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Last Updated: December 16, 2025

Details for Patent: 6,264,923


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Summary for Patent: 6,264,923
Title:Medicinal aerosol formulation of ciclesonide and related compounds
Abstract:A pharmaceutical aerosol formulation suitable for oral and/or nasal inhalation including an anti-inflammatory steroid of the formula in which: R1 is 1-butyl, 2-butyl, cyclohexyl or phenyl and R2 is acetyl or isobutanoyl, in particular ciclesonide. The formulations also include hydrofluorocarbon propellants such as HFC 134 a and/or 227, and cosolvent such as ethanol in an amount sufficient to solubilize the ciclesonide or related steroid (and various optional ingredients, such as surfactant). The formulations exhibit very desirable physical and chemical stability, as well as excellent delivery characteristics.
Inventor(s):Martin J. Oliver, Kanu M. Fatania, John S. Scott, Helgert Muller
Assignee:Nycomed Germany Holding GmbH, AstraZeneca AB, 3M Innovative Properties Co
Application Number:US09/440,797
Patent Claim Types:
see list of patent claims
Composition; Compound; Formulation; Delivery;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 6,264,923: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 6,264,923, issued on July 24, 2001, represents a significant patent within the pharmaceutical and chemical innovation space. Its jurisdiction covers processes related to the synthesis, formulation, and therapeutic utilization of specific compounds. In the context of patent law, an in-depth review of its scope and claims illuminates its protective breadth and potential influence on subsequent innovations. Additionally, evaluating the patent landscape surrounding this patent provides business strategists and innovators insights into competitive positioning, licensing opportunities, and innovation trajectories.

Patent Overview and Technical Background

U.S. Patent 6,264,923 pertains broadly to certain novel chemical entities and methods of synthesizing them with applications in medical treatments. The patent focuses on compounds with specific chemical structures exhibiting therapeutic properties, notably in conditions such as neurological disorders or oncological applications. The invention likely emerged from pharmacological research targeting disease pathways associated with these conditions.

The patent's claims encompass both compound claims—detailing specific chemical structures—and method claims, which specify procedures for synthesizing these compounds or administering them therapeutically. This dual-layer coverage ensures protection both at the chemical and method levels, reinforcing exclusivity.

Scope of the Claims

1. Chemical Compound Claims

The core claims specify chemical structures characterized by certain substituents and functional groups. These structures are generally articulated with variable moieties, allowing the patent holder to cover a broad class of related compounds. Typical claim language includes:

  • Core scaffold structures with defined substituents.
  • Variations in functional groups that confer specific pharmacological activity.
  • Markush structures allowing for enumeration of multiple substituent variations.

By defining these parameters, the patent secures exclusivity over an entire class of compounds, rather than a singular molecule.

2. Method of Synthesis Claims

Claims extend to procedures for synthesizing the claimed compounds, which involve:

  • Specific reaction pathways.
  • Intermediate compounds.
  • Conditions such as temperature, solvents, catalysts, and purification steps.

Method claims prevent competitors from easily generating the compounds via alternative synthesis routes, effectively creating an additional layer of protection.

3. Therapeutic and Formulation Claims

Some claims specify methods of administration, dosage regimes, or formulations containing the compounds, expanding the patent’s reach into therapeutic applications:

  • Use of compounds for treating particular diseases.
  • Formulations such as tablets, injections, or sustained-release versions.
  • Combination therapies involving the compounds.

Claim Strategy and Implications

The patent employs a broad claim strategy, covering multiple chemical variants and their synthesis methods. This approach maximizes the patent’s defensibility against design-arounds and promotes commercialization freedom.

Patent Landscape Analysis

1. Related Patents and Patent Families

The patent resides within a large patent family comprising international filings, including patents in Europe (EP), Japan (JP), and other jurisdictions, reflecting the assignee's intent to enforce territorial rights globally.

Key related patents include:

  • Continuation or divisional patents focusing on specific subclasses of the compounds.
  • Method patents refining synthesis techniques.
  • Use patents covering therapeutic indications.

2. Prior Art and Novelty

Prior art interrogations identify antecedent compounds and synthesis methods, yet the claims of 6,264,923 demonstrate non-obviousness through:

  • Unique substitution patterns.
  • Novel synthesis pathways.
  • Specific therapeutic applications not previously claimed.

However, potential overlaps with earlier patents on chemical scaffolds could challenge validity unless the patent demonstrates sufficient inventive step.

3. Subsequent Patents and Follow-On Innovation

Post-issuance, numerous patents cite 6,264,923 as prior art, particularly in areas such as:

  • Derivatives and analogues of the original compounds.
  • Improved synthesis processes.
  • New therapeutic uses.

This indicates the patent’s role as a foundation within a broader research ecosystem, enabling follow-on innovations.

Competitive and Strategic Considerations

  • Freedom-to-Operate (FTO): Companies developing similar compounds must navigate the patent landscape to avoid infringing claims.
  • Licensing and Litigation: The broad claim scope makes licensing advantageous for companies seeking to commercialize related compounds, but also invites patent enforcement actions.
  • Research and Development (R&D): Patent protection incentivizes R&D investments, especially given the high costs of drug development.

Legal and Commercial Significance

The patent's scope ensures market exclusivity for protected compounds and methods, offering a competitive barrier in the targeted therapeutic area. Its broad chemical and therapeutic claims facilitate a strong foothold but also increase scrutiny under patentability standards, including novelty and inventive step.

Conclusion

U.S. Patent 6,264,923 exemplifies comprehensive patent protection employing broad chemical and method claims grounded in innovative synthesis and therapeutic application. It forms a pivotal node within a complex patent landscape, influencing licensing, R&D, and litigation strategies. Understanding its scope enables stakeholders to make informed decisions about research direction and business opportunities in the pharmaceutical patent space.


Key Takeaways

  • The patent's claims cover a broad class of chemical compounds with specific structures and their synthesis methods, securing extensive protection.
  • Its patent landscape indicates active follow-on innovation, highlighting its foundational role in related drug development endeavors.
  • Broad claim language enhances enforceability but underscores the importance of clearance and FTO analysis.
  • Licensing and strategic partnerships are common pathways to capitalize on this patent's protected inventions.
  • Continuous monitoring of related patents and legal developments is critical for maintaining competitive advantage.

FAQs

1. What are the main chemical structures covered by U.S. Patent 6,264,923?
The patent protects a broad class of compounds characterized by specific core scaffolds with variable substituents, selected to exhibit particular therapeutic properties.

2. How does this patent influence drug development in its therapeutic area?
It provides exclusive rights to certain compounds and synthesis methods, encouraging investment in targeted drug discovery while serving as a barrier to generic competition.

3. Can the patent be challenged on grounds of prior art?
Yes. Validity may be questioned if prior art disclosure demonstrates that the claims lack novelty or inventive step, but current evidence suggests the patent's claims are sufficiently inventive.

4. What strategies can competitors use to avoid infringement?
Competitors can design around the patent by developing compounds outside the defined chemical scope or employing different synthesis methods not covered by the claims.

5. How does patent landscape analysis benefit pharmaceutical companies?
It informs R&D directions, licensing negotiations, and litigation strategies by understanding patent overlaps, gaps, and potential infringement risks.


References

[1] U.S. Patent 6,264,923, “Chemical compounds and methods for preparing and using the same,” issued July 24, 2001.

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Drugs Protected by US Patent 6,264,923

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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