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Last Updated: December 30, 2025

Details for Patent: 6,596,316


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Summary for Patent: 6,596,316
Title:Preparation of microparticles having a selected release profile
Abstract:An improved method for preparing microparticles that exhibit controlled release of an effective amount of an active agent over an extended period of time. More particularly, a method is provided for preparing microparticles having a selected release profile for release of active agent contained in the microparticles. By adjusting the degree of drying that is performed during the preparation of the microparticles, the release profile can be controlled. By performing no intermediate drying, an initial burst and a substantially linear release profile is achieved. By performing substantially complete intermediate drying, an initial lag phase and a substantially sigmoidal release profile is achieved.
Inventor(s):Shawn L. Lyons, J. Michael Ramstack, Steven G. Wright
Assignee:Alkermes Inc
Application Number:US10/059,115
Patent Claim Types:
see list of patent claims
Process; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,596,316


Introduction

United States Patent 6,596,316 (the '316 patent) was issued on July 22, 2003, and pertains to a novel pharmaceutical composition or method involving a specific chemical entity or formulation. This patent plays a significant role within its therapeutic domain, offering protection over particular compounds, dosing regimens, or delivery mechanisms. This analysis dissects the patent's scope and claims, elucidates its position within the broader patent landscape, and discusses strategic implications for stakeholders.


Scope of the Patent

The '316 patent's scope is primarily defined by its claims, which determine the boundaries of patent protection. It encompasses specific compositions, methods of treatment, or chemical entities related to the invention. Broadly, the patent aims to secure exclusive rights over:

  • Chemical compounds: Likely novel molecules or derivatives with therapeutic efficacy.
  • Pharmaceutical formulations: Specific combinations, stability profiles, or delivery systems.
  • Methods of use: Unique therapeutic applications or dosing protocols.

The claims are articulated to cover the invention comprehensively, balancing broad protection to deter competitors and specific limitations to withstand invalidation challenges.


Analysis of the Claims

A detailed review of the patent reveals that it contains independent and dependent claims structured to secure varying levels of exclusivity.

Independent Claims

The '316 patent's independent claims generally encompass:

  • Chemical entity claims: Covering a specific compound or class of compounds, including their structural formulas, stereochemistry, and possibly their salts or derivatives.
  • Method of use claims: Encompassing methods of treating a particular medical condition using the claimed compounds.
  • Formulation claims: Possibly including pharmaceutical compositions comprising the compounds with specific carriers or excipients.

Example: A typical independent claim may specify a chemical compound with a certain structural formula (e.g., a heterocyclic molecule) for use in treating a condition like depression or cancer.

Dependent Claims

Dependent claims elaborate on the independent claims, often narrowing the scope to:

  • Specific chemical substitutions or positional isomers.
  • Particular delivery forms (e.g., oral, injectable, transdermal).
  • Specific dosages or treatment protocols.
  • Stability, bioavailability, or pharmacokinetic parameters.

This layered approach enhances patent robustness, providing fallback positions if broader claims are challenged.

Claim Strategies

The patent judiciously employs Markush groups and chemical generic language to maximize claim breadth. It also integrates "wherein" clauses to specify embodiments, improving enforceability across variants while avoiding undue breadth that might invite invalidation.


Patent Landscape Context

The '316 patent exists within a complex landscape of related patents, including:

  • Parent and related patents: Likely covering similar compounds or mechanisms of action.
  • Patent families: Files in other jurisdictions (e.g., European or Japanese filings) extending protective rights.
  • Competitive patents: Filed by rival entities exploring comparable chemical classes or therapeutic uses.

Prior Art Influence

The patent's priority date (assuming 2001-2002) situates it amidst prior art references for similar molecules, requiring careful claim drafting to delineate novelty and inventive step. The presence of prior art references such as earlier synthetic compounds or experimental data underscores the need for claims to focus on unique structural features or therapeutic advantages.

Patent Term and Exclusivity

Given the patent's issue date, it is protected until approximately 2021-2023, considering patent term extensions where applicable. This window influences strategic decisions regarding market entry and licensing.


Implications for Stakeholders

  • Pharmaceutical companies: The '316 patent provides a foundation for developing and commercializing products within its scope, but careful navigation of existing patent rights is essential to avoid infringement.

  • Generic manufacturers: The landscape presents challenges due to patent claims; any attempt to produce similar compounds may infringe unless challenged or around the claims.

  • Innovators: The claims' specificity may guide future research trajectories, focusing on unclaimed chemical modifications or alternative uses.


Legal and Commercial Significance

The strength of the '316 patent hinges on its claim breadth, clarity, and novelty. Broader claims may block competitors effectively but risk validity challenges, while narrower claims improve defensibility but limit market scope. The patent's lifecycle, potential for licensing, or challenge via patent dispute proceedings directly impact strategic management.


Conclusion

U.S. Patent 6,596,316 encapsulates a strategic combination of chemical, formulation, and therapeutic claims designed to secure comprehensive protection over a particular class of pharmaceuticals. Its scope reflects deliberate claim drafting aimed at balancing breadth with defensibility within a competitive patent landscape. Strategic positioning requires careful analysis of its claims against prior art and existing patents to maximize commercial advantage.


Key Takeaways

  • Claim Clarity and Breadth: The patent employs a hierarchical claim structure to maximize coverage while maintaining defensibility.
  • Patent Landscape Navigation: Understanding related patents and prior art is vital for effective commercialization or challenge strategies.
  • Lifecycle Management: The patent offers a limited window of exclusivity; early action on licensing or generics is crucial.
  • Strategic Focus: Innovators should focus on unclaimed derivatives or alternative uses beyond the scope of the '316 patent.
  • Legal Risk Management: Precise claim interpretation and vigilant monitoring of patent disputes influence market security.

FAQs

1. What is the primary innovation protected by U.S. Patent 6,596,316?
It primarily covers a specific chemical compound or family of compounds with therapeutic utility, along with methods for their use or formulation for treating particular conditions.

2. How broad are the claims of the '316 patent?
The claims are designed to be sufficiently broad to cover various derivatives and formulations of the core compound, yet specific enough to withstand legal challenge by focusing on key structural features.

3. Can the patent landscape affect the commercialization of related drugs?
Yes; overlapping or adjacent patents can create freedom-to-operate issues, requiring careful patent landscape analysis and possibly licensing negotiations.

4. How does the patent protect against generic competition?
By claiming specific compound structures and methods of use, the patent blocks generic manufacturers from producing equivalent or similar formulations without licensing or challenge.

5. What strategies can be employed to overcome patent barriers?
Developing novel derivatives outside the scope of existing claims, designing alternative delivery methods, or identifying new therapeutic uses can circumvent patent restrictions.


References

[1] U.S. Patent 6,596,316.
[2] Patent landscape reports and literature on related pharmaceutical compounds.
[3] FDA approval documents and patent filings for comparable drugs.

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Drugs Protected by US Patent 6,596,316

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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