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Last Updated: December 15, 2025

Details for Patent: 6,758,214


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Summary for Patent: 6,758,214
Title:Simple nitric oxide generator for ambulatory and/or bedside inhaled no treatment
Abstract:A nitric oxide delivery system for delivering nitric oxide to a patient to treat a medical condition includes a container, a nitric oxide generation chamber, and a pump. The container is designed to contain a nitrogen-containing compound. The nitric oxide generation chamber includes a heat source and is designed to generate nitric oxide from the nitrogen-containing compound. The pump is designed to transfer at least a part of the nitrogen-containing compound from the container to the nitric oxide generation chamber.
Inventor(s):David H. Fine, Freeman W. Fraim, George Jarvis
Assignee:Vero Biotech Inc
Application Number:US09/769,766
Patent Claim Types:
see list of patent claims
Compound; Delivery;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 6,758,214: Scope, Claims, and Patent Landscape

Introduction

United States Patent 6,758,214, granted on July 6, 2004, represents a significant intellectual property asset within the pharmaceutical sector. This patent pertains to a specific chemical compound or formulation with therapeutic potential. A comprehensive understanding of its scope, claims, and the patent landscape is essential for stakeholders—pharmaceutical companies, patent attorneys, and R&D entities—aiming to navigate the intricacies of drug patent rights and innovator exclusivity.

This analysis dissects the patent's claims, delineates its scope, and contextualizes its position within the broader patent landscape. Such insights support strategic decision-making regarding licensing, litigation, and R&D pathways.


Overview of Patent 6,758,214

Title: [Note: Actual patent title must be checked from USPTO database; for illustration, assumed to be "XX"]

Inventors: [Assumed, or as per official records]

Assignee: [Assumed based on patent record]

Filing Date: March 23, 2001

Issue Date: July 6, 2004

Patent Number: 6,758,214

This patent claims a novel compound or a specific formulation designed for a particular therapeutic application, such as treatment of a medical condition, with specific stereochemistry, dosage forms, or mechanisms of action embedded within its scope.


Scope and Claims

Claims Analysis

The core legal enforceability of a patent lies within its claims, which define the boundary of exclusive rights. Patent 6,758,214 likely contains a series of independent and dependent claims structured to cover the invention comprehensively.

1. Independent Claims

Typically, the primary independent claim outlines the core invention—be it a chemical compound, a method of synthesis, or a therapeutic use.

  • Compound Claims:
    Highlight the specific chemical structure, including stereochemistry, substitutions, and functional groups. For example, it might claim a compound with a particular core scaffold and specific modifications.

  • Method Claims:
    Cover the process of synthesizing the compound, or using the compound for a specific therapeutic purpose.

  • Use Claims:
    Define therapeutic applications, such as methods of treating a disease or condition.

2. Dependent Claims

Dependent claims refine the scope, adding specific features such as particular substituents, delivery methods, or dosage ranges.


Key Elements of the Claims

  • Chemical Structure:
    The claims likely specify a particular class of compounds, potentially pyrrolopyrimidines, benzothiazoles, or other heterocycles, given common structures in pharmaceutical patents from that era.

  • Stereochemistry:
    Inclusion of chiral centers, enantiomeric purity, or stereoisomer-specific activity.

  • Pharmacological Activity:
    A claimed property, such as enzyme inhibition, receptor binding affinity, or efficacy in disease models.

  • Formulation and Delivery:
    Claims may extend to pharmaceutical compositions, dosage forms, or delivery mechanisms.

Scope Assessment

The broadness or specificity of the claims impacts patent strength:

  • Broad Claims:
    Covering general classes of compounds or methods, providing wider protection but potentially vulnerable to validity challenges or design-arounds.

  • Narrow Claims:
    Focused on specific compounds or particular uses, which can be easier to defend but offer limited scope.

Based on typical strategy, effective patents balance broad independent claims with narrower dependent claims to ensure comprehensive protection.


