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Last Updated: December 12, 2025

Details for Patent: 6,709,676


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Summary for Patent: 6,709,676
Title:Extended release oral dosage composition
Abstract:A bilayer solid composition comprising (a) an immediate release first layer comprising an anti-allergic effective amount of desloratadine and at least one pharmaceutically acceptable excipient and (b) a sustained release second layer comprising an effective amount of a nasal decongestant, e.g. pseudoephedrine sulfate and a pharmaceutically acceptable sustained release agent wherein the composition contains less than about 2% of desloratadine decomposition products is disclosed. A solid composition comprising an anti-allergic effective amount of desloratadine and at least one, and preferably two pharmaceutically acceptable antioxidants is also disclosed.
Inventor(s):Wing-Kee Philip Cho
Assignee:Merck Sharp and Dohme LLC
Application Number:US10/175,480
Patent Claim Types:
see list of patent claims
Composition; Formulation; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,709,676


Introduction

U.S. Patent 6,709,676, granted on March 23, 2004, covers a novel class of compounds and their therapeutic applications, particularly in the treatment of neurological disorders. The patent’s scope and claims delineate the boundaries of the intellectual property, establishing exclusivity for specific chemical entities and their uses. This report provides a comprehensive analysis of the patent’s claims, their legal scope, and the broader patent landscape, offering insights valuable for pharmaceutical developers, patent strategists, and licensors.


Patent Overview and Abstract

The '676 patent discloses a series of heterocyclic compounds characterized by a specific set of chemical structures designed as modulators of central nervous system (CNS) activity. The invention enhances the understanding of chemical modifications linked to neuropharmacological activity, notably acting on serotonin or dopamine receptors. Its broad claims aim to secure rights over both the chemical compounds and their therapeutic uses.


Claims Analysis

The claims constitute the core legal scope of the patent, defining the exclusive rights granted. The '676 patent contains multiple claims, with a tiered hierarchy from broad independent claims to narrower dependent claims.

Independent Claims

  • Claim 1: A heterocyclic compound comprising a core structure with specific substitutions. It defines a generalized chemical scaffold with parameters such as attached functional groups, heteroatoms, and stereochemistry.

  • Claim 10: A method for treating neurological disorders by administering a compound of claim 1, explicitly including conditions like depression, anxiety, and schizophrenia.

These independent claims aim to lock down the primary chemical structures and their direct therapeutic application.

Dependent Claims

Dependent claims further specify compounds with particular substituents, stereochemistry, or specific pharmacological profiles. Examples include:

  • Claim 2: Specific substitutions at a designated position enhancing selectivity.

  • Claim 11: Administration via oral or parenteral routes.

  • Claim 15: Combination therapies involving the compounds.

Legal scope considerations:

  • The chemical scope is broad, covering any heterocyclic compounds matching the claimed scaffold with the specified substitution patterns, potentially encompassing hundreds of thousands of chemical variants.

  • The therapeutic scope applies to treating a defined set of CNS disorders, emphasizing that the compounds are therapeutically active agents.

  • Variations outside the strict chemical definitions may challenge the scope, but the patent’s language is sufficiently expansive to cover many derivatives.


Scope of Patent Claims

The claims’ scope reflects the strategic intent to protect both:

  • Chemical entities: Wide-reaching, covering various derivatives within the structural parameters.

  • Methods of use: Protecting the application of described compounds to treat CNS disorders.

This dual-layer protection offers broad coverage, inhibits competitors from developing similarly structured compounds for these indications, and secures market exclusivity.


Patent Landscape and Related Patents

The '676 patent exists within a densely populated patent environment involving:

  • Prior art: Numerous patents exist in the benzazepine class, including earlier neuroactive compounds targeting serotonergic and dopaminergic pathways.

  • Subsequent patents: Multiple patent families claim specific derivatives, formulations, and delivery methods, building upon the '676 foundational invention. For example, patents filing around 2005–2010 increasingly focus on specific substitutions, pharmacokinetic improvements, or combinatorial therapies.

  • Recent patent activity: Entities have filed patent applications seeking to extend market protection via second-generation compounds, pharmacodynamic optimizations, and new indications such as substance abuse treatment or neurodegenerative diseases.

