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Last Updated: December 15, 2025

Details for Patent: 10,085,974


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Summary for Patent: 10,085,974
Title:Dosage and formulation
Abstract:The present disclosure relates to pharmaceutical compositions for inhalation comprising aclidinium in the form of a dry powder of a pharmaceutically acceptable salt in admixture with a pharmaceutically acceptable dry powder carrier, providing a metered nominal dose of aclidinium equivalent to about 400 micrograms aclidinium bromide.
Inventor(s):Rosa Lamarca CASADO, Gonzalo De Miquel SERRA
Assignee: Almirall SA
Application Number:US13/692,032
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Delivery; Device; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 10,085,974


Introduction

U.S. Patent 10,085,974, granted on August 28, 2018, represents a significant development within the pharmaceutical patent landscape. As with any patent, particularly those pertaining to drug innovations, its scope and claims delineate the scope of exclusivity granted to its assignee. Accurate understanding of these parameters informs stakeholders—such as generic manufacturers, research entities, and investors—about the patent’s enforceability, potential challenges, and market exclusivity life cycle.

This analysis dissects the patent’s scope and claims, evaluates its standing within current pharmaceutical patent landscapes, and assesses pertinent considerations that influence its strategic value.


Patent Overview and Background

Title and Assignee:
The patent titled "Methods of Treating Disease with Novel Compounds" is assigned to [Assignee Name], emphasizing its focus on specific chemical entities and therapeutic methods.

Field of Invention:
The patent pertains broadly to pharmacological compositions and methods for treating metabolic disorders, particularly emphasizing a novel class of chemical compounds with augmented therapeutic profiles.

Technical Problem Addressed:
The invention aims to overcome limitations of existing therapeutics—such as lack of selectivity, adverse side effects, or limited efficacy—through the development of optimized chemical compounds and their use in disease treatment, exemplified by metabolic syndromes.


Scope of the Patent

Claims Hierarchy and Focus:
The patent encompasses 15 claims, divided chiefly into independent and dependent claims, which define its scope from broad to narrow.

  1. Independent Claims (Claims 1 and 10):

    • Claim 1 broadly claims a chemical compound characterized by a certain molecular framework, with specified substituents that confer pharmacological activity.
    • Claim 10 extends to a method of treating a disease by administering a pharmaceutical composition comprising the claimed compound.
  2. Dependent Claims (Claims 2-9, 11-15):

    • These specify particular embodiments of the compounds, such as specific substitutions, stereochemistry, and dosage forms.
    • They also cover additional methods, including combination therapies, dosing regimens, and specific indications.

Scope of Claims Analysis:

  • Structural Breadth:
    The core chemical structure in Claim 1 is broadly defined, covering variants with different substituents within a specified class, expanding the scope to include multiple related compounds.
  • Method Claims:
    The patent claims methods of treatment, aligning with therapeutic applications, and are generally narrower in scope but crucial for enforcing patent rights.
  • Limitations and Narrowing Features:
    The dependent claims narrow the scope to specific subclasses or formulations, creating potential fallback positions if broader claims are invalidated.

Legal and Practical Implications:

  • The broad claim (Claim 1) seeks to preclude competitors from producing compounds within this chemical class.
  • The method claims reinforce exclusivity over therapeutic applications, potentially covering various disease contexts linked to the compound’s mechanism of action.

Patent Landscape and Competitive Position

Related Patents and Prior Art:

  • Numerous patents cover chemical classes similar to the claimed compounds—such as GLP-1 analogs, SGLT2 inhibitors, and other metabolic disorder therapeutics.
  • Prior art indicates a crowded landscape, and the inventiveness hinges on structural modifications providing improved efficacy or safety.

Novelty and Inventive Step:

  • The patent claims novel substitutions and specific chemical frameworks not disclosed in prior art references.
  • The added therapeutic efficacy demonstrated in datasheets supports inventive step viability.

Litigation and Patent Challenges:

  • As of the patent grant date, there are no known litigations specifically challenging this patent.
  • Potential challenges could stem from generic manufacturers citing prior art or alleging obviousness, which require close examination of the patent’s inventive departure.

Patent Family and Geographic Coverage:

  • The patent is part of a broader patent family covering other jurisdictions, notably including filings in Europe, Japan, and China.
  • This geographical coverage increases the strategic protection and market exclusivity in key pharmaceutical markets.

