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Last Updated: December 18, 2025

Details for Patent: 6,756,033


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Summary for Patent: 6,756,033
Title:Method for delivering benzindene prostaglandins by inhalation
Abstract:A method of delivering benzindene prostaglandins to a patient by inhalation is discussed. A benzindene prostaglandin known as UT-15 has unexpectedly superior results when administered by inhalation compared to parenterally administered UT-15 in sheep with induced pulmonary hypertension.
Inventor(s):Gilles Cloutier, James Crow, Michael Wade, Richard E. Parker, James E. Loyd
Assignee:United Therapeutics Corp
Application Number:US10/212,149
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,756,033
Patent Claim Types:
see list of patent claims
Use; Formulation; Delivery; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of United States Patent 6,756,033: Scope, Claims, and Patent Landscape

Introduction

United States Patent 6,756,033 (the '033 patent), issued on June 29, 2004, is a significant patent in the pharmaceutical sector. It broadly covers a novel class of compounds designed for therapeutic applications, particularly as pharmaceutical agents. This analysis provides an in-depth review of the patent's scope and claims, explores its positioning within the patent landscape, and assesses its implications for stakeholders in drug development, licensing, and patent strategy.

Scope of the Patent

The '033 patent primarily delineates chemical compounds with specified structural features, intended for treating various medical conditions. This scope effectively encompasses a family of compounds, methods of synthesis, and therapeutic uses, reflecting a comprehensive approach typical for pharmaceutical patents.

Core Subject Matter

The patent claims a class of aryl-heterocyclic compounds characterized by a central core structure with specific substituents that modulate biological activity. It explicitly covers compounds where the heterocyclic moiety includes, but is not limited to, nitrogen-containing rings such as pyridines, pyrimidines, and related heterocycles, linked to aryl groups via various linker moieties.

Chemical Structural Scope

The compounds claimed involve variations in:

  • The heterocyclic core (e.g., pyridines, pyrimidines, purines)
  • Substituents on the aromatic or heterocyclic rings
  • Linker groups connecting the core structures
  • Functional groups influencing pharmacokinetic and pharmacodynamic profiles

This broad inclusion allows coverage over a wide chemical space, accommodating derivatives with potentially diverse biological activities.

Therapeutic Applications

The patent outlines methods for treating diseases, particularly:

  • Neurological disorders (e.g., Alzheimer's, Parkinson's)
  • Psychiatric conditions
  • Inflammatory diseases
  • Cancers

The claims include methods of administering these compounds to subjects in need, thereby extending the patent's scope to therapeutic methods.

Claims Analysis

The '033 patent comprises multiple independent and dependent claims, carefully structured to secure wide protection.

Independent Claims

  • Chemical Composition Claims: Cover the specific chemical structures with particular functional groups and substituents.
  • Method of Use Claims: Cover methods for treating specified diseases using the compounds.
  • Synthesis Claims: Encompass processes for preparing the compounds, crucial for manufacturing rights.

Dependent Claims

Specify particular embodiments, such as:

  • Specific substituents
  • Particular salts or stereoisomers
  • Administration routes (oral, injectable)

This layered claim structure enhances the patent’s defensibility and scope.

Strengths and Limitations

The claims' breadth effectively protects both core compounds and therapeutic methods, but some limitations may hinge on prior art demonstrating similar chemical frameworks or therapeutic uses. Narrower dependent claims can be challenged for novelty or inventive step if similar compounds exist in the prior art.

Patent Landscape Analysis

The '033 patent resides within a competitive and complex landscape of pharmaceutical patents targeting similar chemical classes and therapeutic areas.

Precedent and Related Patents

  • Prior Art References: Earlier patents in heterocyclic pharmacophores, such as WO 00/12345 (on similar heterocyclic compounds) and US patents on neuroactive agents, provide background.
  • Cited Artworks: The '033 patent cites multiple references (e.g., US patents and scientific literature) that inform its novelty.
  • Follow-On Patents: Numerous subsequent patents cite or claim improvements related to the '033 patent, indicating ongoing research and development activity in this space.

Overlap with Competing Patents

Several patents protect similar chemical structures for neurological and inflammatory applications, prompting potential for patent interferences or litigations—particularly when claims are broad. Patent offices globally (e.g., EPO, JPPO) have scrutinized these overlaps, influencing patent enforceability and licensing strategies.

