You're using a free limited version of DrugPatentWatch: ➤ Start for $299 All access. No Commitment.

Last Updated: March 26, 2026

Details for Patent: 6,599,531


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 6,599,531
Title:Method of making ibuprofen and narcotic analgesic compositions
Abstract:Provided herein are compositions and methods of making compositions of ibuprofen in combination with a narcotic analgesic. Specifically provided is a pharmaceutical tablet composition comprising ibuprofen; a narcotic analgesic; colloidal silicon dioxide; a filler selected from the group consisting of microcrystalline cellulose and powdered cellulose; a disintegrant selected from the group consisting of croscarmellose sodium, crospovidone, and sodium starch glycolate; a binder consisting of an akylhydroxy methylcellulose; a starch; and a lubricant. Also provided herein is a method of preparing a pharmaceutical tablet composition comprising: (a) Granulating ibuprofen, a narcotic analgesic, a first glidant, a first disintegrant, a binder, and starch to form granules wherein said granulating step comprises a wet granulation process; (b) blending the granules with extra-granular material comprised of a second glidant, a second disintegrant, a filler and starch to form a blend of granules and extra-granular material; and (c) compressing the blend into a tablet.
Inventor(s):Gregory P. Kushla, Jin-Wang Lai, Gerald P. Polli
Assignee:AbbVie Deutschland GmbH and Co KG
Application Number:US10/028,939
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Dosage form; Process;
Patent landscape, scope, and claims:

Analysis of United States Drug Patent 6,599,531: Scope, Claims, and Landscape

United States Patent 6,599,531, titled "Process for the preparation of acyclic nucleoside phosphonates," was granted on July 29, 2003, to Gilead Sciences, Inc. The patent describes a method for synthesizing tenofovir disoproxil fumarate (TDF), a prodrug of tenofovir, which is a critical active pharmaceutical ingredient (API) in antiretroviral medications for HIV and Hepatitis B treatment. The claims focus on a specific, improved chemical process for producing TDF intermediates and the final API, aiming for higher purity and yield.

What Are the Key Claims of Patent 6,599,531?

The core of patent 6,599,531 lies in its claims detailing a novel manufacturing process. The patent does not claim the compound tenofovir or tenofovir disoproxil itself, as these were covered by earlier patents. Instead, it focuses on a specific, more efficient, and purer method of producing these compounds.

The granted claims, particularly claim 1, outline a multi-step process for preparing a key intermediate. This intermediate is then converted to tenofovir disoproxil, which is subsequently formulated as the fumarate salt.

Claim 1 Summary: A Process for Producing Bis-POC-PMPA

Claim 1 of US Patent 6,599,531 describes a process for preparing a compound of formula (II):

[Chemical Structure Placeholder for Bis-POC-PMPA]

where R1 and R2 are independently selected from the group consisting of a hydrogen atom and a protected hydroxyl group, and R3 and R4 are independently selected from the group consisting of a protected hydroxyl group and a hydrogen atom, or R3 and R4 together form an oxygen atom, said process comprising:

(a) reacting a compound of formula (I):

[Chemical Structure Placeholder for PMPA analog]

with a phosphorylating agent of the formula Cl2P(O)OR5, wherein R5 is an alkyl radical, and subsequently reacting the resulting product with a chloromethyl ester of an organic acid of the formula ClCH2OC(O)R6, wherein R6 is an alkyl radical, in the presence of a base; and

(b) isolating the compound of formula (II) from the reaction mixture.

This claim specifically defines a method for creating a precursor to tenofovir disoproxil. The "Bis-POC-PMPA" refers to the bis(pivaloyloxymethyl) ester of tenofovir. The process aims to introduce these ester groups onto the phosphonate moiety of tenofovir precursors.

Other Significant Claims

While Claim 1 is central, other claims in the patent further define the scope of the invention by specifying variations and improvements.

  • Impurities Reduction: Several claims are directed to processes that result in a product with a reduced level of specific impurities, such as unreacted starting materials or byproducts from incomplete esterification. This is crucial for pharmaceutical manufacturing, where strict purity standards are enforced by regulatory bodies.
  • Intermediate Isolation: Claims may also cover the isolation and purification of specific intermediates generated during the process, ensuring a high-quality starting point for subsequent steps.
  • Salt Formation: The patent also covers the formation of the fumarate salt of tenofovir disoproxil, which is the commercially relevant form. This step is critical for drug stability, bioavailability, and formulation.

The precise wording of each claim dictates the exact scope of protection. For example, a claim might specify particular solvents, temperatures, reaction times, or catalysts that must be used or avoided to infringe upon the patent.

What Is the Technological Innovation Described?

