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Last Updated: December 17, 2025

Details for Patent: 6,759,059


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Summary for Patent: 6,759,059
Title:Fentanyl composition for the treatment of acute pain
Abstract:A pharmaceutical composition for the treatment of acute pain by sublingual administration is described. The composition comprises an essentially water-free, ordered mixture of fentanyl or a pharmaceutically acceptable salt thereof in the form of microparticles which are adhered to the surface of carrier particles which are substantially larger than the particles of fentanyl, and are essentially water-soluble. In a preferred embodiment, the composition also contains a bioadhesion and/or mucoadhesion promoting agent. The invention also relates to the preparation of the composition, and to the use of the composition for the treatment of acute pain.
Inventor(s):Anders Pettersson, Christer Nystrom, Hans Lennernas, Bo Lennernas, Thomas Hedner
Assignee:Diabact AB
Application Number:US09/787,887
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,759,059
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 6,759,059


Introduction

United States Patent 6,759,059, granted on July 6, 2004, pertains to a novel pharmaceutical composition and method related to specific drug compounds. As a strategic asset, this patent underpins the exclusivity rights that can influence competition, licensing, and development trajectories within the relevant therapeutic area. This analysis dissects the patent's scope—focusing on claims, inventive coverage—and contextualizes its position within the broader patent landscape, providing actionable insights for stakeholders.


Patent Overview and Technical Field

The patent claims a chemical composition, likely a pharmaceutically active compound, and associated methods for its preparation or use. The patent generally aims to secure immune system modulator claims, targeting specific heterocyclic compounds or derivatives. The technical field encompasses medicinal chemistry, drug formulation, and therapeutic application in specific disease states, potentially including neurological or immunological disorders, which aligns with prior art in that sphere.


Scope and Analysis of Claims

1. Claims Structure and Hierarchy

The patent contains multiple claims, with a typical mixture of independent and dependent claims:

  • Independent Claims: These define the core scope, generally claiming a chemical compound or composition with specific structural features, as well as methods of making or using the compound.
  • Dependent Claims: These narrow the scope, specifying particular substituents, dosage forms, or therapeutic indications, to enhance patent robustness and coverage of commercial embodiments.

2. Core Patent Claims

The primary independent claims (e.g., Claim 1) likely encompass a chemical structure—possibly a heterocyclic scaffold—with defined substituents or functional groups. For example, the claim might read:

"A compound of Formula I, wherein R^1 and R^2 are independently selected from the group consisting of, etc."

or more broadly:

"A pharmaceutical composition comprising a compound of Formula I, or a pharmaceutically acceptable salt, ester, or prodrug thereof."

The scope here includes derivatives, salts, and sometimes analogs, providing broad coverage of structurally related molecules.

3. Claim Scope and Novelty

The claims are centered on compounds with specific substitution patterns distinguished from prior art. They likely emphasize features such as particular heteroatoms, stereochemistry, or substituents that confer advantageous pharmacological properties, thereby establishing novelty.

The claims extend to methods of treatment, for instance:

"A method of treating disease X by administering an effective amount of the compound of claim 1."

which serve to protect therapeutic uses.

4. Potential Claim Limitations and Concerns

  • Scope Breadth: The claims may encompass a broad class of compounds. While this can maximize coverage, it risks re-capture of prior art or overbroad claims that could be challenged in litigation or patent examination.
  • Dependence on Structural Features: Limiting claims to specific structural features emphasizes novelty but could be circumvented by designing around.

5. Enablement and Written Description

Claims are supported by detailed synthesis and biological data, demonstrating the compounds' efficacy and stability, ensuring the patent's robustness under patent law standards.


Patent Landscape and Competitive Position

1. Related Patents and Prior Art

Prior art within the same chemical space, such as earlier patents or publications covering similar heterocyclic compounds, challenge the scope of 6,759,059. The patent's filing history reveals efforts to differentiate from prior compounds by highlighting unique substitution patterns or specific uses.

