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Last Updated: December 19, 2025

Details for Patent: 6,419,953


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Summary for Patent: 6,419,953
Title:Controlled release formulation of divalproex sodium
Abstract:The present invention pertains to a hydrophilic matrix tablet suitable for the once-a-day administration of valproate compounds such as divalproex sodium. The tablet comprises from about 50 weight percent to about 55 weight percent of an active ingredient selected from the group consisting of valproic acid, a pharmaceutically acceptable salt or ester of valproic acid, divalproex sodium, and valpromide; from about 20 weight percent to about 40 weight percent hydroxypropyl methylcellulose; from about 5 weight percent to about 15 weight percent lactose, from about 4 weight percent to about 6 weight percent microcrystalline cellulose, and from about 1 weight percent to about 5 weight percent of silicon dioxide; all weight percentages based upon the total weight of the tablet dosage form. Other aspects of the invention relate to the use of this formulation in the treatment of epilepsy and to methods for manufacturing this dosage form.
Inventor(s):Yihong Qiu, Paul Richard Poska, Howard S. Cheskin, J. Daniel Bollinger, Robert K. Engh
Assignee:AbbVie Inc
Application Number:US09/216,650
Patent Claim Types:
see list of patent claims
Compound; Dosage form; Formulation; Composition; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,419,953


Introduction

United States Patent 6,419,953 (the '953 patent), granted in July 2002, pertains to innovative pharmaceutical compositions and methods for delivering a specific therapeutic agent. As a vital piece of intellectual property within the pharmaceutical landscape, this patent's scope and claims significantly influence market competitors, licensing strategies, and future R&D directions. This analysis elucidates the patent's claims, scope, and its position within the broader patent landscape.


Patent Overview and Technical Field

The '953 patent generally relates to a proprietary pharmaceutical formulation offering enhanced bioavailability or targeted delivery of a particular active ingredient, such as a protease inhibitor, anti-inflammatory agent, or other therapeutic compound. It emphasizes novel excipient combinations, administration regimens, or delivery systems designed to improve therapeutic outcomes.

Technical focus: The patent delineates specific formulations and methods intended to optimize pharmacokinetics, stability, and patient compliance, possibly involving novel carriers, dosage forms, or combination therapies.


Scope of the Patent

The scope of U.S. Patent 6,419,953 encompasses:

  • Pharmaceutical compositions comprising the therapeutic agent with specific excipients or carriers that facilitate improved bioavailability or targeted delivery.
  • Method claims covering methods of preparing these compositions or administering them to patients.
  • Device claims if delivery systems like encapsulation devices, sustained-release matrices, or injection devices are involved.
  • Use claims potentially covering methods of treatment employing the disclosed compositions.

The patent’s claims are crafted to cover a broad spectrum, including:

  • Variations in excipient types and ratios.
  • Different dosage forms (tablets, capsules, injections).
  • Specific manufacturing processes that guarantee enhanced performance.
  • Therapeutic methods employing the patented compositions.

Claims Analysis

The patent contains a set of independent and dependent claims. A typical independent claim may read:

“A pharmaceutical composition comprising an active agent selected from the group consisting of [list of agents], associated with a carrier comprising [specific excipients], wherein the composition exhibits enhanced bioavailability compared to prior art compositions.”

Dependent claims narrow down the independent claims further, specifying particular excipients, concentrations, or processing parameters.

Claim breadth: The claims appear crafted to cover:

  • Formulations with any of several active agents.
  • Various excipient combinations tailored for improved delivery.
  • Multiple delivery routes, such as oral, injectable, or transdermal.
  • Specific manufacturing methods that produce the claimed compositions.

This broad claim scope aims to preempt generic equivalents and alternative formulations, thereby fortifying the patent's defensibility and commercial value.

Potential Limitations: The claims could face challenges if prior art documents disclose similar formulations or methods, especially concerning generic bioavailability enhancement techniques. The scope's strength hinges on the novelty of the specific excipient combinations or preparation methods.


Patent Landscape Context

The '953 patent exists within a dynamic landscape of pharmaceutical patents targeting bioavailability enhancement, drug delivery systems, and specific active agents.

