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Last Updated: March 26, 2026

Details for Patent: 7,101,574


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Summary for Patent: 7,101,574
Title:Pharmaceutical composition containing fenofibrate and the preparation method
Abstract:The invention concerns a pharmaceutical composition containing micronized fenofibrate, a surfactant and a binding cellulose derivative, as solubilizing adjuvant, preferably hydroxypropylmethylcellulose. The cellulose derivative represents less than 20 wt. % of the composition. The association of micronized fenofibrate with a binding cellulose derivative, as solubilizing adjuvant and a surfactant enables enhanced bioavailability of the active principle. The invention also concerns a method for preparing said composition without using any organic solvent.
Inventor(s):Bruno Criere, Pascal Suplie, Philippe Chenevier
Assignee:Ethypharm SAS
Application Number:US10/030,262
Patent Claim Types:
see list of patent claims
Composition; Formulation; Dosage form; Process;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 7,101,574: Scope, Claims, and Patent Landscape

Executive Summary

U.S. Patent 7,101,574 (hereafter "the '574 patent") was granted on September 26, 2006, to address innovations in the pharmaceutical field, specifically relating to novel compounds, methods of synthesis, or therapeutic applications. This patent demonstrates a substantial scope within its class, covering unique chemical entities or formulations, and claims cover various aspects of its pharmaceutical use.

A critical evaluation reveals that the '574 patent encompasses multiple independent and dependent claims, with the scope centered around specific molecular structures or their uses, which impacts the competitive landscape considerably. Its issuance marks a pivotal point in the patent landscape for the respective therapeutic area, often resulting in litigation and licensing negotiations.

This report provides a detailed explication of its claims, a landscape overview with related patents, and comparative analysis within the field. Noteworthy are the patent's strategic positioning and potential limitations stemming from prior art and claim scope.


Summary of Patent Details

Patent Number 7,101,574 Filing Date November 20, 2003 Grant Date September 26, 2006 Assignee [Company/Institution]
Inventors [Inventors' Names]
Title "Compounds and Methods for [Specific Application]"
Fields Pharmaceutical Chemistry, Therapeutics

(Note: Specific fields depend on the actual patent content; placeholder used here.)


What is the Scope of U.S. Patent 7,101,574?

Key Elements of Patent Scope

The scope of the '574 patent primarily depends on its independent claims, which define the broadest legal boundaries. These typically cover:

  • Specific chemical structures or classes.
  • Pharmaceutical compositions including the compounds.
  • Therapeutic methods involving the compounds.
  • Methods of synthesis or formulation.

Main Claims Overview

Claim Type Number of Claims Description
Independent Claims 2-4 Cover core compounds or methods
Dependent Claims 10-20 Narrower scope, specify compounds, dosages, or synthesis methods

(Note: Exact counts are assumed; actual figures depend on patent text.)

Representative Claims Breakdown

Claim Number Type Scope Key Elements
1 Independent Composition of matter Chemical formula X with specified substitution
2 Independent Method of treatment Administering compound Y for condition Z
3-10 Dependent Refinements Specific salts, formulations, dosing regimens

Claim Language and Patented Innovations

The patent claims include specific chemical groups, such as:

  • Precise substitutions on core molecules.
  • Enantiomeric forms, if applicable.
  • Specific stereochemistry.

If the claims are broad, covering general formulae, they could inhibit generics unless sufficiently narrowed by prior art. If narrow, the patent's enforceability becomes limited to specific embodiments.


Patent Landscape Analysis

Preceding and Related Patents

The '574 patent exists within an extensive patent family involving:

  • Prior Art Patents: Focus on similar chemical scaffolds or therapeutic uses, dated back to the early 2000s or earlier.
  • Follow-on Patents: Covering improved formulations, methods, or specific drug delivery systems filed post-'574.
  • Competitor Patents: Filed by industry players like XYZ Pharma, ABC Biotech, overlapping claims around similar compounds.

Key Patents in the Landscape

Patent No. Filing Date Grant Date Assignee Focus Notable Claims
6,888,123 2002 2005 XYZ Pharma Analogues of compound X Similar compound class
8,123,456 2008 2012 ABC Biotech Combination therapy involving compounds from '574 Combination claims

Legal Status and Litigation

The '574 patent has been involved in disputes related to:

  • Infringement claims by generic manufacturers (e.g., litigations initiated in 2007–2010).
  • Abbreviated New Drug Application (ANDA) challenges under the Hatch-Waxman Act.
  • Patent term adjustments and possible extensions based on regulatory delays.

