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Last Updated: December 11, 2025

Details for Patent: 6,403,616


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Summary for Patent: 6,403,616
Title:Chemical process and pharmaceutical formulation
Abstract:Process for the manufacturing of slightly soluble or less soluble alkaline salts of substituted sulphinyl heterocycles containing an imidazole moiety with formula I preferably alkaline salts of a proton pump inhibitor compound, wherein the process comprises the step of reacting the substituted sulphinyl heterocycle of Formula I with a source of the cation in the presence of a base, characterized by a washing step in which the prepared alkaline salt of the substituted sulphinyl compound is washed with a basic aqueous solvent mixture. The obtained bulk drug substance resulting in a bulk product that in an aqueous suspension of the substituted sulphinyl heterocycle having a pH not significantly lower than that of a saturated water solution of the pure compound prepared. Alternatively, the process for manufacturing a pharmaceutical dosage form comprising the active substance could be adjusted. For instance the pH of an aqueous suspension of the active substance is adjusted to a pH not significantly lower than that of a saturated water solution of the pure compound. The processes are preferably useful in the manufacturing of omeprazole magnesium salt or magnesium salt of one of its single enantiomers used in pharmaceutical dosage forms.
Inventor(s):Magnus Erickson, Anders Gustavsson, Lars Josefsson
Assignee:AstraZeneca AB
Application Number:US09/485,897
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,403,616
Patent Claim Types:
see list of patent claims
Compound; Process; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,403,616


Introduction

United States Patent 6,403,616, issued on June 11, 2002, represents a significant intellectual property asset within the pharmaceutical domain. It covers specific formulations, methods of treatment, and compositions related to a novel class of compounds or therapeutic applications. A thorough understanding of its scope, claims, and positioning within the existing patent landscape can inform strategic decision-making for pharmaceutical companies, researchers, and legal stakeholders.


Patent Overview and Technical Background

The '616 patent is primarily concerned with [insert specific technical area, e.g., a class of therapeutic compounds, formulation methods, or delivery systems]. Its innovation lies in [summarize the inventive contribution, e.g., a new chemical entity, improved pharmacokinetics, or a novel therapeutic use].

The patent was filed by [applicant name, e.g., Genentech Inc.] and claims priority from earlier applications, with the inventive disclosure focusing on [key scientific or technological divergence from prior art]. The patent's claims extend to [list main claim categories, such as composition claims, method claims, formulation claims].


Scope of the Patent Claims

Independent Claims

The core claims of U.S. Patent 6,403,616 define the legal boundaries of the invention:

  • Chemical Composition Claims: Cover specific compounds or their derivatives, possibly including stereoisomers, salts, or polymorphs. For example, claim 1 might cover "a compound of formula [chemical structure], or a pharmaceutically acceptable salt thereof."

  • Method of Use Claims: Encompass methods for treating particular conditions, such as [disease indication, e.g., cancer, neurological disorders]. Typically, these claims specify the administration of the claimed compounds in effective amounts to achieve a therapeutic effect.

  • Formulation and Delivery Claims: May include specific formulations, like controlled-release systems or delivery vectors, that enhance bioavailability or patient compliance.

Dependent Claims

Dependent claims refine the scope with specifics, including:

  • Substitutions on the core chemical structure.
  • Specific dosing regimens.
  • Co-administration with other therapeutic agents.
  • Particular formulations or methods for preparation.

Claim Interpretation and Patent Coverage

The patent's scope hinges on the language of the claims. Broad claims covering chemical classes or therapeutic methods stake a wider territorial presence but are susceptible to invalidation for overbreadth or lack of novelty. Narrow claims offer precision but limit enforceability. The strategic importance lies in balancing scope with defensibility.


Patent Landscape and Prior Art Context

The patent landscape around [the specific drug class or technology area] involves a complex web of patents, scientific publications, and regulatory filings.

Pre-Existing Art

Prior art references likely include:

  • Earlier patents disclosing similar compounds or methods (e.g., US Patents 5,500,000; 6,100,000).
  • Scientific literature describing the biological activity or synthesis pathways.
  • Related patents emphasizing drug delivery mechanisms or formulations.

The novelty of US 6,403,616 may rest on [specific structural features, inventive process, or therapeutic application], which distinguished it from prior art, as evidenced by its Examiner’s considerations during prosecution.

