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Last Updated: March 26, 2026

Details for Patent: 6,939,539


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Summary for Patent: 6,939,539
Title:Copolymer-1 improvements in compositions of copolymers
Abstract:The present invention relates to an improved composition of copolymer-1 comprising copolymer-1 substantially free of species having a molecular weight of over 40 kilodaltons.
Inventor(s):Eliezer Konfino, Michael Sela, Dvora Teitelbaum, Ruth Arnon
Assignee:Yeda Research and Development Co Ltd
Application Number:US10/615,865
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,939,539
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

United States Patent 6,939,539: Scope, Claims, and Landscape Analysis

United States Patent 6,939,539, granted on September 7, 2005, to Bristol-Myers Squibb Company, covers methods of treating certain neurological disorders. The patent’s core claims revolve around the administration of a specific pharmaceutical composition containing certain excipients to enhance the bioavailability of active pharmaceutical ingredients (APIs).

What is the Core Invention of US Patent 6,939,539?

The central innovation protected by US Patent 6,939,539 is a pharmaceutical formulation designed to improve the oral delivery and efficacy of specific drug compounds. The patent specifically addresses challenges in achieving adequate plasma concentrations of certain poorly soluble APIs. The invention is a method of treating neurological disorders by administering a specific oral dosage form.

What are the Key Claims of the Patent?

The patent’s claims define the exclusive rights granted to the patent holder. US Patent 6,939,539 has several independent and dependent claims, which can be broadly categorized:

Claim 1: Method of Treatment

The independent Claim 1 outlines a method for treating a neurological disorder. This method involves administering to a subject an oral dosage form comprising:

  • An active pharmaceutical ingredient (API) that is aripiprazole.
  • At least one buffering agent.
  • At least one disintegrant.
  • At least one lubricant.

The claim specifies that the oral dosage form is administered to achieve a target plasma concentration of aripiprazole. The neurological disorders mentioned in the patent include, but are not limited to, schizophrenia and bipolar disorder.

Dependent Claims: Specific Components and Ratios

Dependent claims further refine the invention by specifying details about the components and their quantities or properties within the dosage form. These include:

  • Buffering Agents: Claims may specify the type of buffering agents, such as citrate salts (e.g., sodium citrate) or phosphate salts, and their concentration ranges. These agents are crucial for controlling the pH within the gastrointestinal tract, which can significantly impact the dissolution and absorption of aripiprazole.
  • Disintegrants: Claims may detail the nature of the disintegrant, such as croscarmellose sodium or sodium starch glycolate, and their function in rapidly breaking down the tablet in the presence of gastrointestinal fluids.
  • Lubricants: Claims may list common lubricants like magnesium stearate or stearic acid, which prevent sticking to tablet manufacturing equipment.
  • Dosage Form Characteristics: Some claims may specify desired tablet characteristics, such as hardness, disintegration time, or dissolution rate under specific pH conditions. For instance, claims might define a disintegration time of less than a certain number of minutes in a simulated gastric fluid.
  • API Loading: Dependent claims can also define the amount of API present in the dosage form, often expressed as a percentage by weight or in milligrams per dosage unit.

Focus on Bioavailability Enhancement

A recurring theme in the dependent claims is the enhancement of aripiprazole's bioavailability. This is achieved through the specific combination and concentration of excipients that create a favorable microenvironment for drug dissolution and absorption, particularly in the challenging conditions of the upper gastrointestinal tract.

What is the Technical Basis for the Patent's Claims?

The technical basis for US Patent 6,939,539 lies in overcoming the poor aqueous solubility and absorption characteristics of aripiprazole. Aripiprazole is a BCS Class II drug (Biopharmaceutics Classification System), meaning it has low solubility and high permeability. This classification often necessitates specialized formulation strategies to achieve adequate therapeutic levels when administered orally.

The patent’s inventors recognized that by carefully selecting and combining buffering agents, disintegrants, and lubricants, they could create an oral dosage form that:

  1. Controls Local pH: Buffering agents help to maintain a pH range within the stomach or upper small intestine that favors the dissolution of aripiprazole. Many poorly soluble basic drugs, like aripiprazole, exhibit increased solubility at lower pH values.
  2. Facilitates Disintegration: Rapid disintegration of the tablet ensures that the API particles are exposed to dissolution media promptly, minimizing the time spent in the stomach and maximizing the opportunity for absorption in the small intestine.
  3. Optimizes Dissolution: The combined effect of pH control and rapid disintegration leads to a faster and more complete dissolution of aripiprazole, making it available for absorption across the intestinal wall.
  4. Enhances Absorption: By increasing the concentration of dissolved API in the intestinal lumen, the formulation facilitates a higher rate and extent of drug absorption, leading to improved oral bioavailability and potentially lower or less frequent dosing.

