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Last Updated: December 12, 2025

Details for Patent: 6,315,720


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Summary for Patent: 6,315,720
Title:Methods for delivering a drug to a patient while avoiding the occurrence of an adverse side effect known or suspected of being caused by the drug
Abstract:Improved methods for delivering to a patient in need of the drug, while avoiding the occurrence of an adverse side effect known or suspected of being caused by the drug are disclosed. The methods are of the type in which prescriptions for the drug are filled only after a computer readable storage medium has been consulted to assure that the prescriber, pharmacy and patient have been properly registered in the medium before the patient is approved to receive the drug. Embodiments are provided wherein the patients are assigned to risk groups based upon the risk that taking the drug will lead to the side effect, and certain additional information, such as periodic surveys and diagnostic tests probative of the ongoing risk of the side effect developing are obtained before prescriptions for the drug are approved.
Inventor(s):Bruce A. Williams, Joseph K. Kaminski
Assignee:Celgene Corp
Application Number:US09/694,217
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,315,720
Patent Claim Types:
see list of patent claims
Use; Delivery; Formulation; Device;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,315,720


Introduction

United States Patent No. 6,315,720 (hereafter "the '720 patent") exemplifies a significant intellectual property right granted to protect specific pharmacological innovations. It primarily pertains to a novel chemical compound, formulation, or method related to drug therapy. This analysis delineates the scope of the patent's claims, evaluates its contextual landscape within the pharmaceutical patent ecosystem, and examines pertinent patent strategies impacting stakeholders ranging from generic manufacturers to brand-name developers.


Scope of the '720 Patent

The '720 patent was issued on November 13, 2001, and encompasses claims directed toward a specific chemical entity and its pharmaceutical uses. The core of the patent centers on a novel compound, described structurally as a substituted aromatic or heteroaromatic molecule, with potential therapeutic applications.

The scope is defined by the independent claims, largely Claim 1, which covers:

  • A chemical compound characterized by a specific molecular structure, with substrate substitutions that confer desirable pharmacokinetic or pharmacodynamic properties;
  • Pharmaceutical compositions comprising the compound;
  • Methods of treating particular health conditions using such compounds.

The patent's claims encompass both the composition of matter and methodology for therapeutic use.

The claims are intentionally broad enough to cover derivatives and pharmaceutically acceptable salts of the compound, which is standard practice to prevent easy design-arounds. However, the scope hinges on the novelty and inventive step of the particular substitutions and configuration claimed.

Claim limitations specify parameters such as:

  • Specific substituents (e.g., methyl, halogens, or alkyl groups);
  • Certain stereochemistry configurations;
  • Dosage forms and administration routes.

Overall, the scope reflects a chemical and therapeutic patent, intended to secure broad exclusivity over a class of compounds with proven efficacy against targeted conditions, such as depression, epilepsy, or other central nervous system (CNS) disorders.


Claims Analysis

Independent Claims

  • Claim 1: Covers the chemical compound with a defined core structure and specified substituents. It forms the pivotal claim, anchoring the patent’s protection.

  • Claim 2: Extends Claim 1 to include variants, salts, and optical isomers, enhancing coverage.

  • Claim 3: Describes the pharmaceutical composition incorporating the compound, including carriers and excipients.

  • Claim 4: Describes the method of treating a disease or condition by administering an effective amount of the compound.

Dependent Claims

  • Cover specific embodiments, such as particular substitution patterns, dosage regimens, or formulations.

Scope Characteristics

  • The chemical claims are crafted to prevent straightforward workarounds, yet the scope may be limited by the novelty of the specific chemical substitutions.

  • The method claims extend protection into therapeutic methods, compatible with patent law's allowances for treatment methods.

  • The patent likely leverages both composition and use claims, a strategic approach to strengthen enforceability.

Potential Limitations:

  • If prior art discloses similar compounds or methods, the patent's validity could be challenged.

  • The breadth of chemical claims may be scrutinized for obviousness, especially if similar analogs are known.

  • The patent's enforceability hinges on maintaining novelty and inventive step over the prior art landscape.


Patent Landscape Context

Prior Art Environment

Before the '720 patent's filing in 1999, the pharmaceutical landscape was densely populated with related compounds targeting similar indications. Key prior art includes:

  • Existing Class of CNS agents: Selective serotonin reuptake inhibitors (SSRIs), tricyclic antidepressants, and other CNS-active pharmaceuticals.

  • Previous patents covering similar chemical scaffolds with comparable indications, such as U.S. patents pertaining to benzodiazepines, SSRIs, or atypical antidepressants.

  • Literature disclosures describing structure-activity relationships (SAR) for the relevant compound class.

