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Last Updated: March 26, 2026

Details for Patent: 6,113,938


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Summary for Patent: 6,113,938
Title:Beneficial agent delivery system with membrane plug and method for controlling delivery of beneficial agents
Abstract:An osmotic delivery system for controlled delivery of a beneficial agent includes an implant capsule containing a beneficial agent and an osmotic agent which swells on contact with water causing the release of the beneficial agent over time. The osmotic delivery system has a membrane plug which allows water to pass through the plug from an exterior of the capsule while preventing the compositions within the capsule from passing out of the capsule. A delivery rate for delivery of the beneficial agent from the implant capsule is controlled by varying a core diameter of the membrane plug within a constant diameter capsule. The membrane plug has a variable water permeation rate depending on an extent to which the membrane plug is constrained by the capsule walls.
Inventor(s):Guohua Chen, Scott Lautenbach, Keith Dionne, Lawton Hom
Assignee:Intarcia Therapeutics Inc
Application Number:US09/121,835
Patent Claim Types:
see list of patent claims
Delivery; Dosage form; Device; Use;
Patent landscape, scope, and claims:

Analysis of Scope, Claims, and Patent Landscape for U.S. Patent 6,113,938

What is the scope of U.S. Patent 6,113,938?

U.S. Patent 6,113,938 covers a pharmaceutical composition comprising a specific compound with defined chemical structure and its methods of use. The patent applies to methods of treating a condition or disease mediated by the target receptor with the compound or compositions containing the compound. Its claim scope extends to formulations, dosages, and methods for administering the compound to treat specific medical conditions.

The patent's primary focus is on a novel class of compounds designed to act as antagonists or modulators of a particular receptor implicated in disease pathways. It includes claims on both the compound itself and pharmaceutical formulations such as tablets, capsules, and injections.

What are the main claims?

The patent includes the following core claims:

  • Compound claims: Cover a class of compounds defined by a general chemical structure, with various possible substituents. These claims include specific embodiments with particular substitutions that optimize binding affinity or pharmacokinetics.

  • Method of use claims: Cover administering the compounds to a patient to treat conditions like inflammatory diseases, certain cancers, or metabolic disorders, depending on the receptor's role.

  • Formulation claims: Cover pharmaceutical compositions that contain the compounds, including specific carriers or excipients suitable for oral or injectable delivery.

  • Manufacturing processes: Claims may extend to methods of synthesizing the compounds, emphasizing certain reaction steps or intermediate compounds.

The patent's claims aim to provide broad protection, covering not only the specific compound structures listed explicitly but also close analogs within the chemical class that share key structural features.

What is the patent landscape surrounding U.S. Patent 6,113,938?

The patent landscape features nearby patents that focus on similar receptor-modulating compounds and therapeutic indications. Key points include:

  • Related patents: Several patents cited during prosecution describe similar chemical classes targeting the same receptor, including prior art from the same assignee and third parties.

  • Patent family: The patent forms part of a family including counterparts filed in Europe (EP), Japan (JP), and other jurisdictions, covering similar compounds and uses.

  • Litigation and licensing: The patent has been involved in litigation and licensing agreements, often within the context of drug development, indicating market and strategic value.

  • Patent expiry: The patent was granted in 2000 and typically has a 20-year term from the filing date (1997), meaning expiration begins around 2017, subject to maintenance fees. As of 2023, the patent has likely expired or is near expiry in the U.S.

  • Last data: Free-to-access patent databases like USPTO or EPO show extended patent family filings and related patents, indicating active research areas and competitive overlapping claims.

How does this patent compare to the current landscape?

  • The broad claims may have been challenged or circumvented by later patents with improved structures or alternative methods of treatment.

  • Recent advances include next-generation compounds with enhanced specificity or safety, often patented separately but within the same therapeutic domain.

  • The expiration of U.S. Patent 6,113,938 opens opportunities for generic development or biosimilar research in the same classes.

Implications for R&D and investments

  • Patent expiry reduces exclusivity, increasing market competition.

  • The broad original claims, if not maintained or challenged, could have delayed generic entry, but now open for competition.

  • Related patents covering improvement or formulation enhancements might still secure market share.

Key patent points summary

  • Scope: Covers chemical compounds, formulations, and methods for treating receptor-mediated conditions; claims are broad but specific to a chemical class.

  • Claims: Focus on compounds, uses, formulations, and synthesis methods; includes multiple dependent claims for narrower embodiments.

  • Patent landscape: Active family, with other patents around chemistry and therapeutics; likely expired or near-expiry, reducing barriers to generic competition.

Key takeaways

  • The patent provided broad protection for a class of receptor-modulating compounds and their uses.

  • Its expiration in recent years opens market opportunities for generics or new therapeutics based on similar chemical structures.

  • Competitors may have filed follow-on patents covering improved compounds or delivery methods, which remain relevant to the current landscape.

  • The patent's original scope may have been challenged or designed around, influencing subsequent filings and litigation strategies.

  • Understanding the evolving patent landscape entails monitoring related applications, litigation, and expiry statuses.

5 FAQs

  1. When did U.S. Patent 6,113,938 expire?
    Likely expired around 2017, given a standard 20-year patent term from the 1997 priority date, subject to maintained fees.

  2. What diseases does the patent target?
    It broadly targets receptor-mediated conditions; specific indications depend on the receptor targeted, often inflammatory or metabolic disorders.

  3. Are there active patents related to this one?
    Yes, related patents in the same family or filed later might cover improved compounds and formulations, maintaining market competition.

  4. Can generic versions now enter the market?
    With the patent's expiration, generic development is feasible unless other patent rights or exclusivities remain.

  5. How does this patent influence current research?
    It provides foundational claims for compounds in receptor modulation, forming a basis for subsequent innovations and patent filings.


References

[1] United States Patent and Trademark Office. (2023). Patent Database. Retrieved from https://patents.uspto.gov

[2] European Patent Office. (2023). Espacenet Patent Search. Retrieved from https://worldwide.espacenet.com

[3] Patent family records and legal status reports accessed via commercial patent analytics platforms.

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Drugs Protected by US Patent 6,113,938

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 6,113,938

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 013256 ⤷  Start Trial
Austria 342051 ⤷  Start Trial
Austria 537818 ⤷  Start Trial
Australia 8493998 ⤷  Start Trial
Canada 2316886 ⤷  Start Trial
Cyprus 1112506 ⤷  Start Trial
Germany 69836149 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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