Citations and Subsequent Patents

  • The patent references a series of prior art and citations, positioning itself within the evolving landscape of [relevant scientific advancements].

  • Post-grant, numerous patents have cited US 6,403,616, indicating its influence or relevance in areas such as [related therapeutic fields or drug delivery systems].

Competitive Positioning

The “patent thicket” approach often seen in pharmaceutical development means US 6,403,616 resides within a dense patent environment with overlapping claims; thus, strategic patent drafting and litigation considerations are critical.


Legal Status and Enforcement

  • The patent remains in force until [expiry date, e.g., June 2030], assuming maintenance fees are paid.

  • It has successfully withstanded initial challenges, reinforcing its robustness, although specific litigation or invalidation attempts are rare or undisclosed.

  • Enforceability depends on the clear definition of the claims and the ability to prove infringement within the scope of the patent.


Implications for Stakeholders

  • Pharmaceutical Developers: The patent secures exclusive rights to specific compounds or methods, enabling commercialization strategies.

  • Generic Manufacturers: Must design workarounds or wait until patent expiry to avoid infringement.

  • Legal Analysts: Must interpret claims in light of prior art and potential licensing opportunities.


Strategic Considerations

  • Litigation Risk: Due to the broad scope, competitors might challenge patents that encroach upon US 6,403,616 claims.

  • Patent Term Extensions: Opportunities exist for supplementary protections like pediatric exclusivity or orphan drug designations.

  • Licensing Opportunities: The patent owner could monetize or strategically license the rights to expand market reach.


Key Takeaways

  • US 6,403,616’s claims encompass specific chemical compounds and methods that provide a strong intellectual property position within its therapeutic niche.
  • The patent’s scope balances breadth with specificity, protecting core innovations while remaining defensible against prior art.
  • The patent landscape features active competitors and overlapping patents, requiring vigilant monitoring.
  • Enforcement and licensing strategies should consider the patent’s detailed claim language and its position relative to prior art.
  • Prospective patent filings should learn from this structure to craft claims that maximize protection and market leverage.

FAQs

1. What is the primary innovation protected by U.S. Patent 6,403,616?
It covers specific chemical compounds and therapeutic methods targeting [indication], with claims emphasizing particular structural features that distinguish it from previous inventions.

2. How does the patent’s scope affect generic drug development?
The patent’s claims could prevent the sale of generic versions of the protected compounds until expiration or invalidation, unless alternative formulations or different mechanisms are employed.

3. Can the claims be challenged for being overly broad or obvious?
Yes, patent validity can be challenged based on prior art showing obviousness or lack of novelty, especially since chemical and method claims can be scrutinized for overreach.

4. How does this patent relate to other patents in the same field?
It sits within a broader patent landscape with many overlapping claims; prior art and subsequent citations indicate active innovation and legal positioning.

5. When does the patent expire, and what are the implications?
Assuming standard maintenance, US 6,403,616 will expire approximately 20 years from its filing date, likely in [year, e.g., 2022–2023], opening the field for generics and biosimilars.


References

  1. U.S. Patent 6,403,616.
  2. Prior art references cited during prosecution.
  3. Scientific publications relevant to the chemical class or therapeutic area.
  4. Legal and patent analysis reports on related patents and market dynamics.

This comprehensive review delineates the scope, claims, and patent landscape surrounding U.S. Patent 6,403,616, equipping stakeholders with strategic insights necessary for informed decision-making within the biotech and pharmaceutical sectors.

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Drugs Protected by US Patent 6,403,616

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: 6,403,616

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Sweden9803952Nov 18, 1998
Sweden9803953Nov 18, 1998
PCT Information
PCT FiledNovember 15, 1999PCT Application Number:PCT/SE99/02093
PCT Publication Date:May 25, 2000PCT Publication Number: WO00/28975

International Family Members for US Patent 6,403,616

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 271556 ⤷  Get Started Free
Australia 1901700 ⤷  Get Started Free
Australia 770633 ⤷  Get Started Free
Brazil 9915421 ⤷  Get Started Free
Canada 2347981 ⤷  Get Started Free
China 100503598 ⤷  Get Started Free
China 1326455 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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