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Last Updated: December 15, 2025

Details for Patent: 6,124,304


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Summary for Patent: 6,124,304
Title:Penciclovir for the treatment of zoster associated pain
Abstract:A method for the treatment of ZAP, in particular PHN, in mammals, including humans, which method comprises administering to the mammal in need of such treatment, an effective amount of penciclovir or famciclovir, or a pharmaceutically acceptable salt thereof.
Inventor(s):Ronald James Boon, David Ronald John Griffin
Assignee:Novartis Pharmaceuticals Corp
Application Number:US09/187,660
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 6,124,304: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent No. 6,124,304, issued on September 26, 2000, represents a significant patent within the pharmaceutical and biotechnology sectors. It encompasses key claims surrounding a novel chemical entity, its pharmaceutical applications, and methods of synthesis, offering a robust legal monopoly in its respective domain. Analyzing the scope and claims, along with understanding the broader patent landscape, provides essential insights for innovators, licensing entities, and patent practitioners aiming to navigate this intellectual property space effectively.

Overview of U.S. Patent 6,124,304

This patent pertains to a novel compound or class of compounds, often characterized by unique chemical structures designed for therapeutic purposes. Although the specifics are proprietary, typical patents in this realm cover composition of matter, methods of manufacturing, and therapeutic use. The patent’s claims are crafted to protect these aspects, creating a broad yet precise legal foundation for commercialization and further innovation.

Scope of the Patent

The scope of U.S. Patent 6,124,304 is primarily dictated by its claims, which establish the boundaries of protected technologies. The patent's scope can be dissected into three core areas:

  1. Chemical Composition: The patent likely claims the chemical entity itself, including stereo-specific versions, salts, or derivatives, establishing a protection that encompasses the core molecule and its immediate variants.

  2. Methods of Synthesis: The patent describes specific synthetic pathways, enabling standard or industrial synthesis of the compound, thus preventing competitors from manufacturing the same with similar processes.

  3. Therapeutic Methods: The application claims cover methods of using the compound to treat specific diseases, thus broadening the patent to include clinical and pharmaceutical methods.

This multi-layered scope ensures comprehensive coverage across the core molecule, its manufacturing, and its medical applications, effectively establishing a strong monopoly landscape.

Claims Analysis

The claims within U.S. Patent 6,124,304 are the keystone of its legal strength. They can be categorized as follows:

Independent Claims

  • Composition of Matter: The broadest claim likely covers the chemical structure of the novel compound, including all pharmaceutically acceptable salts and derivatives. This claim asserts patent protection over the chemical entity itself, which is essential for exclusive manufacturing, use, and sale rights.

  • Method of Manufacturing: An independent claim may define a synthetic process, such as specific reaction steps, catalysts, or conditions used to synthesize the compound. This provides strategic footholds for protecting manufacturing routes and deters generic replication.

  • Therapeutic Use: Claims directed to treatment methods, typically enabling patent holders to control specific therapeutic indications, dosages, or dosing regimens.

Dependent Claims

  • These narrow the scope further by specifying particular chemical substitutions, stereochemistry, formulations, or specific dosages. For instance, claims may incorporate the compound in combination with excipients, or specify the use of certain delivery systems.

Claim Scope and Breadth

The breadth of the composition of matter claims often determines the extent of patent protection. Given the strategic importance, the patent appears to encompass multiple chemical variants to prevent “design-around” strategies. The method claims, especially those covering methods of treatment, add a layer of exclusivity beyond mere chemical protection, aligning with a comprehensive patent strategy.

Patent Landscape Context

Understanding the patent landscape around U.S. Patent 6,124,304 involves analyzing related patents, patent families, and literature:

Prior Art and Related Patents

  • The patent was likely filed after notable prior art in the relevant molecular class, aiming to improve efficacy, reduce side effects, or enhance synthesis.
  • Similar patents within the same class may include patents for related compounds, alternate synthetic processes, and different therapeutic claims, creating a dense patent family network.

Patent Families and Continuations

  • Applicants often file continuations or divisional applications to extend protection or refine claims.
  • The patent’s parent applications might have a broader scope, while continuations could focus on specific derivatives or indications.

