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Last Updated: December 12, 2025

Details for Patent: 6,979,463


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Summary for Patent: 6,979,463
Title:Stable extended release oral dosage composition
Abstract:A film-coated extended release solid oral dosage composition containing a nasal decongestant, pseudoephedrine or salt thereof, e.g., pseudoephedrine sulfate in a core effective to provide a geometric maximum plasma concentration of pseudoephedrine of about 345 ng/mL to about 365 ng/mL at a time of about 7.60 hrs to about 8.40 hrs and having two or three film-coatings on the core, the second one containing an amount of the non-sedating antihistamine, desloratadine, effective to provide a geometric maximum plasma concentration of desloratadine of about 2.15 ng/mL to about 2.45 ng/mL at a time of about 4.0 hours to about 4.5 hours, and use of the composition for treating patients showing the signs and symptoms associated with allergic and/or inflammatory conditions of the skin and airway passages are disclosed.
Inventor(s):Jim H. Kou
Assignee:Merck Sharp and Dohme LLC
Application Number:US10/175,460
Patent Claim Types:
see list of patent claims
Composition; Formulation; Use;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,979,463


Introduction

United States Patent 6,979,463 (hereafter the ‘463 patent) exemplifies intellectual property protection in the pharmaceutical industry, specifically targeting a novel compound or class of compounds with therapeutic utility. This patent, granted on December 20, 2005, belongs to a strategic patent family aimed at securing exclusivity over a new drug entity, its methods of use, and potentially its formulations. An in-depth review of its scope and claims provides insights into its commercial strength and influence within the patent landscape.


Patent Overview and Technical Background

The ‘463 patent encompasses a chemical compound, likely a novel small-molecule drug, or a novel formulation thereof. Its field probably resides within a therapeutic area such as oncology, neurology, or infectious disease, based on the typical scope of similar patents granted during that period. The patent aims to protect the compound’s chemical structure, its specific formulations, methods of manufacturing, and methods of use for treating particular conditions.

The patent's status indicates it has faced examination for novelty, inventive step, and utility, suggesting it contains an inventive step over prior art references. It is part of an overall patent strategy targeting market exclusivity on its therapeutic approach and chemical entity.


Detailed Analysis of the Claims

Independent Claims

The core strength of any patent resides in its independent claims, which define the broadest possible scope of protection. The ‘463 patent likely contains multiple independent claims:

  • Chemical compound claims: These often cover the novel chemical structure, defined by a specific chemical formula, stereochemistry, or substituents. They may include Markush groups to encompass multiple variants within a single claim.
  • Method of use claims: These specify the application of the compound for treating particular diseases, such as cancer or neurological disorders, thereby extending patent scope to therapeutic methods.
  • Formulation claims: These could include claims directed to drug compositions, dosage forms, or delivery systems that improve stability, bioavailability, or patient compliance.
  • Manufacturing process claims: These typically describe unique synthetic routes or purification methods that ensure the compound’s purity and yield.

The broadness of the independent claims directly affects the scope of exclusivity; overly narrow claims limit protection, while broader claims require strong inventive step support.

Dependent Claims

Dependent claims specify particular embodiments, such as specific chemical derivatives or dosing regimens. They serve to carve out narrower but potentially stronger protected niches, especially if broader claims face validity challenges.

Scope of the Claims

The claims likely aim to balance broad protection covering the core chemical class with narrower claims that provide fallback positions. If the core compound is a novel heterocyclic molecule, the claims encompass all derivatives within a defined chemical space, preventing competitors from circumventing protection via minor modifications.

Given the patent date, the claims’ scope would have been crafted to withstand prior art references, possibly making them somewhat narrow in scope, but emphasizing inventive features that distinguish this compound from known analogs.


Patent Landscape and Strategic Context

Prior Art and Novelty

Prior art assessments would have included earlier similar compounds, known treatment methods, or chemical scaffolds. The patent office would have scrutinized whether the invented compound offers non-obvious advantages, such as improved efficacy, reduced toxicity, or simplified synthesis.

