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Last Updated: December 17, 2025

Details for Patent: 6,352,717


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Summary for Patent: 6,352,717
Title:Process for encapsulating shear sensitive fill masses into capsules and capsules containing shear sensitive fill masses
Abstract:The present invention provides a process for encapsulating a shear sensitive fill mass which contains a pharmaceutical active agent or nutrient, characterized in that said fill mass is heated and subsequently cooled, prior to the encapsulation. The invention also provides capsules comprising shear sensitive fill material obtained by the said process which have a high and constant dissolution rate.
Inventor(s):Rainer Alex, Jürgen Gerhards, Ingeborg Kraemer-Pittrof, Richard Oeschger, Thomas Rades
Assignee:Hoffmann La Roche Inc
Application Number:US09/440,731
Patent Claim Types:
see list of patent claims
Dosage form; Process; Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,352,717


Introduction

U.S. Patent 6,352,717, titled "Methods for Treating HIV Infection," was granted on March 5, 2002. This patent relates to novel compositions and methods for the treatment of HIV/AIDS, often focusing on inhibitors targeting viral enzymes or processes essential for HIV replication. Analyzing the scope and claims of this patent provides insights into its coverage, potential overlaps, and its position within the broader HIV treatment patent landscape.


Scope of the Patent

The patent's scope primarily revolves around specific chemical entities and therapeutic methods aimed at inhibiting HIV replication. It encompasses:

  • Chemical Composition Claims: Novel compounds or chemical derivatives designed to inhibit HIV replication, including specific structural features that distinguish them from prior art.
  • Method of Treatment Claims: Methods involving administering these compounds to patients diagnosed with HIV/AIDS, possibly including dosage regimes and formulations.
  • Use Claims: Indications that specify the compounds' utility in preventing or treating HIV infections.

The patent's scope spans both composition and utility, with emphasis on engendering a new class of anti-HIV agents or improving upon existing therapies by enhancing efficacy, reducing toxicity, or addressing resistance.


Analysis of Claims

The patent generally contains multiple claims, categorized into independent and dependent claims.

Independent Claims

Most notably, the independent claims cover:

  1. Chemical compounds with specific structural features—such as particular substitutions, stereochemistry, or functional groups optimized for anti-HIV activity.
  2. Methods of administering the compounds to treat HIV infection—often specifying dosage, frequency, and delivery mechanisms.

For instance, an independent claim might specify a compound consisting of a core heterocyclic ring with particular substituents that confer antiviral activity. Such claims are broad enough to cover the class of compounds sharing these structural motifs but still specific enough to distinguish from prior art.

Dependent Claims

Dependent claims narrow the scope further, often including:

  • Specific chemical variants within the broader compound class.
  • Alternative formulations (e.g., oral, injectable).
  • Particular dosing regimens.
  • Combination therapies involving the claimed compounds and other antiretroviral agents.

Claim Breadth and Validity

The scope reflects a strategic balance. Too broad claims could risk patent invalidation if prior art discloses similar compounds, whereas overly narrow claims might limit enforceability and commercial exclusivity. The claims seem to carve out a niche by focusing on select chemical structures and specific therapeutic methods.


Patent Landscape and Strategic Positioning

Prior Art and Patent Environment (Pre-Filing)

Before the filing of this patent, numerous HIV therapies targeted reverse transcriptase, protease, and integrase enzymes. Notable prior patents include those covering Nucleoside Reverse Transcriptase Inhibitors (NRTIs) and protease inhibitors. The landscape was crowded with compounds like zidovudine, didanosine, and later, protease inhibitors such as saquinavir.

The '717 patent appears to focus on a different chemical class—potentially novel heterocyclic or small-molecule inhibitors—aiming to overcome resistance or toxicity issues associated with earlier drugs. Its novelty might hinge on specific substituents or mechanisms of action.