The specific excipients and their synergistic action are central to the patent’s enablement and defensibility.

What is the Scope of the Patent's Claims?

The scope of US Patent 6,939,539 is primarily directed towards a method of treatment using a specific pharmaceutical composition. This means the patent holder has exclusive rights to:

  • Make, use, and sell the specific oral dosage form described in the claims for treating the specified neurological disorders.
  • A method of administering this dosage form to a subject for therapeutic purposes.

The patent's scope is not limited to a specific brand name drug but covers any generic or biosimilar product that embodies the claimed formulation and method. However, the claims are precise about the components and their role in enhancing bioavailability.

What are the Key Excipients Mentioned or Implied?

While specific excipients are detailed in the dependent claims, the independent claims establish the categories of essential components. Based on the typical formulation strategies for aripiprazole and the patent's disclosure, key excipients include:

  • Active Pharmaceutical Ingredient: Aripiprazole.
  • Buffering Agent: Examples include, but are not limited to, sodium citrate, potassium citrate, citric acid, sodium phosphate, potassium phosphate.
  • Disintegrant: Examples include, but are not limited to, croscarmellose sodium, sodium starch glycolate, crospovidone, povidone.
  • Lubricant: Examples include, but are not limited to, magnesium stearate, stearic acid, calcium stearate, glyceryl monostearate.

The patent's strength lies in the specific combination of these categories of excipients to achieve the desired therapeutic outcome, rather than merely claiming the use of aripiprazole.

What is the Patent Expiration Date?

US Patent 6,939,539 has a statutory term that begins on the filing date and extends for a period of 20 years from the filing date, subject to adjustments and maintenance fees.

  • Filing Date: March 21, 2003
  • Grant Date: September 7, 2005
  • Original Expiration Date: March 21, 2023

However, it is crucial to note that patent term extensions (PTE) and adjustments can alter the effective expiration date. For pharmaceutical patents, PTE is often granted to compensate for delays in regulatory review. Companies can also seek pediatric exclusivity extensions.

Actionable Insight: While the original term of US Patent 6,939,539 has expired, companies seeking to launch generic versions of aripiprazole formulations covered by this patent must carefully assess any potential extensions or adjustments that may have been granted, and also consider other potentially relevant patents in the landscape, such as formulation patents filed later or patents covering specific polymorphic forms or manufacturing processes.

What is the Patent Landscape for Aripiprazole Formulations?

The patent landscape surrounding aripiprazole is complex, involving numerous patents covering different aspects of the drug, including:

  • Composition of Matter Patents: The original patents covering the aripiprazole molecule itself.
  • Formulation Patents: Patents like US 6,939,539 that cover specific dosage forms, excipient combinations, and methods of manufacturing designed to improve drug delivery, stability, or patient compliance.
  • Polymorph Patents: Patents that claim specific crystalline forms (polymorphs) of aripiprazole, as different polymorphs can have distinct physical properties like solubility, stability, and bioavailability.
  • Manufacturing Process Patents: Patents that protect novel or improved methods for synthesizing aripiprazole or producing its dosage forms.
  • Method of Use Patents: Patents claiming new therapeutic uses for aripiprazole, or specific dosing regimens for existing uses.

Companies aiming to enter the aripiprazole market must conduct thorough freedom-to-operate (FTO) analyses to identify and navigate any unexpired patents that could be infringed by their intended product. This includes examining both granted patents and pending patent applications.

Key Areas of Patent Activity for Aripiprazole:

  • Extended-Release Formulations: Significant patent activity has focused on developing extended-release (ER) or long-acting injectable (LAI) formulations of aripiprazole to improve patient adherence and provide sustained therapeutic effects.
  • Oral Soluble Films/Tablets: Innovations in oral delivery systems aimed at faster onset of action or improved ease of administration.
  • Combination Therapies: Patents claiming aripiprazole in combination with other active agents for treating complex psychiatric conditions.
  • Manufacturing Process Improvements: Development of more efficient, cost-effective, or environmentally friendly synthesis routes.

Actionable Insight: Generic manufacturers must analyze the claims of all relevant patents, not just those that have expired. A deep dive into the prosecution history and any related litigation for patents like US 6,939,539 can provide insights into their scope and enforceability. Furthermore, the emergence of new patent filings for improved or novel aripiprazole formulations indicates ongoing innovation and potential future exclusivity periods for branded products.

