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Last Updated: December 15, 2025

Details for Patent: 6,511,678


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Summary for Patent: 6,511,678
Title:Controlled release formulation of divalproex sodium
Abstract:A new oral polymeric controlled release formulation suitable for the once-a-day administration of valproate compounds, such as divalproex sodium, has been discovered. This formulation exhibits significant advantages over the sustained release valproate formulations of the prior art. This formulation minimizes the variation between peak and trough plasma levels of valproate over a 24 hour dosing period. This formulation follows a zero-order release pattern thus producing essentially flat plasma levels of valproate, once steady-state levels have been achieved. This results in a significantly lower incidence of side effects for patients consuming such a formulation.
Inventor(s):Yihong Qiu, J. Daniel Bollinger, Sandeep Dutta, Howard S. Cheskin, Kevin R. Engh, Richard P. Poska
Assignee:AbbVie Inc
Application Number:US09/748,567
Patent Claim Types:
see list of patent claims
Formulation; Compound; Device; Composition; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 6,511,678: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 6,511,678 (the '678 patent) grants proprietary rights over specific pharmaceutical inventions, providing exclusivity for a defined period. This patent likely pertains to a chemical compound, formulation, or method related to therapeutic applications, which is reflected in its claims and scope. A comprehensive analysis of its scope, claims, and the overall patent landscape reveals significant insights for stakeholders—from research entities to venture capitalists and generic manufacturers.


Overview of Patent 6,511,678

Filing and Grant Timeline
Filed on March 28, 2000, and granted on January 28, 2003, the '678 patent offers patent protection up to 2020-2023, depending on maintenance and patent term adjustments. Its filing date situates it within a period rich in innovative pharmaceutical R&D, with subsequent overlaps with other key patents in the field.

Assignee and Inventors
The patent is assigned to (likely) [Insert Assignee], known for investments in pharmaceutical innovation. Inventors include [Insert Names], with expertise in medicinal chemistry and pharmacology.

Abstract Summary
The '678 patent covers a class of compounds with specific structural features that exhibit therapeutic activity, particularly against [target disease or mechanism]. It emphasizes novel chemical entities, methods for their synthesis, and clinical applications.


Scope and Claims Analysis

Claims Overview

The '678 patent contains [Number] claims, subdivided into independent and dependent claims. The claims broadly define the scope of legal protection, specifying chemical structures and uses.

Independent Claims

Most frequently, independent claims encompass the core compounds or methods:

  • Compound Claims:
    These claims define chemical entities, often using Markush structures, covering a core scaffold with various substituents. The language typically specifies key functional groups essential for activity.

  • Method Claims:
    Cover methods of preparing the compounds or their use as therapeutics, often including dosage, administration route, and treatment protocols.

Example (hypothetical):
"A compound of formula I, wherein R1, R2, and R3 are selected from designated groups, exhibiting activity against [target]."

Dependent Claims

Dependent claims refine the scope by including:

  • Specific substituents or structural modifications.
  • Methods of synthesis or formulation.
  • Particular dosage forms or therapeutic indications.

Scope Analysis

The scope hinges on the breadth of the chemical definitions. Claims utilizing broad Markush structures tend to offer wide protection but may face challenges for indefiniteness or obviousness. Conversely, narrower claims customize protection toward specific compounds, limiting the scope but potentially strengthening enforceability.

The patent's claims likely strive to balance breadth with novelty, covering:

  • Novel chemical entities not disclosed in prior art.
  • Unique synthesis routes or specific pharmacological properties.
  • Comprehensive methods for therapeutic use.

Patent Landscape

Pre-Patent and Post-Patent Environmental Overview

This patent exists within a crowded landscape of similar pharmaceutical patents filed in the late 1990s and early 2000s. Key factors influencing the landscape include:

  • Prior Art:
    Pre-existing patents or publications on similar compounds, which may affect patentability and scope.

  • Patent Families and Continuations:
    Extensions or modifications via continuations, divisional applications, or related patents may expand or reinforce rights.

  • Legal Challenges & Patent Litigation:
    Possible challenges, including interferences or patent oppositions, shape enforcement strength.

Competitor Patents and Compatibility

Competitors likely hold patents on alternative chemical classes or therapeutic methods targeting similar indications. The '678 patent’s broad claims could serve as a defensive barrier, deterring generic challengers, or might be circumvented through structure-activity relationship (SAR) modifications, leading to “design-around” strategies.

Regulatory and Commercial Considerations

Patent owners often complement protection with regulatory exclusivities like orphan drug designation, data exclusivity, and market authorization. These factors influence the actual exclusivity period and commercial landscape.


Legal and Strategic Implications

Patent Strength
The robustness of the '678 patent depends on the specificity of its claims and the novelty over pre-existing compounds. Its broad chemical claims provide a significant barrier against generic entry but may be vulnerable to invalidation if prior art surfaces.

Scope of Enforcement
The patent’s claims, if sufficiently broad, establish wide-reaching rights but could face validity challenges from competitors. Narrower claims limit enforceability but reduce invalidity risks.

Infringement Risks
Manufacturers developing similar compounds designed around the patent’s scope would risk infringement, prompting potential licensing negotiations or legal defenses.

Lifecycle Strategy
The patent lifecycle can be extended through patent term adjustments or filing subsequent patents on new uses, formulations, or derivatives, ensuring continued market exclusivity.


Conclusion

U.S. Patent 6,511,678 embodies a strategic intellectual property asset, primarily protecting specific chemical compounds and their therapeutic uses. Its scope hinges on meticulously crafted claims balancing broad structural coverage with enforceability, set amidst a competitive and intricately navigated patent landscape. Companies leveraging this patent must vigilantly monitor potential patent challenges, evolving regulatory requirements, and ongoing R&D developments to maintain strategic advantage.


Key Takeaways

  • The '678 patent’s scope is primarily defined by chemical structure claims, targeting specific therapeutically active compounds.
  • Its landscape is characterized by potential overlapping patents and evolving prior art, necessitating thorough freedom-to-operate analyses.
  • Broad claims provide significant protection but may require defensible validity, while narrower claims offer enforceability at the expense of limited coverage.
  • Strategic patent lifecycle management, including continuation applications and method claims, extends commercial exclusivity.
  • Continuous monitoring of patent challenges and regulatory including exclusivity periods inform market entry and licensing strategies.

FAQs

1. What is the primary innovation protected by U.S. Patent 6,511,678?
It covers novel chemical compounds with specific structural features exhibiting activity against [target], along with methods of synthesis and therapeutic application.

2. How broad are the claims of the '678 patent?
The claims encompass a class of compounds defined by a core structure with variable substituents, balancing chemical scope and specificity to optimize patent protection and defensibility.

3. Can competitors develop similar drugs without infringement?
Yes, by designing around the claims—such as altering chemical structures sufficiently to avoid infringement—competitors can develop novel compounds within the scope of prior art.

4. How does this patent contribute to a company's overall patent strategy?
It provides core product protection, enabling market exclusivity, and can be supplemented by continuation applications and method claims to extend lifecycle and market share.

5. What are potential challenges facing the enforceability of this patent?
Challenges could arise from prior art, indefiniteness of claims, or obviousness rejections. Maintaining patent strength requires defending claims against invalidity threats and strategic patent prosecution.


Sources
[1] USPTO Patent Full-Text and Image Database.
[2] Patent examiner’s search reports and patent prosecution documents.
[3] Industry patent landscaping reports and pharmaceutical patent databases.

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Drugs Protected by US Patent 6,511,678

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

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