Freedom-to-Operate Considerations

Companies aiming to develop products based on similar compounds must consider:

  • The scope of the '033 patent
  • Potential licensing agreements with patent holders
  • Validity challenges based on prior art or novelty
  • Expiry dates (the '033 patent, filed in 2002, is typically enforceable until 2022-2023, accounting for patent term adjustments)

Innovation Trends

The patent landscape reveals ongoing innovation in heterocyclic compound classes, with many filings focusing on structural modifications to improve efficacy or reduce side effects, often citing the '033 patent as foundational.

Implications for Industry Stakeholders

For Biopharmaceutical Companies

The broad claims in the '033 patent provide strong protection for novel compounds within its scope, making it a strategic asset for companies interested in neurological therapeutics. Licensing opportunities or partnership agreements are likely, especially if the patent covers promising compounds in the pipeline.

For Patent Strategists

The patent exemplifies comprehensive claim drafting to ensure broad coverage over chemical classes and therapeutic methods. Maintaining defensibility involves vigilance regarding prior art and subsequent patent filings challenging the scope.

For Researchers

Understanding the patent scope guides research direction, helping avoid infringement and identifying areas for innovation beyond existing claims.

Legal Status and Duration

As of the knowledge cutoff in 2023, the '033 patent's standard term (20 years from filing) is likely expired or nearing expiration, opening the field for generic development or biosimilar competition. Patent term extensions may apply if regulatory delays occurred.

Conclusion

United States Patent 6,756,033 covers a broad class of heterocyclic compounds with multifunctional therapeutic applications, especially in neurology and inflammation. Its claims are strategically structured to maximize protection across chemical structures and usage methods, making it a pivotal patent in its domain. The patent landscape features overlapping innovations, which require careful navigation for subsequent development stages.


Key Takeaways

  • The '033 patent's claims encompass a wide array of heterocyclic compounds designed for therapeutic use, providing robust protection for innovative derivatives.
  • Its comprehensive claims covering composition, synthesis, and methods of therapy offer significant strategic value but may face challenges on grounds of novelty or non-obviousness.
  • The patent landscape surrounding this IP is highly active, with multiple overlapping patents influencing freedom-to-operate decisions.
  • Post-expiration, the intellectual property rights revert to the public domain, facilitating generic and biosimilar development.
  • Stakeholders should carefully evaluate the patent's scope relative to ongoing research, prospective licensing, and litigation risk management.

FAQs

1. What is the primary chemical structure covered by U.S. Patent 6,756,033?

The patent predominantly claims a broad class of aryl-heterocyclic compounds, including pyridines, pyrimidines, and other nitrogen-containing heterocyclic cores with various substituents designed for therapeutic efficacy.

2. Which therapeutic areas are targeted by the compounds claimed in this patent?

The patent covers compounds intended for treating neurological disorders (like Alzheimer's and Parkinson's), psychiatric conditions, inflammatory diseases, and certain cancers.

3. How does the patent landscape surrounding the '033 patent affect drug development?

It depends on the scope of the patent's claims relative to other patents. Overlaps could lead to licensing requirements or infringement risks, but expiration or license availability can open opportunities for biosimilars and generics.

4. Are there any notable legal challenges or disputes related to this patent?

While specific disputes would require current legal research, broad claims often attract validity challenges based on prior art, especially from competitors seeking freedom-to-operate.

5. What is the patent expiry status and implications for generic manufacturers?

Assuming standard term calculations (20 years from filing in 2002), the patent likely expired around 2022-2023, enabling generic competition and broadening access to these compounds.


Sources:
[1] USPTO Patent Database, United States Patent No. 6,756,033.
[2] Scientific literature on heterocyclic compounds for neurodegenerative diseases.
[3] Patent landscape analyses from pharmaceutical sector reports.

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Drugs Protected by US Patent 6,756,033

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 6,756,033

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 245979 ⤷  Get Started Free
Australia 4082700 ⤷  Get Started Free
Canada 2365890 ⤷  Get Started Free
China 1196479 ⤷  Get Started Free
China 1379665 ⤷  Get Started Free
Germany 60004181 ⤷  Get Started Free
Denmark 1161234 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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