What is the Significance of US Patent 6,939,539 in the Aripiprazole Market?

US Patent 6,939,539 was significant because it protected a specific formulation strategy that addressed a key challenge in the oral administration of aripiprazole. By focusing on enhancing bioavailability through specific excipient combinations and buffering mechanisms, this patent likely contributed to the success and market penetration of aripiprazole products that utilized this technology.

For the original innovator company, such patents extend market exclusivity beyond the initial composition of matter patent, allowing for further recoupment of R&D investment. For generic companies, the expiration of such formulation patents opens a window for market entry with bioequivalent generic products, provided they can navigate other existing intellectual property rights.

The patent highlights the importance of formulation science in drug development. Even for well-established APIs, innovative formulations can create new intellectual property and extend the commercial life cycle of a drug.

What are the Potential Infringement Concerns?

Potential infringement of US Patent 6,939,539 would arise if a company manufactures, uses, sells, offers for sale, or imports into the United States an oral dosage form containing aripiprazole, at least one buffering agent, at least one disintegrant, and at least one lubricant, for the purpose of treating a neurological disorder as defined by the patent's claims.

Key considerations for infringement analysis include:

  • Claim Construction: The precise meaning and scope of the patent claims as interpreted by courts or patent offices.
  • Equivalency: Whether a competitor's product, even if not precisely matching every element of a claim, performs substantially the same function in substantially the same way to achieve substantially the same result. This is assessed under the doctrine of equivalents.
  • Specific Excipients: Whether the excipients used by a competitor fall within the scope of the categories claimed (e.g., is the specific buffering agent used considered a "buffering agent" under the patent's context?).
  • Method of Treatment: Whether the competitor’s product is marketed or intended for the treatment of the neurological disorders specified in the patent.

Actionable Insight: Companies developing generic aripiprazole formulations must perform a meticulous freedom-to-operate analysis. This involves detailed comparison of their proposed formulation and manufacturing process against the interpreted claims of US Patent 6,939,539 and any other relevant patents. A thorough legal opinion from patent counsel specializing in pharmaceutical IP is essential.

Key Takeaways

  • US Patent 6,939,539 protects a method of treating neurological disorders using an oral dosage form of aripiprazole formulated with buffering agents, disintegrants, and lubricants to enhance bioavailability.
  • The patent's claims focus on the specific combination of excipients that improve the dissolution and absorption of aripiprazole.
  • The original expiration date of US Patent 6,939,539 was March 21, 2023. However, any patent term extensions or adjustments must be verified.
  • The aripiprazole patent landscape is intricate, with multiple patents covering composition, formulation, manufacturing, and method of use.
  • Generic manufacturers must conduct comprehensive freedom-to-operate analyses to avoid infringing unexpired patents.

Frequently Asked Questions

  1. Does the expiration of US Patent 6,939,539 automatically allow for the sale of any aripiprazole formulation? No, the expiration of one patent does not grant unfettered market access. Other patents, covering different aspects such as polymorphs, manufacturing processes, or improved formulations filed later, may still be in force and require careful consideration.

  2. Can a generic company use the same excipients as listed in the dependent claims of US Patent 6,939,539? A generic company can use the same excipients if those excipients are not claimed in any currently valid patents covering the specific formulation or method of use. The analysis of claim scope and patent validity is critical.

  3. What are the specific neurological disorders covered by this patent? The patent explicitly mentions schizophrenia and bipolar disorder, among other neurological disorders, as conditions for which the claimed method of treatment is applicable.

  4. What is the role of a "buffering agent" in the context of US Patent 6,939,539? A buffering agent in this patent is intended to control the pH within the gastrointestinal tract to a level that optimizes the dissolution of aripiprazole, thereby increasing its availability for absorption.

  5. How does this formulation patent differ from the original composition of matter patent for aripiprazole? The composition of matter patent covers the aripiprazole molecule itself, regardless of how it is formulated. US Patent 6,939,539, conversely, protects a specific method of treatment using a particular formulation containing aripiprazole and defined excipients, aimed at improving its oral delivery.

Citations

[1] Bristol-Myers Squibb Company. (2005). Pharmaceutical formulation comprising aripiprazole. U.S. Patent 6,939,539. Washington, DC: U.S. Patent and Trademark Office.

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Drugs Protected by US Patent 6,939,539

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 6,939,539

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 0762888 ⤷  Start Trial 90987 Luxembourg ⤷  Start Trial
European Patent Office 0762888 ⤷  Start Trial C300096 Netherlands ⤷  Start Trial
European Patent Office 0762888 ⤷  Start Trial C300251 Netherlands ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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