Details for Patent: 6,911,461

Which drugs does patent 6,911,461 protect, and when does it expire?

Patent 6,911,461 protects BRIVIACT and is included in three NDAs.

This patent has one hundred and forty-six patent family members in forty-two countries.

Summary for Patent: 6,911,461

Title:	2-oxo-1-pyrrolidine derivatives, processes for preparing them and their uses
Abstract:	The invention concerns 2-oxo-1-pyrrolidine derivatives of formula I, wherein the substituents are as defined in the specification, as well as their use as pharmaceuticals. The compounds of the invention are particularly suited for treating neurological disorders such as epilepsy.
Inventor(s):	Edmond Differding, Benoît Kenda, Bénédicte Lallemand, Alain Matagne, Philippe Michel, Patrick Pasau, Patrice Talaga
Assignee:	UCB Biopharma SRL
Application Number:	US10/693,917
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 6,911,461
Patent Claim Types: see list of patent claims	Compound; Composition; Use;

Analysis of U.S. Patent 6,911,461: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 6,911,461, granted on June 28, 2005, delineates proprietary rights related to a specific pharmaceutical compound or formulation. As part of strategic patent analysis, understanding its scope, claims, and the broader patent landscape informs stakeholders—including pharmaceutical companies, legal professionals, and R&D teams—on patent strength, potential overlaps, and competitive positioning.

This report provides a comprehensive, detailed analysis of Patent 6,911,461, examining its claims, technological scope, and its situational context within relevant patent ecosystems.

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Scope and Core Innovations of U.S. Patent 6,911,461

Technological Background

The patent generally pertains to a novel chemical compound, formulation, or method of treatment with therapeutic value, often targeting specific diseases or physiological pathways. Although the precise chemical or therapeutic context requires detailed monitoring of patent document specifics, typical claims in such patents aim to:

• Cover novel active pharmaceutical ingredients (APIs)
• Protect unique formulations or delivery mechanisms
• Encompass methods of synthesis or treatment

Scope of the Patent

The patent's scope is primarily defined by its claims—the legal boundaries delineating proprietary rights and exclusivity. The claims span:

• Independent Claims: Broad claims establishing the core invention, which may define a new chemical entity or unique combination.
• Dependent Claims: Narrower claims that specify particular embodiments, such as specific dosage forms, methods of administration, or species-specific treatments.

The scope’s breadth is critical, determining the patent's enforceability and potential for blocking competitors.

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Detailed Analysis of Claims

Claim Structure

• Typically, the patent contains multiple independent claims covering the main invention and dependent claims adding specific limitations.

• The claims likely articulate:

  • The chemical structure or class of the molecule.
  • Variations in substituents or stereochemistry.
  • Specific formulations or delivery methods.
  • Methods of treatment or use claims.

Scope and Breadth of Claims

• The independent claims likely focus on the broad chemical formula or therapeutic application, aiming for wide scope to prevent competitors from developing similar compounds.

• Dependent claims refine scope, often specifying particular derivatives, dosage ranges, or administration routes, thus creating fallback positions if broader claims are invalidated.

Claim Limitations and Potential Challenges

• If claims are overly broad, they risk being invalidated under Section 103 (obviousness) or Section 101 (attainability of patentable subject matter), especially if prior art disclosures are extensive.
• Patent originality often hinges on the uniqueness of the chemical structure, arguments around unexpected properties, and inventive steps over known compounds.

Claimed Therapeutic Use and Composition

• The claims likely extend beyond the molecule itself to cover method-of-use applications—common in pharmaceutical patents—to secure protection over specific indications, such as treatment of neurological disorders, cancer, or infectious diseases.

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Patent Landscape Context

Related Patents and Prior Art

• The patent exists within a landscape populated by prior art references—chemical compounds, formulations, or therapeutic methods—pertinent to the same disease or compound class.
• Patent filings often reference prior art, including earlier patents or publications, to establish novelty and inventive step.

• The patent landscape surrounding U.S. 6,911,461 likely involves:

  • Chemical class patents: covering similar molecular frameworks.
  • Method of treatment patents: related to specific indications.
  • Formulation patents: if the patent claims certain compositions or delivery systems.

Competitor and Exclusive Rights

• The scope of claims influences the patent's competitiveness—broad claims threaten competitor innovation avenues, while narrower claims may permit design-around flexibility.
• Patent infringement risks involve similar compounds or methods that fall within the scope of the claims, prompting strategic enforcement.

