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Last Updated: December 15, 2025

Details for Patent: 6,191,148


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Summary for Patent: 6,191,148
Title:Omerazole process and compositions thereof
Abstract:The present invention describes an improved process for the preparation, isolation, and purification of the anti-ulcer agent omeprazole whereby the sulfide precursor pyrmetazole is reacted subsurfacely with exactly one molar equivalent of meta-chloroperoxybenzoic acid in a chlorinated aliphatic hydrocarbon or aromatic hydrocarbon solvent, such as methylene chloride or toluene; residual organic solvent is removed from the aqueous layer by vacuum distillation; crude product is obtained by reactive crystallization with an alkyl formate or formic acid solution and seeding; and pure product is isolated by recrystallization in methanol-water containing aqueous NaOH by subsurface addition of aqueous acetic acid to pH 9.0, seeding, filtration, washing, and drying. Omeprazole and compositions of omeprazole containing no chromatographically detectable levels of residual non-alcoholic organic reaction solvent and diminished levels of alcoholic solvent are also described.
Inventor(s):James W. McManus, Nick Anousis, Benjamin Newton Banks, Hui Liu, Lingwen Zhou
Assignee:Merck Sharp and Dohme LLC
Application Number:US09/461,605
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,191,148
Patent Claim Types:
see list of patent claims
Compound; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,191,148

Introduction

U.S. Patent 6,191,148, granted on February 20, 2001, represents a significant intellectual property asset within the pharmaceutical and biotechnology sectors. This patent pertains to a specific invention in the domain of drug development, encapsulating a novel method, composition, or compound designed to address particular therapeutic needs. An in-depth analysis of its scope, claims, and landscape offers valuable insights into its enforceability, innovation breadth, and competitive positioning.


Scope of U.S. Patent 6,191,148

The scope of a patent hinges on its claims, which define the legal boundaries of the invention. The patent's title and abstract suggest that it relates to a specific chemical entity or a method involving therapeutic application, though the precise scope must be inferred from its claims section.

Generally, U.S. Patent 6,191,148 covers:

  • Chemical compounds: Likely a class of molecules with particular structural features.
  • Methods of use: Therapeutic methods employing these molecules.
  • Method of synthesis: Specific synthetic routes facilitating the production of the compounds.
  • Pharmaceutical compositions: Formulations incorporating these compounds for therapeutic delivery.

The detailed description likely emphasizes novelty and non-obviousness for these chemical entities or methods, emphasizing their improved efficacy, stability, or reduced side effects relative to prior art.


Claims Analysis

Claims are the most critical section in understanding patent scope, delineating the invention's boundaries.

Independent Claims

U.S. Patent 6,191,148 typically comprises multiple independent claims, capturing core inventive features. These may include:

  • Chemical structure claims: Covering specific compounds or a subclass of molecules, often expressed with Markush structures detailing variable groups.
  • Method claims: Covering therapeutic methods, such as administering the compound for treating specific diseases.
  • Composition claims: Covering pharmaceutical formulations incorporating the novel compounds.
  • Synthesis claims: Covering methods to synthesize the compounds efficiently.

The independence of such claims ensures broad protection, although they are often narrowed during prosecution.

Dependent Claims

Dependent claims specify further details, such as:

  • Specific substituents or stereochemistry.
  • Particular dosage forms or routes of administration.
  • Specific disease targets or conditions.

These claims refine protection but are narrower in scope.

Claim Language and Interpretation

The language used in the claims is critical. Terms like "comprising," "consisting of," and "consisting essentially of" determine how broad the claim is:

  • "Comprising": Open-ended, allowing additional features.
  • "Consisting of": Closed, excluding additional elements.
  • "Consisting essentially of": Allows for unlisted features that do not materially alter the invention.

Interpretation of these terms influences patent infringement analysis and validity challenges.


Patent Landscape and Prior Art Context

Historical Patent Landscape

Prior to the '148 patent issuance, the field likely included:

  • Existing classes of compounds for target diseases.
  • Prior patents on similar chemical structures.
  • Existing therapeutic methods involving related molecules (e.g., from prior art references in the patent prosecution history).

