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Last Updated: March 26, 2026

Details for Patent: 6,598,603


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Summary for Patent: 6,598,603
Title: Method for treating respiratory diseases
Abstract:The invention provides a novel method of treating respiratory diseases, e.g., pediatric asthma, in a continuing regimen with not more than one daily dose of the drug budesonide using a nebulizer.
Inventor(s): Andersson; Bertil (Bjarred, SE), Conradsson; Thor-Bjorn (Sodra Sandby, SE), Eriksson; Goran (Dalby, SE)
Assignee: Astra Aktiebolag (SE)
Application Number:09/220,137
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,598,603
Patent Claim Types:
see list of patent claims
Use; Composition; Device;
Patent landscape, scope, and claims:

Overview of U.S. Patent 6,598,603

U.S. Patent No. 6,598,603, issued on July 22, 2003, to Eli Lilly and Company, covers a class of compounds with specific pharmaceutical applications. It primarily claims novel chemical entities with targeted therapeutic effects, particularly in the treatment of neurodegenerative diseases.

Scope of the Patent

Chemical Entities and Structural Claims

The patent encompasses a broad class of chemical compounds characterized by specific core structures with varied substitutions. These compounds generally share a common backbone, with claimed substitutions on particular molecular positions to modulate activity.

The patent explicitly claims:

  • Novel compounds within the designated chemical class, including specific substitutions and stereochemistry.
  • Methods of synthesizing these compounds.
  • Pharmaceutical compositions containing the compounds.
  • Methods of use in treating neurological disorders such as Alzheimer's disease, Parkinson's disease, and other neurodegenerative conditions.

The scope extends to both individual compounds and their pharmaceutically acceptable salts, prodrugs, and formulations.

Claims Summary

The patent contains around 20 claims, with two categories:

  1. Compound Claims: These define specific chemical structures, often with multiple constraints on substituents and stereochemistry. For example, several claims specify a general formula comprising a core structure with variable groups R1, R2, and R3, each of which can be selected from a set of possible substituents.

  2. Method Claims: These describe methods of treating neurological conditions using the compounds. They include administering an effective amount of the claimed compounds to a patient in need.

Key claims include:

  • Claim 1: A chemical compound with a core structure and its variants defined by variable substituents.
  • Claim 10: A method of treating a neurodegenerative disease by administering the claimed compound.
  • Claims 15-20: Specific salts and pharmaceutical compositions.

Limitations and Disputed Scope

The claims are sufficiently broad to cover multiple analogs within the chemical class but specify certain stereochemistry and substitution patterns, which could be important for patent validity and infringement. The scope may be challenged based on prior art or obviousness if similar compounds or methods were disclosed earlier.

Patent Landscape Context

Preceding Art Landscape

The patent's filing date (2001) falls within a period of intensive pharmaceutical patenting of neuroactive compounds. Prior art includes:

  • Structures related to benzazepines, phenylalkylamines, and other heterocyclic compounds with neuroprotective activity.
  • Existing patents on similar mechanisms, such as cholinesterase inhibitors, NMDA receptor antagonists, or neurotrophic agents.
  • Compounds like donepezil (U.S. Patent 4,698,360) and rivastigmine, which belong to established drug classes for Alzheimer's.

Later Patents & Patent Citations

Post-2003, multiple patents cite 6,598,603 as prior art, especially in:

  • Novel analogs of the claimed compounds.
  • New methods of synthesis or formulation.
  • Claims on combination therapies involving the compounds.

These citations suggest the patent has maintained influence but also face ongoing challenges based on the evolving patent landscape.

Patent Family and Geographic Coverage

The patent family includes equivalents filed in Europe, Japan, and other jurisdictions, covering key markets for neurodegenerative drugs. European patent EP 1,231,123, for example, claims similar chemical classes with some territorial and structural modifications.

Legal and Patent Status

The patent remains in force until at least 2023-2024, with potential extensions via patent term adjustments or supplemental protections.

Claims Analysis and Strategic Considerations

  • The chemical claims are broad but limited by specific stereochemistry and substitution patterns.
  • The method claims are narrower but bolster protean protection if the compounds are active.
  • Variations outside the defined scope, such as alternative stereochemistry or different substituents, may evade infringement.
  • The patent's strength relies heavily on laboratory data supporting the claimed therapeutic effects.

Implications for R&D and Patent Strategy

  • Patent holders must defend claims against first-to-file challenges, possibly arguing novelty of specific analogs.
  • Competitors developing structurally similar but distinct compounds may seek design-arounds.
  • Continual monitoring of literature and patent filings can reveal challenges or advancements.
  • Extension strategies could include patenting novel formulations or combination therapies based on the core compound.

Key Takeaways

  • U.S. Patent 6,598,603 covers a broad class of neuroactive compounds with specific structural features and methods for treatment.
  • The scope balances structural breadth with limitations based on stereochemistry and substitution patterns.
  • It serves as foundational prior art for subsequent patents in neurodegenerative drug development.
  • Its enforceability depends on the specificity of claims and potential alternative compounds.

FAQs

1. Can the patent claims be circumvented with structural changes?
Yes. Infringement depends on whether a compound falls within the specific claims' structural definitions. Modifications outside the scope—such as different stereochemistry or substituents—can avoid infringement.

2. Does the patent cover formulation and combination therapies?
The patent claims pharmaceutical compositions and methods of use but focus primarily on specific compounds. Formulations and combinations not explicitly claimed may require additional patent rights.

3. How does this patent influence the development of new neurodegenerative drugs?
It provides a patent barrier for compounds falling within its scope, encouraging competitors to design structurally distinct analogs or alternative mechanisms.

4. What are the key considerations for patent validity?
Prior art, inventive step, and claim clarity are critical. The patent’s validity could be challenged if similar compounds or synthesis methods existed before filing.

5. Is the patent still enforceable internationally?
Patents filed in multiple jurisdictions may have differing statuses. This patent remains enforceable in the U.S. up to its expiration date unless challenged successfully.


References

[1] U.S. Patent 6,598,603. Eli Lilly and Company, 2003.
[2] European Patent EP 1,231,123. (Equivalent patent family)
[3] Prior art and related patents cited during prosecution.
[4] Industry reports on neurodegenerative drug patenting trends.

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Drugs Protected by US Patent 6,598,603

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 6,598,603

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Canada 2257329 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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