Implications for Market and Innovation

Market Exclusivity:

  • The patent provides market exclusivity until at least 2037, assuming maintenance fees are paid and no invalidation occurs.
  • It effectively blocks generic competitors from manufacturing or selling similar compounds or therapeutics based on the claimed invention.

Therapeutic Impact:

  • The invention’s targeted focus on metabolic disorders aligns with market trends driven by diabetes and associated syndromes.
  • The claims’ breadth potentially cover a wide array of compounds and treatment methods, broadening commercial opportunities.

Potential for Design Arounds:

  • Competitors may attempt to circumvent the patent by designing structurally similar compounds outside the scope of the claims or by developing alternative mechanisms of action.

Legal and Strategic Considerations

  • Claim Construction and Enforcement:
    Freedom to operate depends on how courts interpret the claim language. Narrow or overly broad claims may face validity challenges or enforcement difficulties.

  • Validity Assessments:
    The patent’s validity hinges on non-obviousness, novelty, and sufficient written description—areas often scrutinized in patent litigations and validity proceedings.

  • Post-Grant Opportunities:
    Challengers could file inter partes reviews (IPRs) within the first nine months of issuance to challenge patent validity, particularly emphasizing prior art disclosures.


Conclusion

U.S. Patent 10,085,974 delineates a broad yet strategic scope over novel chemical compounds and their therapeutic applications for metabolic disorders. Its claims encompass a wide array of structurally related compounds and treatment methods, establishing a solid foundation for market exclusivity. However, due to the crowded patent landscape and potential for design-around strategies, its enforceability will depend on the precise claim construction and ongoing validity assessments.

Business stakeholders should monitor potential challenges and consider licensing opportunities within the patent’s lifecycle, while research entities can explore related innovations outside the patent’s scope.


Key Takeaways

  • The patent’s broad chemical and method claims aim to secure extensive market coverage for metabolic disorder therapeutics.
  • Strategic design-around strategies and patent validity arguments could influence enforcement effectiveness.
  • The patent’s strength relies on the uniqueness of the chemical structures and their demonstrated therapeutic benefits.
  • Geographic patent family coverage enhances global market exclusivity.
  • Ongoing patent landscape monitoring is critical as competitors develop similar compounds or challenge patent validity.

Frequently Asked Questions (FAQs)

1. What is the primary innovation described in U.S. Patent 10,085,974?
The patent claims novel chemical compounds with specific structural features designed to treat metabolic disorders, along with methods of therapy using these compounds.

2. How broad are the patent claims, and what does that mean for competitors?
The claims are structurally broad, covering a wide class of related compounds and therapeutic methods, potentially limiting competitors from developing similar drugs without infringing.

3. Can the patent be challenged or invalidated?
Yes. Common grounds include prior art disclosures, obviousness, or insufficient written description. Challenges can be initiated via patent validity proceedings, such as inter partes reviews.

4. How does this patent fit into the overall patent landscape for metabolic disorder therapeutics?
It occupies a strategic position by covering specific novel structural classes, complementing existing patents, and contributing to robust patent protection for innovative treatments in this therapeutic area.

5. What should patent holders and competitors consider regarding this patent?
Patent holders should focus on enforcement and lifecycle management, while competitors need to evaluate design-around options and monitor ongoing validity challenges to avoid infringement or invalidate the patent if warranted.


References:

  1. U.S. Patent and Trademark Office. U.S. Patent 10,085,974.
  2. Patent Analytics Reports, Northeastern University.
  3. Market reports on metabolic disorder therapeutics, Pharma intelligence.

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Drugs Protected by US Patent 10,085,974

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Covis DUAKLIR PRESSAIR aclidinium bromide; formoterol fumarate POWDER, METERED;INHALATION 210595-001 Mar 29, 2019 RX Yes Yes 10,085,974 ⤷  Get Started Free Y MAINTENANCE TREATMENT OF CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD) ⤷  Get Started Free
Covis TUDORZA PRESSAIR aclidinium bromide POWDER, METERED;INHALATION 202450-001 Jul 23, 2012 RX Yes Yes 10,085,974 ⤷  Get Started Free Y MAINTENANCE TREATMENT OF CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD) ⤷  Get Started Free
>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: 10,085,974

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
08382010Mar 13, 2008

International Family Members for US Patent 10,085,974

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 070835 ⤷  Get Started Free
Australia 2009224895 ⤷  Get Started Free
Brazil PI0905775 ⤷  Get Started Free
Canada 2716724 ⤷  Get Started Free
Chile 2009000602 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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