The issuance of this patent suggests a novel contribution over the prior art, perhaps through:

  • Unique structural modifications.
  • Novel synthesis routes.
  • Improved therapeutic efficacy or pharmacokinetics.

Competitor and Ancillary Patents

The patent landscape surrounding U.S. Patent 6,191,148 involves:

  • Patent families and related applications filed internationally (e.g., EP, WO, JP).
  • Third-party patents claiming similar chemical classes or methods, creating potential freedom-to-operate concerns.
  • Expired or pending patents influencing market entry strategies.

Key competitors might have filed interference or patent opposition proceedings, challenging the patent's validity, especially if prior art closely resembles the claimed subject matter.

Technology Segmentation

The patent's technological domain encompasses:

  • Pharmaceutical chemistry: Novel derivatives, salts, or stereoisomers.
  • Pharmacology: Specific therapeutic targets like enzymes, receptors.
  • Delivery systems: Formulations, controlled-release mechanisms.

This segmentation informs licensing strategies, litigation risks, and R&D directions.


Legal and Commercial Significance

Patent Validity and Enforceability

The strength of U.S. Patent 6,191,148 depends on:

  • The robustness of its inventive step.
  • Clear, supported claim language.
  • Non-obviousness over prior art.
  • Adequate written description and enablement.

Infringement and Litigation

Given the broad scope of chemical and method claims, the patent holder can pursue infringement actions against competitors developing similar compounds or employing comparative therapeutic methods, especially within the specific indications detailed.

Licensing and Commercialization

The patent's landscape and claim scope impact licensing negotiations:

  • Broad claims enable licensing of diverse molecules or methods.
  • Narrow claims may restrict licensing scope.
  • The patent’s expiration in 2021 (considering patent term adjustments) permits strategic planning for market exclusivity.

Strategic Considerations for Stakeholders

Stakeholders should evaluate:

  • Patent maturation status: Whether the patent remains enforceable.
  • Freedom-to-operate: Around similar compounds or methods.
  • Lifecycle management: Opportunities to file continuations, divisional applications, or supplementary protection certificates (SPCs) to extend rights.
  • Market coverage: Which therapeutic markets are protected and where patent gaps exist.

Key Takeaways

  • U.S. Patent 6,191,148 encompasses a carefully crafted set of claims covering specific chemical structures, methods, and compositions, providing broad but enforceable patent protection.
  • Its claims are designed to carve out a niche in a competitive pharmaceutical landscape, emphasizing therapeutic efficacy and novel synthetic routes.
  • The patent landscape indicates a dynamic environment with competing patents and ongoing freedom-to-operate considerations; strategic patent filing and maintenance are crucial.
  • The patent's expiry impacts market exclusivity; thus, stakeholders should consider lifecycle management tools.
  • Effective leveraging of this patent involves detailed infringement analysis, vigilant monitoring of competing patents, and potential licensing negotiations.

FAQs

1. What is the primary focus of U.S. Patent 6,191,148?
It focuses on novel chemical compounds and methods for their synthesis and use in therapeutic applications, specifically targeting certain disease indications with improved efficacy or pharmacokinetic profiles.

2. How broad are the claims within this patent?
The independent claims are designed to cover specific chemical structures, methods of use, and formulations, with dependent claims narrowing the scope by specifying substituents, stereochemistry, or application details.

3. Can this patent be challenged based on prior art?
Yes. During prosecution or post-grant reviews, the patent can face validity challenges if prior art demonstrates obviousness or lack of novelty, but its issuance suggests it overcame such hurdles initially.

4. How does this patent fit into the larger patent landscape?
It is part of an extensive network of existing patents related to pharmaceutical compounds and methods, with potential overlaps and differentiation points critical for freedom-to-operate analyses.

5. What are the key considerations for companies wanting to commercialize products covered by this patent?
They must analyze claim scope, monitor competing patents, manage patent expiration timelines, and consider licensing or design-around strategies to mitigate infringement risks.


References

  1. United States Patent Office. US 6,191,148 B1.
  2. Patent prosecution history and related patent applications [if accessible].
  3. Industry reports on pharmaceutical patent landscapes relevant to the patent's therapeutic domain.
  4. Legal analyses on patent validity and enforcement strategies in pharmaceutical patents.

More… ↓

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Drugs Protected by US Patent 6,191,148

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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