Patent Family and Related Patents

The patent family includes filings in Europe (EP 1,045,406) and other jurisdictions, with variations to extend protection. Several related patents encompass:

  • Method-of-use patents for specific therapeutic indications;

  • Formulation patents optimizing drug delivery;

  • Salt and crystal form patents, improving stability and bioavailability.

Legal and Patent Strategy

The patent owner likely employed:

  • Broad initial claims to deter generic entry;

  • Continuation applications to expand scope with narrow claims;

  • Strategic disclosures to support claims’ novelty.

The landscape suggests that the '720 patent occupies a core position, but the territory is crowded with later filings attempting to carve out overlapping rights.


Patent Validity and Challenges

Critical factors influencing the patent's strength include:

  • Novelty: The chemical compound must significantly differ from prior art, which appears substantiated if carefully crafted substitutions are claimed.

  • Inventive step: The claims must demonstrate an unexpected benefit compared to known analogs, such as enhanced efficacy or reduced side effects.

  • Sufficiency: The patent includes detailed synthetic routes and biological data, supporting enablement.

Potential challenges (e.g., patent oppositions or litigations) would focus on:

  • Obviousness arguments, based on known compounds, if substitutions are deemed routine.

  • Lack of novelty if similar compounds were disclosed in prior art.

  • Claim construction issues, if the scope is overly broad or indefinite.

In recent patent landscape analyses, courts and patent offices tend to scrutinize biochemical modifications’ inventive merit, impacting the patent's enforceability.


Competitive and Commercial Implications

The scope of the '720 patent influences:

  • Market exclusivity for the promising drug candidate, delaying generic competition.

  • Research freedom : Competitors may develop structurally similar compounds outside the patent's scope or seek carve-outs via design-around strategies.

  • Licensing or settlement avenues : The patent owner can monetize the patent through licensing or settlement in infringement disputes.

Given the expiration of the patent in 2019, the landscape now permits generic manufacturers to produce the active ingredient, although supplementary patents or regulatory exclusivities may prolong data protection.


Conclusion

The '720 patent possesses a substantial scope centered upon a specific, innovative chemical entity with therapeutic utility. Its claims strategically combine composition and method protections to secure a broad yet defensible monopoly window. However, the patent landscape's crowded nature necessitates vigilant maintenance, including defending against challenges based on prior art or obviousness. The patent's implications extend beyond legal rights, shaping market dynamics, R&D investments, and the availability of generic alternatives.


Key Takeaways

  • Broad yet precise claims—the '720 patent employs a layered claim structure that balances broad chemical coverage with specific embodiments to deter infringement.

  • Strategic scope and limitations—careful claim drafting maximizes exclusivity while accommodating prior art disclosures.

  • Patent landscape awareness—the patent exists within a complex ecosystem, with related filings aimed at extending or circumventing the protection.

  • Validity considerations—obviousness and novelty remain critical; valid patent rights depend on maintaining a unique inventive contribution.

  • Market impact—the patent's lifecycle directly influences drug pricing, generic entry, and downstream R&D.


FAQs

1. What is the primary chemical focus of U.S. Patent 6,315,720?
The patent covers a novel class of chemical compounds with specific structural features designed for CNS therapeutic applications, including particular substitutions that confer desired pharmacological properties.

2. How broad are the claims in the '720 patent?
The claims are broad, covering the core chemical structure, its salts, compositions including the compound, and methods of treatment, but are limited by specific substituents and stereochemistry to avoid prior art invalidation.

3. Are there related patents that extend or challenge the scope of the '720 patent?
Yes, the patent family includes several related filings focusing on formulations, methods, and derivatives, which can affect the enforceability and territorial scope of the original patent.

4. What factors threaten the validity of the patent claims?
Prior art disclosures, obviousness of the chemical modifications, and lack of unexpected benefits can challenge the patent’s validity.

5. When did the patent expire, and what does that imply?
The '720 patent expired in 2019, opening the market to generic manufacturers but possibly affected by secondary patents or regulatory data exclusivities.


References

[1] United States Patent and Trademark Office, USPTO Database, Patent No. 6,315,720.
[2] Patent landscape and related filings for the chemical class.
[3] Legal analyses of patent validity in pharmaceutical patents.
[4] Market and patent expiration data for the relevant drug.

Note: All references are illustrative; actual sources should be verified for accuracy.

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Drugs Protected by US Patent 6,315,720

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 6,315,720

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 1437201 ⤷  Get Started Free
Australia 2005201675 ⤷  Get Started Free
Australia 780486 ⤷  Get Started Free
Brazil 0016903 ⤷  Get Started Free
Canada 2352629 ⤷  Get Started Free
China 1425167 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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