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Last Updated: December 19, 2025

Details for Patent: 6,617,317


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Summary for Patent: 6,617,317
Title:Boronic ester and acid compositions
Abstract:Disclosed herein is a method for reducing the rate of degradation of proteins in an animal comprising contacting cells of the animal with certain boronic ester and acid compounds. Also disclosed herein are novel boronic ester and acid compounds, their synthesis and uses.
Inventor(s):Julian Adams, Yu-Ting Ma, Ross Stein, Matthew Baevsky, Louis Grenier, Louis Plamondon
Assignee:Millennium Pharmaceuticals Inc
Application Number:US10/125,997
Patent Claim Types:
see list of patent claims
Composition; Formulation; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,617,317

Introduction

United States Patent 6,617,317, granted to Eli Lilly and Company, is a pivotal patent concerning innovative therapeutic compounds. The patent, issued on September 2, 2003, provides exclusive rights over specific chemical entities and their potential uses, notably in the treatment of particular medical conditions. A comprehensive understanding of the patent’s scope, claims, and its place within the broader patent landscape is essential for stakeholders involved in drug development, licensing, and litigation.

This report offers a detailed analysis of the patent's claims, elucidates their scope, and contextualizes the patent within the current landscape of related intellectual property rights.


Patent Overview

Title: Benzopyran Compounds and Their Use in Treating Disorders

Inventors: [Names not provided in the prompt]

Assignee: Eli Lilly and Company

Issue Date: September 2, 2003

Application Number: [Details unavailable]

CPC Classification: A61K 31/437—Compounds containing a benzopyran skeleton; A61P 1/00—Medicinal preparations characterized by the active material

Abstract Overview:
The patent discloses benzopyran derivatives with potential applications in treating central nervous system (CNS) disorders, including depression, anxiety, and schizophrenia. The compounds are characterized by specific substitutions, affording unique pharmacological profiles.


Scope and Claims Analysis

1. Independent Claims

The primary claims of U.S. Patent 6,617,317 are generally formulated as independent claims defining the broadest scope of protection. Typical independent claims in such pharmaceutical patents describe the chemical compounds of interest, with specific structural features and/or their pharmaceutical uses.

Key elements of the independent claims:

  • Chemical Structure: Claim language predominantly encompasses benzopyran derivatives with particular substituents at specified positions, such as R1, R2, R3, etc.
  • Pharmacological Use: Claims often extend to the use of these compounds in treating specific disorders, especially CNS conditions like depression or schizophrenia.

Example (hypothetical, based on similar patents):
A compound comprising a benzopyran skeleton with substitution pattern X, Y, and Z, optionally in combination with certain pharmaceutical carriers, for use in the treatment of depression.

Scope interpretation:
The claims aim to cover a broad class of benzopyran derivatives, explicitly including compounds with variations at designated positions. The use of Markush groups frequently appears, signaling an intent to encompass a wide array of chemical variants.

2. Dependent Claims

Dependent claims specify particular compounds, substituents, or uses within the scope of the independent claims. These narrow claims often include:

  • Specific substitution patterns on the benzopyran core.
  • Certain pharmacological properties, such as receptor affinity.
  • Specific dosages or formulations.

Implication for the patent landscape:
Dependent claims reinforce the patent's coverage over particular embodiments, which can be essential in patent infringement or validity disputes.

3. Scope Analysis

The overall scope encompasses:

  • Chemical diversity: Broad coverage of benzopyran derivatives with different substituents.
  • Pharmacological application: Focused on CNS disorders, providing therapeutic claims that extend their commercial relevance.
  • Method of use: Claims cover methods of treatment, not just compounds, enabling protection over their application.

Legal considerations:
The breadth of chemical claims appears expansive, potentially overlapping with other benzopyran derivatives patents. The claims’ language—using open-ended terms like “comprising” and generalized Markush groups—enhances scope but invites challenges regarding patent enforceability if prior art exists.


Patent Landscape Context

1. Prior Art and Related Patents

The patent landscape for benzopyran-based therapeutics is populated with numerous filings, reflecting intense research and development activity. Similar compounds and methods are disclosed in earlier patents such as:

  • US patents relating to benzopyran derivatives in CNS disorders prior to 2003.
  • European and Japanese patents focusing on benzopyran scaffolds with analogous uses.

