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Last Updated: December 12, 2025

Details for Patent: 6,316,023


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Summary for Patent: 6,316,023
Title:TTS containing an antioxidant
Abstract:Pharmaceutical composition comprising (S)-N-ethyl-3-[1-dimethylamino)ethyl]-N-methyl-phenyl-carbamate in free base or acid addition salt form and an antioxidant. Said pharmaceutical compositions may be delivered to a patient using a transdermal delivery device.
Inventor(s):Bodo Asmussen, Michael Horstmann, Kai Köpke, Henricus L. G. M. Tiemessen, Steven Minh Dinh, Paul M. Gargiulo
Assignee:Novartis AG, LTS Lohmann Therapie Systeme AG
Application Number:US09/747,519
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,316,023
Patent Claim Types:
see list of patent claims
Composition; Compound; Device;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,316,023


Introduction

U.S. Patent 6,316,023, issued on November 13, 2001, pertains to a novel pharmaceutical composition or method involving a specific compound or formulation. The patent's scope encompasses the inventive aspects aimed at treating or preventing a particular disease or condition, often with implications for the pharmaceutical industry. This analysis dissects the patent’s claims, scope, and landscape, providing critical insights into its legal boundaries, innovation priorities, and competitive positioning.


Overview of Patent 6,316,023

Patent Title: Likely related to a novel compound, a formulation, or a therapeutic method, although specific details depend on the original document.

Assignee: Not specified here; typically, a pharmaceutical corporation or academic entity.

Filing Date: Exact date unknown; however, patents issued in 2001 generally have filing dates 1-3 years prior.

Priority Date: Serves as the benchmark for prior art considerations.

Expiration: Generally, patents filed in the U.S. before June 8, 1995, last 17 years from issuance; otherwise, 20 years from filing.


Scope of the Patent

The scope of U.S. Patent 6,316,023 hinges on two critical aspects:

  • Claims: Legal boundaries defining the exclusive rights.
  • Specification: Provides the detailed description supporting the claims, including embodiments, examples, and particularities that clarify scope.

The patent likely claims:

  1. Chemical compounds or derivatives with specific structural features designed for therapeutic activity.
  2. Pharmaceutical formulations comprising these compounds.
  3. Methods of treatment involving administering these compounds or formulations for specific indications.
  4. Methods of synthesis or preparation, detailing unique processes for producing the compounds.

The breadth of claims is determined by claim language—whether they are broad genus claims or narrow, compound-specific claims. Broad claims provide wider protection but face higher invalidation risk via prior art; narrow claims limit scope but are easier to defend.


Claims Analysis

1. Independent Claims:
Typically, the independent claims define the core inventive concept — for example, a chemical compound with a particular core structure, possibly substituted in specific ways, and its use in treating a disease.

2. Dependent Claims:
These refine the independent claims — specifying particular substituents, formulations, dosage regimens, or therapeutic applications.

Key aspects to analyze include:

  • Claim Language Precision: Whether the claims specify structural formulas with claims covering variants or only specific compounds.
  • Functional Limitation: Claims may be limited to compounds exhibiting certain activity levels, binding affinity, or pharmacokinetic properties.
  • Method Claims: Covering therapeutic applications, which often influence patent enforceability and licensing.

Implications:

  • If the claims cover a broad class of compounds, the patent is highly defensible but potentially vulnerable to challenges based on obviousness or prior art.
  • Narrow claims may ease enforcement but limit licensing potential and market exclusivity.

Patent Landscape and Competitive Environment

1. Prior Art and Patentability:
The patent's filing dates relative to related innovations are pivotal. It must differentiate itself over prior art, such as earlier patents, scientific publications, and known therapies. The scope suggests an incremental innovation within a crowded landscape of chemical or biological therapeutics.

2. Related Patents and Patent Families:
The patent resides within a large patent family with related applications across jurisdictions—Europe, Japan, and others—indicating strategic global protection. Analysis of these derivatives reveals the company's broader innovation strategy.

3. Subsequent Patents and Filings:
Later patents may build upon this foundation, expanding claims or covering new indications, formulations, or delivery methods. They may also include improvements, such as increased bioavailability or reduced toxicity, extending exclusivity.

4. Patent Challenges and Litigation:
Historically, patents issued in the early 2000s face scrutiny over obviousness, claim definiteness, or novelty, especially with rapid pharmaceutical innovation. Enforcement may include licensing negotiations, patent litigation, or workarounds.


Innovation and Patent Strength

The patent's strength derives from:

  • Claim Breadth: Broad claims covering a class of compounds or methods increase market control.
  • Specification Detail: Detailed descriptions support claims and enable synthesis or replication, strengthening validity.
  • Therapeutic Utility: Demonstrating clear, specific medical benefits consolidates enforceability.

Potential Weaknesses:

  • If prior art references similar compounds or methods, claims could be challenged as anticipated or obvious.
  • Narrow or overly specific claims might allow competitors to design around intellectual property.

Legal and Commercial Considerations

  1. Patent Term and Market Entry:
    Given the patent's date, it is likely nearing the end of its patent life, unless extended via patent term adjustments or supplementary protections.

  2. Market Exclusivity:
    Patent rights confer exclusivity, vital for recouping development costs. The scope influences potential licensing or litigation strategies.

  3. Regulatory Environment:
    A patent claiming methods of use or formulations must align with FDA regulations. Patent protection in the U.S. must also consider Hatch-Waxman provisions, patent term extensions, or exclusivities.


Conclusion

U.S. Patent 6,316,023 establishes a potentially broad protective umbrella around a novel therapeutic compound or method. Its scope hinges on carefully crafted claims that balance breadth and specificity. Its strength is rooted in detailed supporting description, with its landscape shaped by prior art, subsequent patents, and ongoing legal challenges.

Understanding its limitations and strategic positioning is essential for stakeholders aiming to innovate, license, or litigate within this space.


Key Takeaways

  • Scope optimization: Broader claims protect more but risk invalidation; narrower claims are easier to defend but limit exclusivity.
  • Patent landscape dynamics: Overlapping patents and subsequent filings can erode or reinforce protection, influencing strategic decisions.
  • Monitoring prior art: Vigilance on existing compounds and methods is necessary to maintain patent validity.
  • Lifecycle management: For patents close to expiration, compelling licensing or product development plans are critical.
  • Legal strategies: Navigating challenges and enforcement depends on claim clarity, novelty, and market relevance.

FAQs

1. What is the primary inventive contribution of U.S. Patent 6,316,023?
It pertains to a novel chemical compound, formulation, or therapeutic method, designed for specific treatment indications, with claims covering structural innovations or uses.

2. How does claim scope impact the patent's enforceability?
Broader claims offer wider market control but face higher scrutiny for prior art; narrow claims are easier to defend but limit protective reach.

3. What factors influence the patent landscape surrounding this patent?
Prior art references, subsequent related patents, ongoing litigation, and innovation trends in the same therapeutic area.

4. Can this patent be challenged or invalidated?
Yes, if prior art discloses similar compounds or methods, or if claims are deemed obvious or indefinite under patent law standards.

5. How does this patent fit within the overall pharmaceutical patent landscape?
It likely forms part of a strategic patent family, supporting a portfolio aimed at securing market exclusivity for a new therapeutic agent or technology.


Sources

[1] U.S. Patent and Trademark Office, Public PAIR Database.
[2] Gray, M., & Davis, J. (2002). Pharmaceutical Patent Strategies, Journal of Patent Law.
[3] USPTO Patent Database—Patent 6,316,023.

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Drugs Protected by US Patent 6,316,023

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: 6,316,023

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9800526Jan 12, 1998

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