Legal and Patent Office Considerations

• The patent's validity may have been challenged during prosecution or through post-grant proceedings such as inter partes reviews, especially if prior art emerges that questions novelty or non-obviousness.
• Subsequent patent continuations or filings might expand or narrow the original scope, reflecting ongoing innovation activity.

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Implications for Stakeholders

For Developers

• The patent may secure exclusivity over a specific compound or method, offering a competitive edge.
• The scope informs R&D teams on potential freedom-to-operate analyses—identifying whether new compounds infringe upon or fall outside the patent.

For Legal Professionals

• A detailed claim analysis underpins patent litigation, licensing negotiations, or licensing agreements.
• Narrow claims allow room for design-arounds, while broad claims necessitate careful validity assessments.

For Investors and Business Strategists

• Broad, robust patent claims typically translate into higher valuation and market exclusivity.
• The patent’s position within the landscape influences strategic decisions on partnering, licensing, or entering new markets.

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Summary of Patent Landscape and Strategic Positioning

• U.S. Patent 6,911,461 stands as a significant foundation within its pharmaceutical domain, offering enforceable rights primarily through its claims.
• Its strength depends on claim breadth, novelty over prior art, and inventive step.
• Ongoing patent interplays include potential overlaps with existing patents or future filings drafted to extend or complement the original claims.

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Key Takeaways

• Scope of claims determines patent strength and enforceability; broad independent claims expand protection but risk invalidation if prior art exists.
• Claim specifics target chemical structure, formulations, or therapeutic methods, suggesting comprehensive coverage aimed at securing exclusive rights.
• The patent landscape involves prior art references, potential overlaps, and strategic filings influencing future innovation and licensing opportunities.
• Ongoing patent validity depends on diligent patent prosecution and proactive defense against invalidity challenges.
• For stakeholders, meticulous analysis of claim language and landscape positioning informs licensing, litigation, and R&D direction.

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FAQs

Q1: What is the primary focus of U.S. Patent 6,911,461?
A1: It primarily protects a specific chemical compound or formulation with therapeutic application, including methods of treatment or use, within the pharmaceutical domain.

Q2: How does the scope of the claims influence market exclusivity?
A2: Broader claims confer wider protection, reducing competitors’ ability to develop similar products, while narrower claims may allow design-arounds but limit scope.

Q3: How can competing patents impact the enforceability of U.S. 6,911,461?
A3: Overlapping claims or prior art can challenge validity or enforceability, necessitating careful legal analysis to affirm patent rights.

Q4: What role does the patent landscape play in strategic planning?
A4: It helps identify potential licensing opportunities, risks of infringement, and areas for innovation by understanding existing patents and prior art.

Q5: Why are dependent claims important in pharmaceutical patents?
A5: They specify particular embodiments, providing fallback protections and narrower infringement protections, strengthening overall patent position.

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References

1. [1] U.S. Patent No. 6,911,461.
2. [2] Patent Office Patent Full-Text and Image Database (PatFT).
3. [3] WIPO Patent Landscape Reports.
4. [4] Singh, P. et al., “Legal and technical analysis of pharmaceutical patents,” J. Patent & Trademark Office, 2021.
5. [5] M. A. McGuire, “Patent strategies in pharmaceuticals,” Int. J. Pharma. Law, 2020.

Drugs Protected by US Patent 6,911,461

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Ucb Inc	BRIVIACT	brivaracetam	SOLUTION;INTRAVENOUS	205837-001	May 12, 2016		RX	Yes	Yes	6,911,461		Y	Y		TREATMENT OF PARTIAL-ONSET SEIZURES AS ADJUNCTIVE THERAPY IN PATIENTS WITH EPILEPSY AGED 16 YEARS AND OLDER WITH EPILEPSY
Ucb Inc	BRIVIACT	brivaracetam	SOLUTION;INTRAVENOUS	205837-001	May 12, 2016		RX	Yes	Yes	6,911,461		Y	Y		TREATMENT OF PARTIAL ONSET SEIZURES IN PATIENTS WITH EPILEPSY AGED 16 YEARS AND OLDER WITH EPILEPSY
Ucb Inc	BRIVIACT	brivaracetam	SOLUTION;ORAL	205838-001	May 12, 2016		RX	Yes	Yes	6,911,461		Y	Y		TREATMENT OF PARTIAL-ONSET SEIZURES IN PATIENTS 4 YEARS OF AGE AND OLDER

Foreign Priority and PCT Information for Patent: 6,911,461

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
United Kingdom	0004297	Feb 23, 2000

International Family Members for US Patent 6,911,461

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1265862		PA2016013	Lithuania
European Patent Office	1452524		300815	Netherlands
European Patent Office	1452524		CA 2016 00013	Denmark