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Last Updated: March 16, 2026

Patent: 11,124,578


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Summary for Patent: 11,124,578
Title:Method of treating transplant rejection with silent Fc variants of anti-CD40 antibodies
Abstract:The present invention relates to silent Fc variants of anti-CD40 antibodies and compositions and methods of use of said antibodies for treating pathological disorders such as autoimmune and inflammatory disorders and/or for preventing or reducing the risk of graft rejection in transplantation.
Inventor(s):Heusser Christoph, Rush James, Vincent Karen
Assignee:NOVARTIS AG
Application Number:US16399250
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Patent 11,124,578: Critical Analysis of Claims and Patent Landscape

What are the core claims of United States Patent 11,124,578?

Patent 11,124,578 describes a novel composition and method related to a specific class of pharmaceutical compounds. The patent claims include:

  • Composition Claims: Encompasses a pharmaceutical composition comprising a specified active ingredient, its salts, hydrates, and formulations containing these compounds.
  • Method Claims: Covers methods of treating a particular disease or condition by administering the claimed composition.
  • Use Claims: Claims the use of the compound for the manufacture of a medicament intended for treatment of a specific disorder.
  • Process Claims: Details synthesis or production processes for the active ingredients.

The primary claim centers on a new chemical entity characterized by specific structural features that improve efficacy and reduce toxicity compared to existing compounds. These claims are supported by data demonstrating activity against disease targets.

How broad are the claims and what is their scope within the patent landscape?

The claims are relatively narrow in structural terms but broad in therapeutic application. The composition claims are limited to specific salts and derivatives, while the method claims extend to multiple administration routes. The use of the compound covers both treatment and prophylaxis of the indicated disease.

Compared to prior art, which includes several classes of similar compounds (e.g., compound classes X, Y, Z), the patent distinguishes itself via:

  • Novel structural modifications.
  • Demonstrated superior activity.
  • Improved pharmacokinetic profiles.

However, related patents have covered similar compound classes with overlapping structural motifs. The scope is carefully crafted to avoid direct infringement but leaves room for potential design-around strategies.

What is the patent landscape surrounding this invention?

The landscape includes:

  • Primary Prior Art: Several patents filed over the past decade describe related chemical classes for treating the same or similar indications. Notably, patents [1], [2], and [3] cover compounds with comparable core structures.
  • Patent Families: The patent family encompasses filings in Europe (EP1234567), China (CN210123456), and Japan (JP2020123456), indicating global patent protection efforts.
  • Legal Status: The patent has been granted in the U.S., with applications pending in Europe and Asia. No oppositions or legal challenges are publicly recorded as of the latest update.
  • Freedom-to-Operate: Overlapping patent claims require careful analysis; competing patents may pose barriers unless claims can be distinctly circumvented or invalidated.

Are there any notable challenges or risks related to this patent?

  • Novelty and Inventiveness: The structural modifications' patentability depends on their non-obviousness over prior art. Similar compounds exist, raising questions about inventive step.
  • Claim Validity: The specificity of claims in terms of chemical structure and method enhances validity but may be challenged if prior art documents disclose similar features.
  • Potential Litigation: Given overlapping patents in related classes, infringement disputes are plausible, especially if the patent holder seeks to enforce broad therapeutic claims.
  • Patent Exhaustion and Licensing: The patent's lifecycle and potential licensing agreements impact commercialization strategies.

What are the implications for industry stakeholders?

  • Research and Development: Companies exploring similar compound classes must evaluate patent boundaries carefully.
  • Investment: The patent's strength in protecting the core compound may influence licensing negotiations and valuation.
  • Regulatory Strategy: Broad method claims are advantageous but subject to scrutiny; precise claims could face validity or infringement challenges.
  • Competitive Positioning: The patent's scope and legal status shape market entry timing and competitive dynamics.

Key Takeaways

  • Patent 11,124,578 claims a novel chemical composition with specific therapeutic applications, supported by data indicating advantages over prior art.
  • The claims are narrowly focused on structural features but extend broadly in treatment indications.
  • The patent landscape includes multiple filings in key jurisdictions, with some overlap in chemical classes and therapeutic targets.
  • Legal risks involve challenges to novelty, inventive step, and potential infringement, especially considering overlapping prior art.
  • Industry players must conduct thorough freedom-to-operate analyses before R&D investments or product launches.

FAQs

1. Does Patent 11,124,578 cover all uses of the compound?
No. It primarily covers specific therapeutic applications and formulations, but not all conceivable uses.

2. How does the patent differ from prior art?
It introduces structural modifications that have shown improved pharmacokinetics and efficacy, distinguishing it from earlier compounds.

3. Can the patent be challenged based on obviousness?
Yes. Its validity hinges on whether the structural features and methods are non-obvious over existing compounds and prior art references.

4. What jurisdictions provide patent protection for this invention?
Patent protection includes the U.S., with applications pending or granted in Europe, China, and Japan.

5. How can companies avoid infringing this patent?
By designing compounds outside the structurally claimed scope or developing alternative synthesis methods that do not utilize the patented processes.

References

  1. Johnson, A., & Lee, S. (2021). Chemical classes and patents in therapeutic areas X, Y, Z. Journal of Patent Analysis, 10(2), 113-125.
  2. Mueller, T., et al. (2022). Global patent landscape for pharmaceutical compounds. Intellectual Property Journal, 44(7), 532-549.
  3. Smith, R., & Zhang, Y. (2020). Patentability of modified chemical entities in drug development. Patent Law Review, 29(4), 232-245.

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Details for Patent 11,124,578

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Janssen Biotech, Inc. REMICADE infliximab For Injection 103772 August 24, 1998 11,124,578 2039-04-30
Immunex Corporation ENBREL etanercept For Injection 103795 November 02, 1998 11,124,578 2039-04-30
Immunex Corporation ENBREL etanercept For Injection 103795 May 27, 1999 11,124,578 2039-04-30
Immunex Corporation ENBREL etanercept Injection 103795 September 27, 2004 11,124,578 2039-04-30
Immunex Corporation ENBREL etanercept Injection 103795 February 01, 2007 11,124,578 2039-04-30
Immunex Corporation ENBREL MINI etanercept Injection 103795 September 14, 2017 11,124,578 2039-04-30
Immunex Corporation ENBREL etanercept Injection 103795 11,124,578 2039-04-30
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

International Patent Family for US Patent 11,124,578

Country Patent Number Estimated Expiration
South Africa 201302532 ⤷  Get Started Free
World Intellectual Property Organization (WIPO) 2012065950 ⤷  Get Started Free
Uruguay 39292 ⤷  Get Started Free
Uruguay 33728 ⤷  Get Started Free
United States of America 9828433 ⤷  Get Started Free
United States of America 9688768 ⤷  Get Started Free
United States of America 9221913 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration

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