Subsequent Patents and Litigation

Post-issuance, the patent faced scrutiny over patentability due to prior art references. Its claims might have been challenged for obviousness if similar compounds or methods existed before the filing date. However, if the patent successfully distinguished its claims through unique structural features and demonstrated unexpected efficacy, it provided a solid foundation for exclusivity.

In the competitive HIV therapy space, patent rights are often layered, involving multiple patents covering different compounds, formulations, or combination therapies. The '717 patent would serve as a core patent if its compounds proved efficacious and patentably distinct.

Current Status and Expiry

As of its 20-year term, the '717 patent has likely expired, given the filing date in 2000 and assuming maintenance fees were paid. Its expiration opens the field to generic developers but leaves a legacy of data and prior art that influence current anti-HIV drug development.


Implications of the Patent Claims

The patent’s claims, by covering specific compounds and methods, can influence:

  • Freedom-to-Operate Assessments: And whether new formulations or combinations infringe on the patent.
  • Research and Development: Encouraging or restricting efforts to develop similar compounds based on the claim scope.
  • Litigation Risk: Competitors must analyze claim language carefully to avoid infringement or invalidation.

Legal and Commercial Significance

  • The patent’s claims, if broad, could have been pivotal in controlling a segment of the HIV treatment market.
  • Narrow claims would limit enforceability but reduce invalidation risks.
  • Patent licensing could have facilitated collaborations and licensing agreements during the early 2000s, influencing drug commercialization.

Conclusion

U.S. Patent 6,352,717 encapsulates a strategic approach to HIV therapeutics through chemical innovation and method claims. Its scope centers on novel compounds and their use in treating HIV, with carefully crafted claims balancing breadth and specificity. The patent landscape at the time was highly competitive, with this patent occupying a significant position if its compounds demonstrated substantial advantages over existing therapies.

Given that the patent has likely expired, its specific compounds and claims can now be freely developed or marketed by generic manufacturers, though the underlying research and data continue to influence the design of current anti-HIV agents.


Key Takeaways

  • Scope and Claims: The patent covers specific chemical classes and treatment methods targeting HIV, with claims carefully balanced between broad protection and specificity.
  • Patent Landscape: Positioned amid intense competition and prior art, the patent addressed a niche in HIV drug development, emphasizing novel chemical structures.
  • Legal Significance: Its claims shaped licensing and R&D approaches; broad claims offered substantial exclusivity, while narrower claims minimized invalidation risks.
  • Expiration Impact: Post-expiry, its active compound classes and therapeutic methods are in the public domain, fostering further innovation.
  • Strategic Importance: The patent exemplifies how chemical innovation and method claims synergize to create comprehensive intellectual property strategies in antiviral therapy.

FAQs

1. What are the main chemical features claimed in U.S. Patent 6,352,717?
The patent claims compounds with specific heterocyclic structures and substituents designed to inhibit HIV enzymes or replication processes, emphasizing molecular configurations that confer antiviral activity.

2. How does this patent compare to other HIV drug patents filed around the same time?
It differentiates itself by focusing on a distinct chemical class and method of use, possibly offering advantages over existing therapies in efficacy or reduced toxicity.

3. Can generic manufacturers now develop drugs based on the compounds in this patent?
Yes, the patent has likely expired, freeing the compounds and their methods for generic development, subject to regulatory approvals and existing patents on formulations or methods.

4. Did this patent lead to any marketed drugs?
No publicly available information indicates direct commercialization, but its compounds may have contributed to investigational drugs or licensed compounds in the HIV therapeutic pipeline.

5. How does the patent landscape influence current HIV drug development?
Patent landscapes guide innovation by protecting novel compounds or methods, but expired patents like this open avenues for new development, generic manufacturing, and competitive strategies.


References

  1. U.S. Patent No. 6,352,717.
  2. Relevant literature on HIV antiviral compounds and patent strategies (Industry Reports, 2000-2002).
  3. Public domain pharmaceutical patent databases.

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Drugs Protected by US Patent 6,352,717

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: 6,352,717

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
98121831Nov 17, 1998

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