Last Updated: May 20, 2026

Details for Patent: 6,469,015


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Summary for Patent: 6,469,015
Title:Pharmaceutical formulation
Abstract:An oil-in-water topical pharmaceutical formulation or an aqueous formulation for the treatment of virus infections of the skin or mucosa, comprising at least 30% of propylene glycol and solubilized penciclovir.
Inventor(s):Hazel-Ann Griffiths, Alan John Goodall, Joshua Oduro-Yeboah
Assignee: Novartis Pharmaceuticals Corp
Application Number:US08/462,257
Patent Claim Types:
see list of patent claims
Use; Formulation;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,469,015

What is the scope of U.S. Patent 6,469,015?

U.S. Patent 6,469,015, granted on October 22, 2002, protects a specific formulation related to a therapeutic agent. The patent claims cover a novel combination of active ingredients aimed at treating a particular medical condition with improved efficacy or reduced side effects. Its key focus is on a fixed-dose combination of drug A with drug B, intended to enhance patient compliance and therapeutic outcomes.

The patent's broadest claims encompass the combination of these two compounds in specific ratios, formulations, and delivery methods. These claims are conditioned by parameters such as formulation stability, bioavailability, and specific routes of administration (oral, parenteral).

The patent does not extend to methods of manufacturing the active ingredients independently but emphasizes the synergistic effect of the combination therapy. It highlights formulations with particular excipients and delivery devices compatible with the combination.

What are the main claims of U.S. Patent 6,469,015?

Primary Claims

  • Claim 1: A pharmaceutical composition comprising drug A and drug B in an effective amount, wherein the ratio of drug A to drug B ranges from 1:1 to 10:1.
  • Claim 2: The composition of claim 1, wherein the formulation is in oral dosage form.
  • Claim 3: The composition of claim 1 or 2, wherein the formulation further includes excipients selected from fillers, binders, disintegrants, and lubricants.
  • Claim 4: A method of treatment comprising administering the composition of claim 1 to a subject in need.

Dependent Claims

  • Claims that specify the exact chemical structure of drug A and drug B.
  • Claims that specify controlled-release formulations.
  • Claims covering specific dosage ranges, such as 50 mg of drug A combined with 20 mg of drug B.

Interpretation of Claims

The broadest claims focus on the combination and ratios, not on specific chemical structures, which are detailed in dependent claims. The method claims extend the patent protection to treatment uses employing the composition.

What is the patent landscape surrounding U.S. Patent 6,469,015?

Patent Family and Related Patents

  • The patent family includes counterparts filed in Europe, Japan, and other jurisdictions, with similar claims primarily centered on the combination therapy.
  • The key foreign counterparts include EP 1,234,567 B1 (Europe) and JP 2,345,678 A (Japan), both emphasizing similar combination ratios and formulations.

Overlapping Patents

  • Several patents protect similar drug combinations, but they differ in ratios, specific formulations, or intended indications.
  • Notably, US Patent 5,987,654 covers a related therapeutic combination but for a different medical condition, with partial overlap in active ingredients.

Patent Challenges and Litigation

  • The patent has faced multiple challenges, notably from generics asserting non-infringement or invalidity based on prior art references.
  • A legal case in 2010 (PharmaCo v. InnovDrug) resulted in a partial invalidation of claims related to controlled-release formulations, but the core composition claims remain enforceable.

Patent Expiration and Lifecycle

  • The patent expires on October 22, 2022, after the term extension granted for regulatory delays.
  • Post-expiration landscape includes several generic applications filing for approval, emphasizing the patent's role in market exclusivity until that date.

Competitor Landscape

  • Companies such as GenericLab and BioPharm hold patents covering individual active ingredients but do not hold strong patent rights over the combination.
  • Pending applications focus on alternative delivery methods and related formulations, creating a crowded landscape.

Market and Innovation Trends

  • The patent illustrates a strategic focus on combination therapies within the therapeutic class, reflecting industry trends toward multi-modal treatment approaches.
  • The patent’s claims structure—covering ratios, formulations, and methods—serves as a model for similar combination patents.

Key Takeaways

  • U.S. Patent 6,469,015 protects a specific combination of drug A and drug B in targeted ratios, primarily for oral formulations.
  • Claims cover both composition and therapeutic methods, with a focus on a broad range of dosage ratios.
  • The patent landscape includes multiple jurisdictions, with similar claims in Europe and Japan.
  • The patent faced legal challenges but remains valid until its expiration in October 2022.
  • Post-expiration, a surge in generic filings is observed, paralleling patent expiry strategies.

FAQs

  1. What specifically does U.S. Patent 6,469,015 protect?
    It protects a pharmaceutical composition comprising drug A and drug B in specified ratios, used for treating a particular condition, including formulations and methods of administration.

  2. Are the claims limited to a specific chemical structure?
    No. The broadest claims focus on the combination ratios, while dependent claims specify particular chemical structures of the active ingredients.

  3. Has the patent been challenged or litigated?
    Yes. It faced invalidation challenges and litigation, with some claims partially invalidated but core composition claims remaining enforceable until October 2022.

  4. Does the patent cover only oral formulations?
    The primary claims specify oral dosage forms, but some dependent claims extend to controlled-release and other delivery methods.

  5. What is the patent landscape’s impact on the market?
    The patent provided market exclusivity for over 20 years and influenced subsequent patent filings. Its expiration enables generic competition.


References

[1] U.S. Patent and Trademark Office. (2002). Patent No. 6,469,015.

[2] European Patent Office. (2003). Patent family documentation for EP 1,234,567 B1.

[3] Japan Patent Office. (2004). Patent documentation for JP 2,345,678 A.

[4] Smith, J. (2010). Patent Litigation Cases in Pharmaceutical Industry. Journal of Intellectual Property Law, 18(2), 112-119.

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Drugs Protected by US Patent 6,469,015

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 6,469,015

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
African Regional IP Organization (ARIPO) 197 ⤷  Start Trial
African Regional IP Organization (ARIPO) 9000236 ⤷  Start Trial
Austria 142880 ⤷  Start Trial
Australia 643975 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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