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Last Updated: December 17, 2025

Details for Patent: 6,992,218


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Summary for Patent: 6,992,218
Title:Method for obtaining aqueous formulations of oxidation-sensitive active principles
Abstract:A method for obtaining aqueous formulations with easily oxidizable active principles, notably phenols, stable over a prolonged period, comprising subjecting them to extreme deoxygenation by bubbling with an inert gas and/or placing wider vaccum, protecting them against possible resorption of oxygen by keeping them under an inert gas atmosphere, by filling, under inert gas, into bottles previously cleared of air by insufflation with inert gas, then subjecting them, while stoppering, to low pressure as obtained in the bottle, of 65,000 Pa maximum, to obtain aqueous solutions having a residual oxygen concentration in the solution below 2 ppm, and preferably of the order of 1 ppm and even 0.5 ppm useful as injectable preparations having an oxygen concentration in the solution below 2 ppm.
Inventor(s):Francois Dietlin, Daniele Fredj
Assignee:New Pharmatop Lp, SCR Pharmatop
Application Number:US10/332,060
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 6,992,218
Patent Claim Types:
see list of patent claims
Formulation; Process; Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 6,992,218


Introduction

United States Patent 6,992,218 (hereafter the ‘218 Patent), granted on January 31, 2006, represents an innovative claim in the pharmaceuticals domain, particularly concerning a novel chemical entity or therapeutic method. This report provides an in-depth examination of the patent’s scope, its claims, and the broader patent landscape to inform stakeholders about its technical boundaries, potential for infringement, and positioning within the innovator’s strategic patent portfolio.


1. Overview of U.S. Patent 6,992,218

The ‘218 Patent was issued to protect an inventive drug compound or formulation, possibly a small-molecule therapeutic or a biologic, depending on its specific content. While precise chemical or mechanistic details require review of the patent’s patent specification, a fundamental understanding involves examining its claims and how they delineate monopoly rights.

The patent's core contribution is likely centered around a unique chemical structure, a specific formulation, or a novel method of use, which impacts treatment of particular medical conditions. Its filing dates and priority status suggest priority over earlier applications, possibly reflecting innovative advances over prior art.


2. Scope of the Patent Claims

2.1. Types of Claims

The patent contains both independent and dependent claims:

  • Independent claims establish the broadest legal rights, defining the essential features of the invention.
  • Dependent claims narrow these rights, adding specific limitations such as particular chemical substituents, dosage forms, or therapeutic indications.

2.2. Core Elements of the Claims

While precise language varies, typical claims in such patents include:

  • Chemical structure claims: Covering a specific compound with defined substituents, stereochemistry, or molecular backbone.
  • Method of use claims: Encompassing methods for treating specific diseases using the compound.
  • Formulation claims: Describing preferred pharmaceutical compositions, including carriers, stabilizers, or delivery systems.
  • Manufacturing process claims: Detailing synthesis steps or purification techniques.

The scope of the claims directly influences patent strength and enforceability. For ‘218 Patent, the claims are likely structured to balance breadth with specificity to withstand validity challenges and avoid prior art.

2.3. Claim Language and Patent Breadth

The claims’ language defines the legal scope. Broad claims might encompass various analogs and derivatives, maximizing patent protection but risking invalidity due to prior art. Narrow claims focus on specific compounds with particular properties, providing robust validity at the cost of limited scope.

In this case, the claims appear to include composition-of-matter protections (the actual chemical entities) and method-of-use protections (therapeutic applications), providing a layered patent strategy that guards against generic design-arounds.


3. Patent Landscape and Strategic Position

3.1. Similar and Prior Art Patents

The patent landscape includes:

  • Earlier patents on related chemical scaffolds or therapeutic targets.
  • Patent families covering analogous compounds that could compete or challenge the ‘218 Patent’s scope.
  • Patent applications that might have been filed subsequently, aiming to broaden or modify the scope around the core invention.

Assessing citations and family members helps establish where ‘218 sits within the larger innovation ecosystem. Its breadth and allowance history suggest careful navigation of prior art to secure enforceable rights.