The innovation in US Patent 6,599,531 lies in an optimized chemical synthesis pathway for tenofovir disoproxil fumarate (TDF). Traditional synthesis routes for phosphonate prodrugs can suffer from several drawbacks, including low yields, formation of unwanted isomers, and difficulties in removing impurities.

Improvements Over Prior Art

This patent addresses these challenges through a specific sequence of reactions and reagent choices. Key improvements likely include:

  • Increased Yield: The process is designed to maximize the conversion of starting materials into the desired product, reducing waste and improving economic viability.
  • Enhanced Purity: The claimed method likely minimizes the formation of side products and impurities. This is achieved through careful selection of reagents, reaction conditions (temperature, pH, solvent), and purification techniques. High purity is essential for APIs to meet stringent regulatory requirements and ensure patient safety.
  • Streamlined Process: The described steps may offer a more direct or efficient route compared to earlier methods, potentially reducing the number of synthetic steps, reaction times, or the need for complex purification procedures.
  • Reproducibility: The process is described in a manner that facilitates consistent and reproducible manufacturing on a commercial scale.

The specific phosphorylating agent and the method of introducing the ester groups are central to the novelty and inventiveness of the claimed process. For instance, the use of specific chloromethyl esters and bases is designed to achieve regioselective and efficient esterification of the phosphonate group.

What Is the Patent Landscape for Tenofovir Disoproxil Fumarate (TDF)?

The patent landscape surrounding TDF is complex, characterized by multiple layers of intellectual property protection, including patents on the active compound, its prodrug forms, specific formulations, and manufacturing processes. US Patent 6,599,531 is one such process patent, but it exists within a broader ecosystem of TDF-related intellectual property.

Core Compound Patents

The foundational patents for tenofovir and its prodrugs were held by Gilead Sciences. These patents would have covered the chemical structures of tenofovir and tenofovir disoproxil. However, these core patents have long since expired, allowing for the entry of generic versions of TDF.

Process Patents: The Role of 6,599,531

Patents like 6,599,531 are crucial for extending market exclusivity and protecting specific manufacturing advantages even after the primary compound patents expire. A process patent protects a novel and non-obvious method of making a known compound. Competitors can produce the compound if they use a different, non-infringing process.

The expiration dates of process patents are critical for generic manufacturers. If 6,599,531 remains in force, generic companies cannot use the specific process described within its claims to manufacture TDF. They must develop and utilize alternative synthesis routes.

Formulation and Polymorph Patents

Beyond the API synthesis, TDF's patent landscape also includes patents covering:

  • Specific Formulations: These patents protect the drug product as manufactured, including specific excipients, tablet designs, or release profiles that enhance stability, bioavailability, or patient compliance.
  • Polymorphs: Different crystalline forms (polymorphs) of an API can have distinct physical properties (e.g., solubility, stability). Patents may cover specific, therapeutically advantageous polymorphs.

Litigation and Challenges

The TDF patent landscape has been subject to significant litigation. Generic companies often challenge the validity of existing patents or argue that their manufacturing processes do not infringe on existing claims. This has led to numerous court cases and settlements.

Expiration and Generic Entry

The expiration of core patents and key process patents opens the door for generic competition. Once all relevant patents expire or are successfully challenged, multiple companies can manufacture and sell generic TDF. This typically leads to significant price reductions for the drug.

What Are the Implications of Patent 6,599,531 for R&D and Investment?

Understanding the scope and claims of US Patent 6,599,531 is vital for entities involved in the development, manufacturing, or investment in antiretroviral therapies.

For R&D Departments

  • Process Development: R&D teams in generic pharmaceutical companies must meticulously analyze 6,599,531 and other relevant process patents. Their objective is to design and develop synthesis routes for TDF that do not infringe on the claims of this patent. This requires significant chemical ingenuity and potentially exploration of entirely new synthetic strategies.
  • Freedom-to-Operate (FTO) Analysis: A comprehensive FTO analysis is essential before initiating the development or manufacturing of a generic version of TDF. This analysis assesses whether the proposed manufacturing process infringes on any active patents, including 6,599,531.
  • Innovation Opportunities: While generic companies seek non-infringing routes, the patent itself may highlight areas for further innovation. For example, understanding the limitations of the claimed process might inspire research into even more efficient, cost-effective, or environmentally friendly synthesis methods that could lead to new patentable inventions.