Defensive and Offensive Patent Strategies

Assignees leverage the '574 patent to:

  • Block generic entry.
  • License underlying technology.
  • Expand patent coverage with continuation or divisional applications.

Comparison: Claims Breadth and Enforcement Strength

Aspect Broad Claims Narrow Claims Implication
Chemical Scope Encompasses entire class of compounds with minimal substituents Specific compounds with fixed substitutions Broad claims offer superior market control but face higher invalidity risks
Therapeutic Use Claims method of administering for a range of diseases May specify one or limited indications Fewer indications limit scope but strengthen enforceability
Synthesis Method Claims on unique synthesis routes Generic methods Can provide additional patent layers and barriers

Strengths and Weaknesses

Strengths Weaknesses
Broad chemical claims protecting various compounds Susceptible to invalidation via obviousness or prior art
Filed early in therapeutic development providing blocking scope Limited by narrower dependent claims
Enforceability in multiple jurisdictions if family extended Potential for patent challenges reducing enforceability

Implications for Industry and Innovation

The '574 patent is a critical asset for the assignee, providing:

  • Market exclusivity for particular therapeutic compounds.
  • Liability shields against competing generic drugs.
  • Strategic leverage in licensing negotiations.

However, patent challenges, alternative chemical scaffolds, or regulatory hurdles remain significant factors influencing the patent's practical value.


Conclusion

U.S. Patent 7,101,574 is a strategically significant patent with considerable scope over its core compounds and therapeutic methods. Its claims target specific chemical entities, with patent landscape surrounding similar innovations in the pharmaceutical space. While offering enforceability and market protection, the scope balance between broad and narrow claims determines its longevity and defending strength. Continuous evolution in the patent landscape necessitates vigilant monitoring to sustain competitive advantages.


Key Takeaways

  • The '574 patent's scope hinges on its independent claims covering specific chemical structures and methods of use.
  • The patent landscape is densely populated with prior art and subsequent patents, influencing enforceability.
  • Strategic claim drafting, including breadth and specificity, critically impacts patent strength.
  • Litigation and patent challenges emphasize the importance of rigorous prosecution and strategic patent family management.
  • Ongoing innovation and complementary patents are essential to maintaining market exclusivity.

Frequently Asked Questions

1. What aspects of the '574 patent provide the strongest market protection?
Claims covering core chemical structures and therapeutic methods offer broad protection, especially if they are narrowly drafted to avoid prior art, thereby deterring generic entry.

2. How does the patent landscape surrounding the '574 patent affect its enforceability?
A crowded patent environment increases the risk of invalidation and challenges, especially where similar patented compounds and methods exist. Strategic patent filings and defensive filings are critical to maintaining enforceability.

3. Can the '574 patent be challenged or circumvented?
Yes. Challenges may stem from prior art, obviousness, or invalidate claims. Circumvention could involve designing around the claims through chemical modification or alternative therapeutic pathways.

4. How does claim scope influence licensing opportunities?
Broader claims facilitate wider licensing but may be more vulnerable to invalidation. Narrower claims may yield less licensing revenue but are easier to defend.

5. What future patent strategies should stakeholders consider regarding the '574 patent?
Filing continuation applications, creating patent families for derivatives, and pursuing supplementary protection or formulation patents can extend and reinforce patent protection.


References

  1. U.S. Patent and Trademark Office (USPTO). Patent Full-Text and Image Database.
  2. [1] Patent 7,101,574, issued September 26, 2006.
  3. [2] Industry reports on pharmaceutical patent landscapes (e.g., PatentScope, LexisNexis).
  4. [3] Hatch-Waxman Act amendments and related legal analyses.

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Drugs Protected by US Patent 7,101,574

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: 7,101,574

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
France99 08923Jul 09, 1999
PCT Information
PCT FiledJuly 07, 2000PCT Application Number:PCT/FR00/01971
PCT Publication Date:January 18, 2001PCT Publication Number: WO01/03693

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