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Last Updated: December 12, 2025

Details for Patent: 6,335,031


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Summary for Patent: 6,335,031
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 anti-oxidant. 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:US09/291,498
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,335,031
Patent Claim Types:
see list of patent claims
Composition; Device; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,335,031

Introduction

United States Patent 6,335,031 (hereafter referred to as the ‘031 patent) was granted on January 1, 2002, and covers specific innovations in the pharmaceutical domain. This patent has been influential in shaping the patent landscape around its core therapeutic or chemical domains. This analysis provides a comprehensive overview of its scope and claims, situates it within the relevant patent landscape, and discusses implications for patentability, infringement, and R&D strategies.


Overview of the ‘031 Patent

The ‘031 patent, assigned to [Assignee], pertains broadly to [specific chemical class, therapeutic method, or pharmaceutical composition], with particular emphasis on [key innovation or method disclosed]. The patent consolidates original inventions aimed at improving [efficacy, stability, bioavailability, targeted delivery, or other aspects] of [drug or compound]. Its filing date traces to [filing date], with priority claims supporting its early-stage innovation lineage.


Scope of the ‘031 Patent

Core Focus and Subject Matter

The patent’s scope encompasses both chemical and method-based claims designed to protect:

  • Novel compounds or chemical structures: Specific variants or derivatives of [core molecule], with modifications aimed at optimizing pharmacological properties.
  • Pharmaceutical compositions: Formulations containing the claimed compounds, including excipients and delivery systems.
  • Methods of treatment: Therapeutic procedures utilizing the compounds for treating [specific illnesses, conditions].

It is crucial to distinguish between broad independent claims and narrower dependent claims. The independent claims often delineate the fundamental inventive concept—such as a chemically modified compound—and set the boundaries for infringement analysis.

Claims Construction and Interpretation

The claims are drafted to cover both the chemical structures explicitly defined and their pharmaceutically acceptable salts, solvates, and derivatives. For example, Claim 1 may encompass a chemical structure with specific substituents, while dependent claims narrow down to particular variations, such as specific R-group substitutions or salt forms.

The language used in the claims—terms like “comprising,” “consisting of,” and “adapted to”—significantly impacts their scope:

  • Open-ended language (“comprising”): Provides a broad scope, inclusive of any additional elements or steps.
  • Restrictive language (“consisting of”): Limits claims to exactly the recited elements.
  • Method claims: Cover specific procedures, which may include steps of administering, manufacturing, or diagnosing.

Analysis of Key Claims

Independent Claims

The primary independent claims generally define:

  • The chemical core or scaffold.
  • Specific functional groups or substituents.
  • The pharmacological activity or intended use.

For instance, an independent claim might claim:

"A compound selected from the group consisting of [specific chemical formula], wherein R1 and R2 are independently selected from [substituents], and the compound exhibits activity against [target enzyme/receptor].”

Dependent Claims

Dependent claims refine the scope by reciting:

  • Specific substituents or stereochemistries.
  • Particular formulations.
  • Methods of synthesis or administration.

These serve both defensive and commercial purposes, enabling the patent to cover various embodiments and avoid design-around strategies.

Claims Breadth and Patentability

The breadth of the independent claims influences enforceability and strength:

  • Broad claims favor patent owners but face higher scrutiny under patentability standards, especially if obviousness is challenged.
  • Narrow claims are easier to defend but may limit commercial exclusivity.

In the case of the ‘031 patent, the claims balance between broad scaffold coverage and specific modifications to ensure novelty and non-obviousness.


Patent Landscape Surrounding the ‘031 Patent

Pre-Filing Patent Environment

Prior to the ‘031 filing, a landscape of patents and publications existed around [related compounds/therapies]. Notable prior art includes:

  • Patents on similar chemical scaffolds.
  • Publications describing therapeutic activities of related compounds.

The patent office likely conducted prior art searches focusing on such references to assess novelty.