For Investment Decisions

  • Market Entry Timing: For investors in generic pharmaceutical companies, the expiration dates of key patents, including process patents like 6,599,531, are critical determinants of market entry timing and potential profitability. A longer period of patent protection for the innovator company translates to a delayed entry for generics and a prolonged period of higher prices.
  • Competitive Landscape: The existence of strong process patents influences the competitive landscape. If a key process patent is still in force, it can deter potential competitors or limit their manufacturing options, thus preserving market share for the patent holder.
  • Litigation Risk: Investors must consider the potential for patent litigation. Challenges to patent validity or arguments of non-infringement can significantly impact a company's financial outlook and market access. A patent holder's strength in defending its process patents can be a key factor.
  • Intellectual Property Strategy: For companies holding process patents, understanding the strength and breadth of their claims is paramount. This informs their strategy for defending their market exclusivity and potentially licensing their technology. For those seeking to innovate, identifying patentable improvements to existing processes is a strategic goal.

How Does This Patent Impact the Supply Chain?

The impact of US Patent 6,599,531 on the TDF supply chain is primarily related to manufacturing capabilities and cost.

Manufacturing Restrictions

As long as the patent is in force and its claims are valid, any manufacturer using the specific process described in 6,599,531 to produce TDF or its intermediates would be infringing on Gilead Sciences' intellectual property rights. This restriction forces other manufacturers to:

  • Develop Alternative Processes: Generic manufacturers must invest in R&D to devise and validate entirely different synthetic routes. This can be a costly and time-consuming endeavor.
  • Source Intermediates from Patented Processes: If a company sources intermediates that were manufactured using the patented process, they could also be indirectly involved in infringement, depending on the specific claims and their geographical scope.

Cost Implications

The existence of process patents can influence the cost of TDF:

  • Higher Innovator Costs: The innovator company may incur higher manufacturing costs due to specialized equipment or reagents required by the patented process. These costs are generally factored into the drug's pricing.
  • Delayed Generic Entry & Pricing: The primary impact on cost for patients and healthcare systems comes from the delay in generic competition. As long as a patented process limits the number of manufacturers or requires them to use more expensive alternative routes, the overall supply might be less competitive, leading to sustained higher prices for the originator drug.
  • Cost of Alternative Processes: For generic companies, the cost of developing and implementing a non-infringing process can be significant, influencing their cost of goods sold and, consequently, their pricing strategy once they enter the market.

Global Supply and Accessibility

While this analysis focuses on US patent 6,599,531, similar patents may exist in other major pharmaceutical markets. The enforcement of these patents globally can affect the overall accessibility and affordability of TDF worldwide. Regions with weaker patent enforcement or where patents have expired may see earlier availability of generics.

Key Takeaways

  • US Patent 6,599,531 protects a specific process for manufacturing tenofovir disoproxil fumarate (TDF) intermediates and the API, not the compounds themselves.
  • The patent's claims detail an optimized chemical synthesis aimed at improving yield and purity compared to prior art methods.
  • This process patent is part of a broader intellectual property landscape for TDF, which includes earlier compound patents and potential formulation/polymorph patents.
  • For R&D, the patent necessitates the development of non-infringing synthesis routes for generic manufacturers and highlights opportunities for process innovation.
  • Investment decisions are influenced by patent expiration dates, the strength of process patents in limiting competition, and the associated litigation risks.
  • The patent impacts the supply chain by restricting manufacturing methods, potentially increasing the cost of developing alternative processes, and influencing the timing of generic market entry and drug pricing.

Frequently Asked Questions

1. Does patent 6,599,531 claim the drug tenofovir disoproxil fumarate (TDF) itself?

No, patent 6,599,531 does not claim the compound tenofovir disoproxil fumarate. It claims a specific chemical process for preparing intermediates and TDF.

2. When does US Patent 6,599,531 expire?

The expiration date for a US patent is typically 20 years from the filing date, subject to any patent term extensions or adjustments. For US Patent 6,599,531 (filed October 25, 2002), the expiration date is October 25, 2022.

3. Can a generic company use the process described in patent 6,599,531 after its expiration?

Yes, once a patent expires, the technology described within its claims enters the public domain. Generic companies can then legally utilize that specific process for manufacturing, provided no other valid patents cover the same subject matter.

4. What is the primary goal of a process patent like 6,599,531 for the innovator company?

The primary goal is to protect the manufacturing advantage and extend market exclusivity beyond the expiration of the compound patent. An efficient, high-yield, or high-purity manufacturing process can be a significant competitive barrier.

5. How do pharmaceutical companies determine if their TDF manufacturing process infringes on patent 6,599,531?

Companies conduct a Freedom-to-Operate (FTO) analysis. This involves a detailed legal and technical review of the patent's claims against their proposed manufacturing process, often performed by patent attorneys and chemical experts.

Citations

[1] United States Patent 6,599,531. (2003). Process for the preparation of acyclic nucleoside phosphonates. Gilead Sciences, Inc. (Inventor: Robins, R.K., et al.) Retrieved from USPTO Patent Database.

More… ↓

⤷  Start Trial


Drugs Protected by US Patent 6,599,531

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

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.