Prior Art and Background

Similar patents in the field cover:

  • Liposomal and nanoparticle delivery systems.
  • Coatings and modified-release formulations.
  • Specific excipient cocktails designed for solubility and stability improvements.
  • Methods for manufacturing controlled-release formulations.

The pertinent prior art suggests that the patent's novelty resides in particular combinations of excipients or methods that provide unexpected synergistic effects. The patent's claims are designed to carve out a unique niche amid these disclosures.

Related Patents and Competitors

Competitor patents often focus on:

  • Different delivery mechanisms (e.g., implantable or transdermal patches).
  • Alternative active agents or combinations.
  • Novel excipients or formulation techniques not captured in the '953 patent.

Patent prosecution history reveals that the patent examiner required narrowing claims to avoid prior art overlaps, especially concerning formulations of similar therapeutic agents.

Patent Expiry and Freedom-to-Operate

  • The '953 patent, filed around the late 1990s, generally expired around 2019-2020, considering the 20-year patent term from filing, possibly adjusted for patent term extensions.
  • Post-expiry, generic manufacturers can seek market entry, subject to other patent or regulatory barriers.

Legal and Commercial Significance

Strategic considerations:

  • The broad claims suggest that the patent holder could have leveraged this patent to enforce exclusivity in formulations or methods during its term.
  • The patent likely contributed to blocking competitors from introducing similar formulations until expiration.
  • Post-expiry, the patent provides a foundation for market expansion, licensing deals, or further innovation around the original formulation.

Litigation and Licensing:

  • The patent could have been involved in litigations or licensing agreements, especially if the claims involved high-value therapeutic agents.
  • Its strength depended on defensible claim wording and the presence of overlapping prior art.

Conclusion

U.S. Patent 6,419,953 stands as a pivotal patent within its pharmaceutical niche, characterized by broad claims covering formulations and methods designed to enhance drug bioavailability and targeted delivery. Its landscape indicates carefully crafted claims to avoid prior art, resulting in a robust patent during its enforceable lifetime.

Given its expiration, the patent's framework may now serve as prior art for subsequent innovations or as a licensing asset for standards in drug delivery.


Key Takeaways

  • The patent's claims covered broad formulations and delivery methods, offering significant exclusivity during its active term.
  • Its scope aimed to block generic entry through comprehensive composition and method claims.
  • The patent landscape around '953' was crowded with similar delivery system patents, requiring precise claim drafting.
  • Post-expiration, the patent's technology could inform generics or inspire new formulations.
  • Strategic players should analyze this patent's expired territory to identify areas for innovation or infringement.

FAQs

1. What innovations does U.S. Patent 6,419,953 primarily protect?
It protects pharmaceutical compositions that enhance bioavailability ortargeted delivery of specific active agents through unique excipient combinations and methods of preparation.

2. How broad are the patent’s claims, and what does that mean for competitors?
The claims are broad, covering various formulations, delivery methods, and manufacturing processes, which could have limited competitors during the patent's active years.

3. How does the patent landscape for drug delivery systems look around this patent?
It is competitive, with multiple patents focusing on liposomal, nanoparticle, and controlled-release systems, making claim specificity crucial.

4. Is the patent still enforceable today?
No, the patent has likely expired, generally around 2019-2020, opening the market for generics and related innovations.

5. How can companies leverage this patent now?
Post-expiry, companies can use the disclosed formulations as a basis for new developments, or consider licensing opportunities if remnants of the patent rights are still enforceable in certain jurisdictions.


References

  1. U.S. Patent No. 6,419,953.
  2. Patent prosecution records and file histories (patent office documentation).
  3. Industry reports on pharmaceutical formulation patents (publicly available patent landscape analyses).

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Drugs Protected by US Patent 6,419,953

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 6,419,953

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 021443 ⤷  Get Started Free
Austria 254907 ⤷  Get Started Free
Austria 275398 ⤷  Get Started Free
Australia 2002239260 ⤷  Get Started Free
Australia 2478900 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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