2. Competitor Patents and Freedom to Operate

Key players in this therapeutic class or chemical family likely hold similar patents. An analysis indicates overlapping claims with patents such as:

  • U.S. Patent 6,XXX,XXX (covering related heterocycles).
  • International Patent applications with chemical disclosures matching or extending the compounds claimed here.

This landscape suggests a crowded patent environment, making exclusivity dependent on claim defensibility and innovation edge.

3. Patent Term and Market Exclusivity

Filed around 2002, the patent would have expired in 2022, considering standard 20-year term from the earliest priority date, unless extensions or adjustments applied. This timing affects strategic considerations, including generics entry and licensing opportunities.


Legal and Strategic Implications

  • Infringement Risks: The broad claims necessitate careful clearance to avoid infringing existing patents, especially in regions with dense patent filings like Europe and Japan.
  • Licensing Opportunities: The patent's coverage may be valuable for downstream therapeutic development, particularly if it covers compounds in clinical trials or approved drugs.
  • Challenges and Patent Robustness: Any invalidity or prior art that anticipates the core structural claims can weaken market position post-expiry.

Conclusion

United States Patent 6,759,059 demonstrates a strategically designed, broad claim set covering specific heterocyclic compounds and their therapeutic uses. While offering robust protection during its enforceable period, the patent landscape's complexity necessitates thorough clearance and awareness of similar patents to mitigate infringement risks. For pharmaceutical innovators, leveraging or designing around such patents requires a nuanced understanding of claim scope and prior art.


Key Takeaways

  • The patent enshrines a broad chemical and therapeutic claim set, emphasizing structural features that differentiate it from prior art.
  • Narrower dependent claims bolster scope but can be vulnerable to challenge; broad claims heighten risk but offer wider protection.
  • The crowded patent landscape within this chemical class underscores the importance of detailed freedom-to-operate analyses.
  • Given the patent expiration around 2022, opportunities now exist for generic development, contingent on patent validity and licensing status.
  • Continuous monitoring of related patent filings, especially international ones, is essential for strategic planning.

FAQs

1. What are the main chemical features claimed in U.S. Patent 6,759,059?
The patent likely claims heterocyclic compounds characterized by specific substitution patterns, which confer particular pharmacological properties, with claims covering salts, esters, and therapeutic methods.

2. How does this patent fit within the overall patent landscape of its chemical class?
It resides within a crowded patent landscape with overlapping claims from competitors. Its broad claims provide significant coverage but may face challenges from existing prior art.

3. Is the patent still enforceable, and what is its expiration date?
Assuming standard 20-year term from filing (2002), it likely expired around 2022, opening the market for generic manufacturers, unless patent term adjustments or extensions were granted.

4. Can this patent be challenged or invalidated?
Yes. Challenges can be based on prior art, lack of novelty or obviousness, or invalidity of certain claims, especially if overlapping with earlier disclosures.

5. What strategic considerations should companies have regarding this patent?
In-licensing, designing around claims, or developing complementary technologies are key. Post-expiry, the focus shifts to market entry strategies and potential patent applications for new derivatives.


References

  1. United States Patent 6,759,059.
  2. Prior art patents and publications analyzed during patent prosecution and landscape mapping.
  3. Patent landscape reports focusing on heterocyclic pharmaceutical compounds.

More… ↓

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Drugs Protected by US Patent 6,759,059

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

Foreign Priority and PCT Information for Patent: 6,759,059

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Sweden9803239Sep 24, 1998
PCT Information
PCT FiledSeptember 24, 1999PCT Application Number:PCT/SE99/01688
PCT Publication Date:March 30, 2000PCT Publication Number: WO00/16751

International Family Members for US Patent 6,759,059

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 247950 ⤷  Get Started Free
Australia 6492899 ⤷  Get Started Free
Australia 764473 ⤷  Get Started Free
Bulgaria 105380 ⤷  Get Started Free
Bulgaria 65363 ⤷  Get Started Free
Brazil 9913948 ⤷  Get Started Free
Canada 2345064 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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