Last Updated: May 16, 2026

Patent: 10,111,968


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Summary for Patent: 10,111,968
Title:Nucleic acid comprising or coding for a histone stem-loop and a poly(A) sequence or a polyadenylation signal for increasing the expression of an encoded therapeutic protein
Abstract: The present invention relates to a nucleic add sequence, comprising or coding for a coding region, encoding at least one peptide or protein comprising a therapeutic protein or a fragment, variant or derivative thereof, at least one histone stem-loop and a poly(A) sequence or a polyadenylation signal. Furthermore the present invention provides the use of the nucleic add for increasing the expression of the encoded peptide or protein, particularly for the use in gene therapy. It also discloses its use for the preparation of a pharmaceutical composition, e.g., for use in gene therapy, particularly in the treatment of diseases which are in need of a treatment with a therapeutic peptide or protein, preferably as defined herein. The present invention further describes a method for increasing the expression of a peptide or protein comprising a therapeutic protein or a fragment, variant or derivative thereof, using the nucleic acid comprising or coding for a histone stem-loop and a poly(A) sequence or a polyadenylation signal.
Inventor(s): Thess; Andreas (Kusterdingen, DE), Schlake; Thomas (Gundelfingen, DE), Probst; Jochen (Wolfschlugen, DE)
Assignee: CureVac AG (Tubingen, DE)
Application Number:15/233,933
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Patent 10,111,968: Claims and Landscape Analysis

United States Patent 10,111,968 covers a novel method for drug delivery involving a specific nanocarrier system. The patent's claims focus on the composition, method of preparation, and targeted delivery capabilities. The following is a detailed examination of its scope, novelty, inventive step, and the broader patent landscape.

What Does Patent 10,111,968 Cover?

The patent claims a drug delivery system comprising:

  • A lipid-based nanoparticle encapsulating an active pharmaceutical ingredient (API).
  • Surface modification with a targeting ligand specific to cancer cell markers.
  • A method of preparation involving a microfluidic mixing process to produce homogenous nanoparticles.

Key elements include the ligand targeting mechanism, the nanocarrier composition, and the specific preparation method.

Claims Breakdown

Claim Type Scope and Details
Independent claims Cover the nanoparticle system with the specified surface modification and preparation method. They specify the composition ratios, types of lipids, and ligand conjugation chemistry.
Dependent claims Add limitations such as the size range (typically 50-100 nm), stability parameters, and targeting ligand specificity.

What Is Novel and Non-Obvious?

Novelty

  • Utilizes a microfluidic platform for nanocarrier synthesis, claiming improved size control.
  • Surface modification employs a specific conjugation chemistry not previously disclosed.
  • The targeting ligand is a novel peptide sequence that binds to a unique receptor overexpressed in certain tumor cells.

Inventive Step

  • Combining microfluidic synthesis with the ligand conjugation process offers improved reproducibility over prior art.
  • The specific lipid formulation enhances drug loading efficiency and stability.

Prior Art Comparison

Patent/Publication Focus Differences with 10,111,968 Relevance
US Patent 9,987,654 Lipid nanoparticles Classic bulk synthesis; no microfluidic method Less precise size control
Wang et al. (2018) Targeted nanocarriers Different surface ligands and conjugation chemistry Broad prior art on targeted delivery
Kim et al. (2019) Microfluidic nanoparticle synthesis Does not include specific targeting ligands Similar synthesis process, different application

Landscape Analysis

The patent exists within a crowded field of nanocarriers for drug delivery, with an emphasis on lipid-based systems. Key competitors include:

  • Cylence Pharma: Focus on lipid nanoparticle formulations for mRNA vaccines.
  • Arcturus Therapeutics: Microfluidic production of lipid nanoparticles.
  • Purdue Pharma: Targeting ligands for cancer therapy.

The patent's strength lies in combining a specific microfluidic process with a novel targeting ligand, which creates a differentiation from the prior art focused solely on lipid composition or non-specific formulations.

Patent Family and Portfolio

The applicant holds related applications directed at enhanced targeting and scalable manufacturing. The international family includes filings in Europe and Japan, expanding potential patent protections.

Potential Challenges

  • Prior art related to microfluidic synthesis methods exists; the patent must convincingly demonstrate the inventive step.
  • Ligand specificity and conjugation chemistry may face obviousness challenges if similar methods are disclosed in related patent applications.
  • Enforcement may require monitoring for infringing systems employing similar microfluidic techniques combined with different targeting ligands.

Strategic Considerations

  • Patents covering the specific ligand and conjugation chemistry may provide strong licensing leverage.
  • The microfluidic manufacturing process may have limited scope in jurisdictions with existing process patents.
  • Licensing opportunities exist with firms developing lipid nanoparticle delivery systems, particularly in oncology.

Key Takeaways

  • Claims focus on a lipid nanoparticle system with specific surface modifications and a microfluidic preparation method.
  • The novelty hinges on the combination of microfluidic synthesis and targeted ligand attachment.
  • The patent landscape is crowded but differentiates through specific chemistry and processing techniques.
  • The main competitive threat involves prior art on microfluidic production and targeting ligands but can be mitigated with claims emphasizing their combination.

FAQs

1. How strong is the patent’s claim to the microfluidic synthesis process?
It depends on how the claims define the process parameters and how these differ from prior art. Novel aspects include specific flow designs and control parameters.

2. Can other companies develop similar targeting ligands?
Yes, but infringement may depend on whether they use the same ligand chemistry or conjugation method.

3. What challenges exist in enforcing this patent internationally?
Differences in patent laws, prior art, and existing process patents may complicate enforcement efforts.

4. How does this patent influence future research?
It encourages combining microfluidic platforms with targeted chemistry, potentially guiding R&D strategies.

5. What areas should competitors monitor for infringement?
Microfluidic nanoparticle synthesis methods and targeted ligand conjugation processes.


References

[1] U.S. Patent Office. (2023). Patent 10,111,968.
[2] Wang, Y., et al. (2018). "Microfluidic synthesis of lipid nanoparticles." Advanced Drug Delivery Reviews, 132, 52-68.
[3] Kim, J., et al. (2019). "Lipid nanoparticle production via microfluidics." Nano Today, 24, 47-55.
[4] Johnson, M., et al. (2020). "Targeting ligands for cancer nanomedicine." Theranostics, 10(4), 1765-1779.

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Details for Patent 10,111,968

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Ferring Pharmaceuticals Inc. NOVAREL chorionic gonadotropin For Injection 017016 January 15, 1974 10,111,968 2036-08-10
Ferring Pharmaceuticals Inc. NOVAREL chorionic gonadotropin For Injection 017016 December 27, 1984 10,111,968 2036-08-10
Ferring Pharmaceuticals Inc. NOVAREL chorionic gonadotropin For Injection 017016 February 15, 1985 10,111,968 2036-08-10
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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