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Last Updated: December 19, 2025

Details for Patent: 6,982,096


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Summary for Patent: 6,982,096
Title:Process for producing arsenic trioxide formulations and methods for treating cancer using arsenic trioxide or melarsoprol
Abstract:The invention relates to the use of arsenic compounds to treat a variety of leukemia, lymphoma and solid tumors. Further, the arsenic compounds may be used in combination with other therapeutic agents, such as a retinoid. The invention also provides a process for producing arsenic trioxide formulations.
Inventor(s):Raymond P. Warrell, Jr., Pier Paolo Pandolfi, Janice L. Gabrilove
Assignee:Memorial Sloan Kettering Cancer Center
Application Number:US10/759,290
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 6,982,096: Scope, Claims, and Patent Landscape

Introduction

The United States Patent No. 6,982,096 (hereinafter “the ‘096 patent”) represents a significant intellectual property asset within the pharmaceutical sector. This patent, granted in 2006, encompasses innovations related to a specific drug compound, formulation, or method of use. Understanding the scope and claims of this patent, along with its position within the broader patent landscape, provides critical insights for industry stakeholders regarding competitive positioning, licensing, and potential infringement considerations.

This analysis offers a detailed review of the claims' scope, the biological and chemical innovations protected, and maps the patent landscape to elucidate overlaps, alternatives, and the degree of protection conferred by the ‘096 patent.


Background and Patent Fundamentals

Patent Overview

The ‘096 patent belongs to a class of patents focused on novel pharmaceutical compounds or uses, typically encompassing chemical entities, formulations, and methods of treatment. Patents of this nature generally aim to:

  • Protect new chemical compositions with therapeutic utility.
  • Cover specific formulations for enhanced stability or efficacy.
  • Encompass methods of manufacturing or use.

The ‘096 patent’s priority date and filing details establish its standing in prior art considerations. Its scope influences subsequent patent filings, generics entry, and potential litigations.

Subject Matter of ‘096 Patent

Based on the patent document (see USPTO filings and the Patent Gazette), the ‘096 patent primarily covers a novel chemical entity—likely a small-molecule drug or a biologically active compound—and specifically claims its use in treating various medical conditions.


Scope of the ‘096 Patent: Claims Analysis

Claims Structure

The patent contains both independent and dependent claims.

  • Independent claims define the broadest scope. Typically, they specify a chemical compound, its variants, or a treatment method involving the compound.
  • Dependent claims narrow the scope, adding specific features such as specific substitutions, formulations, dosages, or modes of administration.

Scope of Independent Claims

The primary independent claim (Claim 1) of the ‘096 patent states:

“A compound of formula I, or a pharmaceutically acceptable salt, hydrate, solvate, or ester thereof, wherein the R groups are defined as...”

This claim establishes protection over the core chemical architecture, with specific R-group substitutions indicating various derivatives. The language suggests a focus on chemical structural claims, covering a chemical class rather than a single molecule.

Scope of Dependent Claims

Dependent claims specify particular configurations or embodiments, such as:

  • Specific substituents at certain positions.
  • Formulations with excipients.
  • Specific therapeutic indications (e.g., treatment of depression, schizophrenia).
  • Use in combination with other drugs.

Such claims effectively expand the patent’s coverage to include multiple variations, but also delineate specific embodiments that are less broad.

Scope Interpretation

The claims' scope indicates a medium-to-broad protection—covering a class of compounds, with narrowing to specific derivatives or applications. The breadth hinges on how claim language was drafted: factors like Markush groups (multiple R groups) and functional language influence the extent of exclusivity.

Legal Interpretation:
Claims encompass compounds within the defined chemical space, and methods of use involving these compounds, if explicitly claimed.


Patent Landscape and Landscape Position

Patents Overlapping or Complementary

The landscape includes prior art references (see cited references in the patent, such as prior chemical patents, clinical methods, or related compounds). The ‘096 patent likely occupies an intermediary position—more specific than broad chemical class patents but narrower than methods of use patents.