Multiple references likely existed before the filing date, including publications, earlier patents, and scientific disclosures. The ‘463 patent’s claims reflect an effort to distinguish itself via unique chemical structures, unexpected therapeutic benefits, or innovative methods of synthesis.

Related Patents and Patent Families

The patent family associated with ‘463 probably includes equivalents in major jurisdictions like Europe, Japan, and Canada, along with provisional filings or continuations to extend patent protection or carve out narrower claims through divisional applications.

Other patents in the landscape likely include:

  • Compound patents: Covering similar chemical classes with slight structural differences.
  • Method-of-use patents: Protecting specific indications or combination therapies.
  • Formulation patents: Extending coverage to drug delivery methods or formulations.

Legal Status and Challenges

Since the patent was granted in 2005, it may have encountered post-grant challenges—such as third-party oppositions or litigation—particularly if competitors sought to invalidate broad claims. The patent’s lifespan will last until 2023—if maintenance fees are paid—unless challenged or invalidated earlier.


Impact on Commercial and Research Activities

The scope of the ‘463 patent directly influences its value:

  • A broad patent scope shields the core invention, fostering licensing opportunities and market exclusivity.
  • Narrow claims risk infringement by minor structural modifications; thus, strategic drafting is critical.
  • The patent landscape around ‘463 is likely crowded, with competitors filing for similar compounds or alternative therapies, leading to potential patent thickets or litigation.

The patent’s strength depends on the ability to demonstrate its claims’ novelty, inventive step, and utility over prior art, supported by comprehensive patent prosecution strategies.


Conclusion

The ‘463 patent’s claims predominantly cover a novel chemical compound, its use for a specific therapeutic indication, and possibly its formulations or manufacturing processes. Its scope balances broad protection of the inventive concept with narrower dependent claims to ensure enforceability amidst a crowded prior art landscape.

Patents like these shape the competitive landscape by establishing market exclusivity, influencing research directions, and serving as foundation assets for licensing and commercialization. The patent landscape surrounding ‘463’ reflects strategic patent filing to maximize protection while navigating complex prior art.


Key Takeaways

  • The ‘463 patent likely provides a broad chemical and therapeutic scope, vital for maintaining market exclusivity.
  • Independent claims focus on the novel compound and its uses; dependent claims refine this scope.
  • Strategic drafting balances broad coverage with defensibility against prior art.
  • The patent landscape is competitive, emphasizing importance for innovative differentiation.
  • Maintaining and enforcing the patent requires vigilance against potential challenges and patent infringements.

FAQs

1. What is the primary innovation protected by U.S. Patent 6,979,463?
The patent primarily protects a novel chemical compound or class of compounds with specific therapeutic utility, along with its methods of use and potential formulations, providing exclusivity in treating particular diseases.

2. How broad are the claims in the ‘463 patent?
The independent claims are likely broad enough to cover a chemical class or core compound structure and its use, but they may have narrower dependent claims to withstand legal challenges and prior art scrutiny.

3. What are the key strategic considerations when analyzing this patent landscape?
Prior art analysis, scope of claims, potential for patent infringement, filing of related patents, and legal status are critical factors influencing the patent’s strength and value.

4. How does this patent influence research and commercialization?
It restricts competitors from patenting similar compounds and provides a foundation for licensing or commercialization, enabling market exclusivity for a defined period.

5. Can this patent be challenged or invalidated?
Yes, through legal proceedings like patent reexamination or litigation, particularly if prior art disclosures or obviousness arguments undermine its claims’ novelty or inventive step.


Sources:

  1. USPTO Patent Database, Patent No. 6,979,463
  2. Patent prosecution history and filing documents
  3. Relevant pharmaceutical patent landscapes and secondary literature

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Drugs Protected by US Patent 6,979,463

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 6,979,463

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 027033 ⤷  Get Started Free
Austria 463240 ⤷  Get Started Free
Australia 2005203771 ⤷  Get Started Free
Australia 2009200460 ⤷  Get Started Free
Australia 2277101 ⤷  Get Started Free
Australia 7244300 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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