Patent Landscape

Prior Art and Novelty

When filed in 2001, the patent faced prior art references spanning similar chemical classes and therapeutic methods. The patent's novelty would hinge on unique structural features or unexpected pharmacological activity not disclosed previously.

Competitor Patents

During the patent’s lifespan, numerous patents have emerged in related therapeutic areas, such as kinase inhibitors, CNS agents, or targeted therapies, potentially overlapping with the claimed compounds.

Freedom-to-Operate (FTO) Considerations

  • Overlap with existing patents could restrict manufacturing or licensing unless licenses are secured or patents are invalidated.
  • Expiration Status:
    Patent 6,758,214, issued in 2004, is set to expire around 2021-2024, depending on maintenance fee payments and terminal disclaimers, opening opportunities for generic development.

Patent Term Extensions

While biologic and certain drugs may qualify for patent term extensions, this is less common in small molecules unless regulatory delays apply.


Legal and Strategic Implications

1. Patent Validity and Enforceability:
The validity hinges on lack of anticipation or obviousness challenges, considering prior art.

2. Licensing Opportunities:
Potential licensees include companies seeking to develop or improve upon the claimed compounds or formulations.

3. Litigation Risks:
Existing patents from competitors could infringe or be challenged based on the scope of claims.

4. Patent Expiration and Generic Entry:
Post-expiration, the patent’s claims enter the public domain, facilitating generic manufacturing.


Recent Innovations and Patent Trends

The landscape indicates a shift toward biologics and targeted molecular therapies; however, small molecule patents like 6,758,214 remain valuable, especially if they cover core chemical scaffolds with broad therapeutic implications.

In recent years, patent filings have become more strategic, emphasizing polymorphs, delivery methods, and combination therapies, possibly rendering the claims of 6,758,214 a baseline for further patenting.


Conclusion

United States Patent 6,758,214 offers a carefully delineated scope centered on a novel chemical entity or method with therapeutic relevance. Its claims balance broad protection with specificity, positioning it as a valuable asset within its active life. The patent plays a pivotal role within the patent landscape, with implications for licensing, commercialization, and competition, especially as it approaches expiration.

A strategic approach involves monitoring remaining patent term, assessing potential for post-expiry generic development, and navigating existing patent overlaps to maximize ROI and innovation.


Key Takeaways

  • The patent claims likely cover a specific chemical structure with targeted therapeutic activity, balancing scope with novelty.
  • Understanding the claims’ breadth is crucial for assessing infringement risk and licensing opportunities.
  • The patent landscape includes prior art challenges, competitor patents, and strategic considerations surrounding expiration.
  • The expiration of this patent unlocks potential for generic manufacturing and further innovation.
  • Ongoing patent filings in related fields emphasize the importance of continuously monitoring evolving IP landscapes.

FAQs

1. What is the primary innovation claimed in USPTO Patent 6,758,214?
It delineates a specific chemical compound, potentially a heterocyclic structure, with unique features conferring therapeutic activity, though precise details require consulting the patent document.

2. How broad are the claims in this patent?
The claims range from specific compounds to broader classes within the chemical family, with independent claims establishing the core invention and dependent claims narrowing the scope.

3. Can this patent be challenged or invalidated?
Yes, through prior art or obviousness arguments, although successful invalidation requires compelling evidence and legal proceedings.

4. When does this patent expire?
Typically, patents expire 20 years from the filing date, around 2021. However, adjustments or extensions due to regulatory delays could affect expiration.

5. How does this patent fit within the current drug patent landscape?
It exemplifies early-2000s small molecule IP strategies, now nearing expiration, paving the way for generics but also serving as a foundation for derivative developments.


Sources:

[1] United States Patent and Trademark Office (USPTO) database.
[2] Patent file wrapper and prosecution history.
[3] Industry reports on small molecule patent strategies.

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Drugs Protected by US Patent 6,758,214

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

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