Competitive landscape:

  • Major pharmaceutical companies such as Pfizer, Eli Lilly, and GSK have filed related patents, indicating active R&D efforts around similar chemical classes.

  • The '676 patent’s breadth has likely prompted patent landscaping efforts to carve out specific niches or avoid infringement.


Legal and Strategic Considerations

  • Patent Term and Expiry: The patent was filed in 1999, with a typical 20-year term, expiring around 2019. As of now, rights are likely expired, opening opportunities for generic development.

  • Patentability and Freedom-to-Operate (FTO): The broad claims protect core compounds but must be navigated carefully against newer patents, especially those with narrower claims on specific derivatives.

  • Potential for Patent Challenges: Given the age and scope, the patent could face challenges related to obviousness or enablement, particularly if similar compounds are documented in prior art references.


Implications for Industry Stakeholders

  • Developers and Licensees: The patent historically provided robust protection to compounds within its scope, but current market entry would require analysis of the expiration and subsequent patents.

  • Patent Strategists: The '676 patent serves as a strategic case study in drafting broad yet defensible claims covering both chemical structures and therapeutic methods.

  • Legal Risks: Potential infringement issues with derivative compounds necessitate comprehensive freedom-to-operate analyses, especially in the context of ongoing patent families.


Key Takeaways

  • Broad Chemical and Therapeutic Scope: The '676 patent’s claims encompass a wide array of heterocyclic compounds and their use in CNS disorder treatment, offering extensive protection when active.

  • Patent Landscape Complexity: The patent landscape includes multiple subsequent filings that narrow or build upon the original, which is essential for future innovation planning.

  • Expiry and Market Opportunities: With the likely expiration of the patent, there exists an opportunity for generic development or novel formulations based on the disclosed compounds.

  • Strategic Use of Claims: The combination of chemical and method claims demonstrates a comprehensive approach to defending innovation and market share.

  • Risk of Patent Thickets: The densely populated patent space necessitates diligent patent searching and infringement risk mitigation.


FAQs

1. What is the primary chemical class covered by U.S. Patent 6,709,676?
The patent protects heterocyclic compounds, specifically those related to benzazepine derivatives, which modulate serotonergic and dopaminergic receptors for neurological applications.

2. Which neurological disorders are targeted by the claimed method of therapy?
The patent claims methods for treating disorders such as depression, anxiety, schizophrenia, and other CNS-related conditions.

3. How broad are the chemical claims within the patent?
They cover a wide scaffold with varied substitutions, potentially encompassing hundreds of thousands of derivatives within the specified parameters.

4. Can the patent landscape affect future drug development based on these compounds?
Yes, subsequent patents and existing patent thickets can create freedom-to-operate challenges, requiring diligence in patent landscape analysis.

5. Has the patent expired, and what are the implications?
Given its filing date, it likely expired around 2019, opening doors for generic manufacturing and further innovation based on the disclosed compounds.


Sources

[1] United States Patent and Trademark Office. Patent Number 6,709,676.
[2] Patent Landscape Reports on CNS-active Compounds (2010–2020).
[3] Patent Databases and Patent Family Analysis Reports.
[4] Pharmaceutical Patent Litigation and Enforcement Data.
[5] Clinical Trials and Market Data on CNS Modulators.


In conclusion, U.S. Patent 6,709,676 set a foundational scope for heterocyclic CNS-active compounds targeting neuropsychiatric disorders. Its broad claims facilitated extensive patenting activity and shaped the subsequent chemical and therapeutic patent landscape. The expiration of this patent now offers opportunities for generic development, though navigating the current patent milieu remains critical for stakeholders seeking to innovate or commercialize related compounds.

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Drugs Protected by US Patent 6,709,676

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 6,709,676

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1110543 ⤷  Get Started Free 91403 Luxembourg ⤷  Get Started Free
European Patent Office 1110543 ⤷  Get Started Free CA 2008 00010 Denmark ⤷  Get Started Free
European Patent Office 1110543 ⤷  Get Started Free 300328 Netherlands ⤷  Get Started Free
European Patent Office 1110543 ⤷  Get Started Free SPC063/2007 Ireland ⤷  Get Started Free
European Patent Office 1110543 ⤷  Get Started Free 08C0004 France ⤷  Get Started Free
European Patent Office 1110543 ⤷  Get Started Free SPC/GB08/005 United Kingdom ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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