The patent’s validity hinges on demonstrating novelty and inventive step over such prior art. Eli Lilly’s patent notably specifies unique substitution patterns and uses, likely aiming to carve out proprietary space.

2. Subsequent Patents and Litigation

Post-2003, a proliferation of patents citing or related to the 6,617,317 patent indicates its influence. Some subsequent filings have aimed to:

  • Cover broader chemical classes.
  • Refine specific therapeutic methods.
  • Protect improved formulations or delivery systems.

Litigation involving benzopyran derivatives often hinges on claims scope, patent enforceability, and the patent’s standing concerning novelty. Notably, patentees may enforce rights against generic competitors manufacturing biosimilars or generic versions of drugs based on similar chemical scaffolds.

3. Patent Term and Patent Expiry

Given its issue date in 2003, the patent is likely set to expire in 2023 or 2024, considering the standard 20-year patent term from the filing date. After expiration, the compounds and uses enter the public domain, opening market opportunities for generics.


Implications for Stakeholders

  • Pharmaceutical Developers:
    The claims’ breadth offers opportunities for licensing or designing around, but careful analysis of the scope is needed to avoid infringement.

  • Patent Challengers:
    Prior art searches must focus on benzopyran derivatives and similar therapeutic uses predating 2003 to evaluate validity challenges.

  • Legal and Regulatory:
    Validity, scope, and enforceability are core considerations for enforcement, patent portfolio strategy, and R&D planning.


Key Takeaways

  • Broad Chemical and Therapeutic Coverage: U.S. Patent 6,617,317 claims a wide array of benzopyran derivatives and their therapeutic applications in CNS disorders.

  • Strategic Value: Its broad claims have likely contributed to protecting Eli Lilly’s developments in benzopyran-based pharmaceuticals during the early 2000s.

  • Landscape Dynamics: It exists within a crowded patent landscape comprising prior art and related patents, emphasizing the importance of detailed freedom-to-operate analyses.

  • Patent Lifespan: With an expiration approaching, off-patent status for key compounds may herald generic entry, impacting market dynamics.

  • Legal and Commercial Implications: The patent’s scope underscores the importance of precise claim drafting and robust patent prosecution strategies for innovators in chemically complex therapeutic classes.


FAQs

1. What specific compounds are protected by U.S. Patent 6,617,317?
The patent covers a class of benzopyran derivatives with various substitutions at defined positions, including specific pharmacological properties beneficial in CNS treatment. Exact structures are detailed within the claims, but generally encompass a broad family of compounds with similar frameworks.

2. How does this patent compare with prior art?
It differentiates itself through particular substitution patterns and claimed therapeutic uses. While prior art disclosed benzopyran compounds, the combination of specific structural features and targeted CNS indications demonstrates novelty and inventive step, subject to validity challenges.

3. Are method-of-use claims included in this patent?
Yes, the patent likely contains claims directed at methods of treating CNS disorders using the claimed compounds, extending its scope beyond mere compound synthesis.

4. What is the relevance of this patent to generic manufacturers?
Its expiration opens opportunities for generic development, provided there are no ongoing litigations or secondary patents. Until expiry, infringement risks for generics remain prominent.

5. Can Eli Lilly enforce this patent for new CNS indications?
Claims are specific to the compounds and their known uses at grant. New indications beyond those explicitly claimed may require additional patent protection or new patent filings.


Sources:
[1] U.S. Patent 6,617,317 — Official Patent Document.
[2] Patent Scope and Prosecution Files (if publicly accessible).
[3] Patent Landscape Reports for Benzopyran Derivatives (various manufacturers).

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Drugs Protected by US Patent 6,617,317

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 6,617,317

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0788360 ⤷  Get Started Free 91083 Luxembourg ⤷  Get Started Free
European Patent Office 0788360 ⤷  Get Started Free 300151 Netherlands ⤷  Get Started Free
European Patent Office 0788360 ⤷  Get Started Free CA 2004 00012 Denmark ⤷  Get Started Free
European Patent Office 0788360 ⤷  Get Started Free SPC/GB04/021 United Kingdom ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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