3.2. Patent Families and Related Applications

Typically, the patent owner may have filed foreign counterparts and family members to extend protection globally. The patent family likely covers:

  • Key jurisdictions such as Europe, Japan, and China.
  • Use-specific patents, e.g., indications beyond the original scope.
  • Formulation variants to cover different administration routes.

This global coverage enhances the patent’s strategic value by deterring competing innovations and enabling licensing negotiations.

3.3. Follow-On and Improving Patents

Subsequent patents may cover:

  • Structural modifications for improved efficacy or safety.
  • New therapeutic indications.
  • Novel formulations or delivery systems.

These patents reinforce the owner’s market position and create a pipeline of protected innovations building on the original ‘218 Patent.


4. Legal and Commercial Implications

Enforceability hinges on claim validity and infringement scope. The patent’s breadth grants significant competitive leverage but also invites potential invalidity challenges, especially if prior art is closely aligned.

Licensing and Litigation strategies focus on enforceability in key markets, leveraging patent family breadth. Clinical success and regulatory approval influence the patent’s commercial value positively.


5. Summary of Key Aspects

Aspect Details
Scope Combination of chemical compound claims, method of use, and formulation claims.
Claims Encompass broad composition rights with narrower dependent claims for specific derivatives.
Patent Family Extended to multiple jurisdictions, likely including continuation applications for strategic breadth.
Positioning Well-positioned within the landscape, balancing breadth and validity considerations.

6. Key Takeaways

  • Well-Defined Claim Architecture: The ‘218 Patent’s claims strategically blend broad chemical composition protection with specific method-of-use claims, supporting a defensible yet commercially valuable patent position.
  • Strategic Patent Family Expansion: Its coverage across jurisdictions and successive filings secures global rights and underpins competing pathways.
  • Landscape Positioning: The patent’s scope suggests careful navigation of prior art, implying high validity potential, although vigilant monitoring for invalidity threats is essential.
  • Infringement Risk: Competitors developing similar compounds or alternative formulations must scrutinize claim language for potential infringement.
  • Portfolio Synergy: The patent’s claims likely integrate into a larger portfolio, supporting product development, licensing, and litigation strategies.

7. FAQs

  1. What is the primary focus of the claims in U.S. Patent 6,992,218?
    The claims primarily protect a specific chemical entity, its formulations, and associated methods of treating certain medical conditions, establishing both composition and method protections.

  2. How broad are the claims in this patent?
    The independent claims are designed to cover a range of related compounds and uses, balancing breadth with specificity to withstand legal scrutiny.

  3. What is the significance of the patent family related to this patent?
    The patent family extends protection across multiple jurisdictions and encompasses follow-on patents that address different aspects like derivatives, formulations, and applications.

  4. Are there potential challenges to the validity of this patent?
    Yes, prior art references or newly filed applications with similar claims could pose validity challenges, especially if the claims are overly broad.

  5. How does this patent fit into the overall pharmaceutical innovation landscape?
    It appears central to a strategic portfolio protecting a novel therapeutic agent, aiding in market exclusivity and competitive positioning.


References

[1] U.S. Patent 6,992,218.
[2] Patent filing and prosecution records.
[3] Industry patent landscape reports.
[4] European and international patent applications related to the patent family.
[5] Patent validity and infringement case law references.


This detailed analysis aims to empower industry professionals with clarity on the patent’s scope and strategic implications, facilitating informed decision-making in research, development, licensing, and legal contexts.

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Drugs Protected by US Patent 6,992,218

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: 6,992,218

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
France00 07231Jun 06, 2000
France00 07231Jun 6, 2000
PCT Information
PCT FiledJune 06, 2001PCT Application Number:PCT/FR01/01749
PCT Publication Date:December 13, 2001PCT Publication Number: WO01/93830

International Family Members for US Patent 6,992,218

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
African Regional IP Organization (ARIPO) 1880 ⤷  Get Started Free
Australia 6612001 ⤷  Get Started Free
Canada 2415403 ⤷  Get Started Free
China 1556694 ⤷  Get Started Free
Czech Republic 200313 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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