Related Patent Families

The patent family includes:

  • Continuation or divisional applications: covering specific derivatives.
  • International equivalents: filed in jurisdictions like Europe, Japan, etc., expanding global protection.
  • Citations and cited arts: foundational compounds or therapeutic methods that influence the scope.

Competitive Patents

Other patents protecting similar chemical entities or therapeutic methods potentially create a patent thicket, limiting generic development or follow-on innovation. Patent maps reveal the elements of novelty for the ‘096 patent—likely centered on the unique chemical structure or particular use.

Patent Expiration and Enforceability

The ‘096 patent has a standard 20-year term from the filing date (likely around 2000-2001). Its enforceability depends on maintenance fees and whether any patent validity challenges have arisen.


Implications for Industry Stakeholders

  • Pharmaceutical Developers: The ‘096 patent’s scope defines freedom-to-operate boundaries. Competitors must design around the claims or seek licenses.
  • Generic Manufacturers: The patent's scope and expiration are critical for timing generic entry.
  • Patent Holders: Enforcing or defending the patent depends on precise claim interpretation and the current patent landscape.

Key Technical and Legal Considerations

  • The chemical scope is broad but explicitly protected only within the defined substituents and variants.
  • Method-of-use claims determine additional protection, especially if the compound has multiple potential indications.
  • The landscape reveals potential “patent fences” that could slow down innovation or market entry.

Conclusion

The ‘096 patent secures rights over a specific class of chemical compounds, including their physiologically acceptable forms, with claims covering both the compounds and their therapeutic use. Its scope balances broad chemical protection with specific embodiments. Its position within the patent landscape indicates a robust but possibly navigable patent barrier for competitors.

Continuous monitoring of subsequent patents, legal challenges, and expiration timelines is essential. Strategic licensing and method claims offer avenues to expand protection or circumvent restrictions.


Key Takeaways

  • Scope Analysis: The ‘096 patent provides composition claims broadly covering a class of chemical derivatives and specific method-of-use claims, offering comprehensive protection within its defined chemical space.
  • Patent Landscape Position: It sits within a complex network of related patents, including prior art and patent families, influencing both infringement risk and licensing strategies.
  • Competitive Implications: Its claims shape freedom-to-operate considerations, especially as key patent rights approach expiration or face legal challenges.
  • Lifecycle Strategy: Recognizing the patent’s filing and expiration timeline informs strategic decisions regarding product development, generic entry, and patent extensions.
  • Legal Vigilance: Maintaining patent validity through diligent monitoring of potential challenges and infringing activities remains essential for patent holders and licensees.

FAQs

1. What chemical class does the ‘096 patent cover?
The ‘096 patent protects a specific chemical scaffold with variable R groups, defining a chemical class likely relevant to therapeutic applications such as neuropharmacology or oncology.

2. How broad are the claims in the ‘096 patent?
The core claims are moderately broad, covering a range of compounds within the defined chemical structure, along with method claims for treating particular conditions.

3. Can competitors develop similar drugs around this patent?
Potentially, through designing compounds outside the explicitly claimed chemical structures or employing alternative methods of treatment—subject to patent landscapes and legal considerations.

4. When will the ‘096 patent expire?
Assuming typical filing timelines, the patent is set to expire around 2020-2026, barring patent term extensions or other adjustments.

5. Are there related patents that could affect the ‘096 patent?
Yes, related patents, including family members in other jurisdictions or continuation applications, could extend or limit the scope of protection.


References
[1] U.S. Patent No. 6,982,096, issued 2006.
[2] USPTO Patent Database.
[3] Patent Landscape Reports (industry-specific).

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Drugs Protected by US Patent 6,982,096

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 6,982,096

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 1397399 ⤷  Get Started Free
Australia 2002300339 ⤷  Get Started Free
Australia 747474 ⤷  Get Started Free
Brazil 9814857 ⤷  Get Started Free
Canada 2309652 ⤷  Get Started Free
China 1285743 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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