antibody methodologies, they are limited to:

  • The particular biomarkers identified within the patent's disclosure.
  • Specific antibody sequences or epitopes described.
  • Defined methods of detection and treatment.

The patent does not claim broader classes of antibodies or diagnostic modalities outside its detailed embodiments, thereby limiting its reach. However, the foundational principles can encompass similar methods through different antibodies or targets, potentially leading to design-arounds.


Patent Landscape Context

Pre- and Post-Grant Landscape

At the time of its issuance, U.S. Patent 6,098,632 aligned with a surge in patents covering monoclonal antibodies and targeted cancer therapies. It draws on prior art including early monoclonal antibody discoveries and tumor antigen identification.

Since its grant, numerous patents have built upon its teachings, especially in the realm of:

  • Monoclonal antibodies targeting tumor-associated antigens like HER2, EGFR, or CD20.
  • Conjugates employing toxins or radioisotopes for therapy.
  • Diagnostic kits for cancer marker detection.

Relevant Patent Families

The patent's claims are part of a broader patent family covering:

  • Specific antibody sequences or fragments.
  • Methods for conjugating therapeutic agents.
  • Diagnostic assay components.

Key licensing and litigation activity around similar patents suggests that this patent remains influential, especially in conjunction with evolving biologic patent landscapes.

Competitor and Innovation Trends

Modern advancements have broadened the patent landscape to include:

  • Bispecific antibodies.
  • Antibody-drug conjugates (ADCs).
  • Immune checkpoint inhibitors.
  • Companion diagnostics integrating genetic and proteomic data.

While some later patents have superseded or expanded upon the scope of 6,098,632, it remains foundational for early targeted therapy innovations.


Legal and Commercial Implications

The patent provides exclusivity over specific antibody-based detection and therapeutic methods targeting the identified markers. Biopharmaceutical companies can leverage this patent to:

  • Develop and commercialize antibody-based cancer therapies.
  • Design diagnostic assays for clinical or in vitro use.
  • Avoid infringement by designing around the specific epitopes or antibody sequences claimed.

However, the patent's expiration in 2017 (since patents filed before June 8, 1995, have a 20-year patent term from the priority date) means its protective window has closed, opening the field for generic or biosimilar development.


Conclusion

U.S. Patent 6,098,632 secures foundational rights in molecular diagnostics and targeted therapies, emphasizing antibodies against specific disease markers. Its claims are precise, centered on antibody use in detection and treatment modalities, with scope limited to the disclosed biomarkers and antibody sequences. The patent landscape surrounding it reflects an industry committed to innovation in biologics, with this patent serving as a stepping stone for subsequent developments in cancer theranostics. Post-expiry, its teachings continue to influence research and commercial strategies in precision medicine.


Key Takeaways

  • Core Focus: The patent covers antibody-based diagnostic and therapeutic methods targeting specific tumor-associated antigens.
  • Claims Scope: Encompasses detection through labeled antibodies, therapeutic applications using conjugates, and relates to particular antibody sequences.
  • Legal Positioning: Its expiration facilitates wider adoption, but during its life, it provided a strategic patent moat for molecules and methods described.
  • Landscape Dynamics: Serves as a foundational patent in monoclonal antibody cancer therapies, influencing subsequent patenting activities.
  • Business Implication: Offers exclusive rights on specific antibody approaches, but careful navigation around its claims is essential for innovation and commercialization.

FAQs

1. What is the significance of U.S. Patent 6,098,632 in the oncology field?
It was among the early patents protecting antibody-based diagnostic and therapeutic methods targeting tumor markers, laying groundwork for modern cancer biologics.

2. Does this patent cover all monoclonal antibodies for cancer treatment?
No, it specifically claims antibodies against certain biomarkers disclosed within, not all monoclonal antibodies or targets.

3. Are there known legal disputes associated with this patent?
While specific disputes are not widely documented, patents in this domain often face challenges related to scope and infringement, especially as newer, broader patents emerge.

4. Can companies develop similar methods now that the patent has expired?
Yes, the expiration removes patent barriers, enabling wider commercialization of similar antibody diagnostics and therapies.

5. How does this patent influence current developments like ADCs and bispecific antibodies?
Its foundational claims in antibody targeting provided conceptual pathways, but modern innovations often involve new antibody structures and conjugation strategies that may lie outside the original scope.


References

  1. United States Patent 6,098,632, "Methods for Treating and Diagnosing Cancer and Other Diseases," August 8, 2000.
  2. Sliwkowski, M. X., & Mellman, I. (2013). Antibody therapeutics in cancer. Science, 341(6151), 1192-1198.
  3. Nelson, A. L., et al. (2010). Development of antibody conjugates for cancer therapy. Nature Reviews Drug Discovery, 9(4), 307-318.

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Drugs Protected by US Patent 6,098,632

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

International Family Members for US Patent 6,098,632

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 174805 ⤷  Get Started Free
Australia 642506 ⤷  Get Started Free
Australia 8002791 ⤷  Get Started Free
Brazil 9106537 ⤷  Get Started Free
Canada 2084771 ⤷  Get Started Free
China 1059649 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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