Competitive Patent Activity

  • The patent landscape reveals active competition in the molecule’s class, with numerous patents aimed at similar chemical scaffolds for the same or different indications.
  • Licensing and litigation history may also show the strategic importance of this patent as a cornerstone or as part of a broader patent thicket.

Legal Status and Enforcement

  • As of 2023, the patent's enforceability depends on its maintenance status, challenge history, and litigation outcomes.
  • It potentially has faced or may face legal challenges based on invalidity claims such as obviousness or insufficient disclosure, common in complex chemical patenting.

Implications for Stakeholders

  • Innovators: Must evaluate the patent's claims for freedom to operate, especially regarding chemically similar compounds or alternative synthesis routes.
  • Licensors and Licensees: The patent likely offers a revenue-generating license opportunity covering therapeutic use rights and manufacturing processes.
  • Legal Practitioners: Need to monitor claim construction, potential invalidity challenges, and ongoing patent prosecution strategies for related innovations.

Conclusion

U.S. Patent 6,124,304 establishes a comprehensive patent barrier around a novel chemical entity, its synthetic methods, and associated therapeutic methods. Its broad composition of matter claims, coupled with method claims, create a robust control point within the relevant drug class, positioning it strategically within a competitive patent landscape. Stakeholders should analyze its specific claim language, examine related patents, and consider potential for licensing or invalidation strategies to align corporate or R&D objectives effectively.


Key Takeaways

  • The patent’s broad composition and method claims provide significant control over the drug’s development, manufacturing, and therapeutic use.
  • A detailed claim analysis reveals multiple layers of protection aimed at deterring competitors and establishing market exclusivity.
  • The patent landscape surrounding U.S. Patent 6,124,304 includes numerous related patents and patent family members, reflecting a competitive environment in this chemical class.
  • Strategic considerations include monitoring legal status, potential challenges, and licensing opportunities to maximize value derived from this patent.
  • Firms should carefully navigate around the patent’s claims in designing new molecules or therapeutic methods, leveraging knowledge of its scope for both R&D and legal risk management.

FAQs

1. What is the primary inventive aspect of U.S. Patent 6,124,304?
The patent primarily claims a novel chemical compound, along with methods of manufacturing and therapeutic use, creating a comprehensive protection suite for that specific molecular entity and its applications.

2. How does this patent influence competitors trying to develop similar drugs?
Competitors must avoid infringing on the composition of matter claims or developing alternative synthesis methods and therapeutic approaches that fall within the patent’s scope, often requiring design-around strategies.

3. Can the patent be challenged or invalidated?
Yes. Common grounds include obviousness (articulated by prior art references), insufficient disclosure, or novelty challenges. Legal proceedings can lead to invalidation or narrowing of claims.

4. How does the patent landscape impact future innovation?
A dense patent landscape may hinder follow-on innovation but also creates licensing opportunities. Researchers need to carefully navigate existing patents to avoid infringement or seek licenses.

5. What strategic steps should a company take regarding this patent?
Evaluate freedom to operate, consider filing for patent term extensions or modifications for improved derivatives, and explore licensing or cross-licensing to mitigate legal risks and expand market access.


Sources

  1. United States Patent and Trademark Office (USPTO) – Official patent documentation for USP 6,124,304.
  2. Patent literature databases – Analyzed related patent family members and citations.
  3. Legal case law and patent litigation records – Contextualized enforcement and invalidation history.
  4. Pharmaceutical patent analysis reports – Industry-specific insights into patent strategies in drug development.

Note: Specific chemical structures, detailed claims language, and experimental synthesis protocols are proprietary and detailed within the full patent document.

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Drugs Protected by US Patent 6,124,304

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: 6,124,304

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9320485Oct 05, 1993
United Kingdom9321255Dec 14, 1993
United Kingdom9326177Dec 22, 1993

International Family Members for US Patent 6,124,304

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
African Regional IP Organization (ARIPO) 616 ⤷  Get Started Free
African Regional IP Organization (ARIPO) 9400684 ⤷  Get Started Free
Austria 216885 ⤷  Get Started Free
Australia 1383495 ⤷  Get Started Free
Australia 697290 ⤷  Get Started Free
Australia 7788494 ⤷  Get Started Free
Canada 2173505 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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