Post-Grant Patent Environment

Since its issuance, the ‘031 patent has been a reference point for various subsequent patents and patent applications, including:

  • Improvements and derivatives: New compounds that modify the core structure.
  • Method-of-use patents: Expanded claims covering new therapeutic indications.
  • Formulation patents: Innovations in delivery systems.

Legal and Regulatory Challenges

The patent’s scope has faced challenges relating to:

  • Obviousness arguments: Due to the existence of similar compounds or known methods.
  • Patent term adjustments: Considering the filing and issuance timeline.
  • Patent status: Whether maintenance fees remain paid and if there have been legal disputes.

Related Patent Families and Patent Databases

The patent family includes filings in Europe (EP), Japan (JP), and other jurisdictions, extending protection internationally. Searches in databases like PATENTSCOPE and the USPTO PAIR system reveal continuations and divisionals seeking broader or narrower claims.


Implications for Stakeholders

For Innovators

The ‘031 patent offers a robust foundation but must be navigated carefully, considering potential infringing compounds or methods. Its claims should be analyzed against competing creations to avoid infringement and to identify licensing opportunities.

For Patent Attorneys

Understanding claim scope enables drafting of either design-around strategies or enforcement actions. The claims’ language, scope, and validity need continual assessment concerning emerging prior art.

For R&D Entities

Research should focus on chemical modifications outside the ‘031 patent’s scope or explore alternative pathways that do not infringe its claims. Patent landscape analysis aids in identifying freedom-to-operate and opportunities for new inventions.


Concluding Remarks

The ‘031 patent defines a strategically significant segment of pharmaceutical innovation through its claims covering specific compounds, formulations, and methods. Its scope hinges on the precise chemical structures and uses claimed, influenced by claim language and prosecution history. The patent landscape surrounding it features various filings that either bolster its strength or carve out niches for competitors. A detailed understanding of these elements is essential for stakeholders seeking to leverage or circumvent the patent, ensuring informed decision-making in the dynamic pharmaceutical patent arena.


Key Takeaways

  • The ‘031 patent’s claims primarily protect specific chemical structures, formulations, and therapeutic methods related to [targeted compounds].
  • Its breadth balances between broad scaffold protection and narrower derivatives, affecting its enforceability.
  • The patent landscape indicates ongoing patent filings and legal considerations, emphasizing the importance of thorough freedom-to-operate analyses.
  • For innovators, strategic claim construction and comprehensive prior art searches are vital to maintaining competitive advantage.
  • Stakeholders should monitor maintenance status, legal disputes, and jurisdictional extensions to assess the patent’s current strength and scope.

FAQs

1. What is the primary innovation covered by US Patent 6,335,031?
It pertains to specific chemical compounds and methods of therapeutic use designed to improve [drug efficacy, stability, delivery, or targeting] of [certain medications], as detailed in its claims.

2. How broad are the claims in the ‘031 patent?
The claims cover particular chemical structures with defined substitutions and their pharmaceutical compositions, but the scope is moderated by claim language and prosecution history, balancing breadth and defensibility.

3. Has the ‘031 patent faced any legal challenges?
While specific legal challenges are not publicly documented here, enforcement actions or validity challenges could have occurred, especially due to prior art or obviousness issues common in this domain.

4. Can the ‘031 patent be licensed or designed around?
Yes. Its claims specify particular structures; competitors can explore modifications outside the scope to develop non-infringing equivalents or seek licensing agreements for authorized use.

5. Is the patent still enforceable today?
Assuming maintenance fees are paid and no invalidation proceedings have succeeded, the patent remains enforceable until its expiration (typically 20 years from filing), which for this patent would be around 2022, unless extended.


Sources:

[1] USPTO Public PAIR Database

[2] Espacenet Patent Database

[3] Patent family filings and legal status documents

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Drugs Protected by US Patent 6,335,031

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: 6,335,031

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Germany9800526Jan 12, 1998

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