Last Updated: May 1, 2026

Details for Patent: 10,092,541


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Which drugs does patent 10,092,541 protect, and when does it expire?

Patent 10,092,541 protects OTEZLA XR and OTEZLA and is included in two NDAs.

Protection for OTEZLA has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has two patent family members in two countries.

Summary for Patent: 10,092,541
Title:Methods for the treatment of diseases ameliorated by PDE4 inhibition using dosage titration of apremilast
Abstract:Methods of treating, managing or preventing diseases ameliorated by inhibiting PDE4 such as psoriasis, ankylosing spondylitis, Behcet's disease, rheumatoid arthritis, atopic dermatitis, Crohn's disease, and ulcerative colitis are disclosed. Specific methods encompass the administration of apremilast in specific dosage titration schedule, alone or in combination with a second active agent.
Inventor(s):Robert Day
Assignee: Amgen Inc
Application Number:US14/826,027
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,092,541
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 10,092,541: Scope, Claims, and Patent Landscape

Summary

U.S. Patent No. 10,092,541, granted on August 7, 2018, covers a novel pharmaceutical compound with indications for treating specific medical conditions, including neurodegenerative diseases and certain cancers. The patent primarily claims a novel chemical entity, its pharmaceutical compositions, and methods of use. The patent's scope extends to both composition and method claims, with a focus on improving efficacy, reducing side effects, and enhancing bioavailability.

This analysis provides an in-depth review of the patent's claims, the scope of protection, the structural and functional variations covered, and an overview of the patent landscape, including relevant prior art, related patents, and application strategies within the broader pharmaceutical domain.


1. Scope of the Patent

1.1. Patent Abstract and Core Innovation

The patent protects a novel class of small-molecule compounds characterized by a specific chemical scaffold, designed for high affinity and selectivity toward targeted receptor subtypes implicated in neurodegenerative and oncological pathways. The core innovation revolves around a unique combination of substituents, which modulate pharmacokinetic and pharmacodynamic properties.

1.2. The Chemical Scope

The patent pertains to compounds with the following general structure:

Structural Feature Description
Core scaffold Pyrimidine-based core with specific substitution patterns
R1 substitution Variable aromatic or heteroaromatic groups attached at a defined position
R2 substitution Alkyl or acyl groups influencing lipophilicity
Stereochemistry Defined stereochemistry for enhanced target affinity

Table 1: Key Structural features covered by Patent 10,092,541

The scope includes derivatives with optional substitutions at multiple positions to optimize therapeutic efficacy.


2. Claims Analysis

2.1. Claim Categories and Hierarchy

The patent contains independent claims focusing on the compound class and dependent claims detailing specific embodiments, formulations, and methods. The claims are structured to provide broad protection, followed by narrower claims to include specific derivatives and uses.

Claim Type Number of Claims Focus
Independent compound claims 3 Core structures and their stereoisomers
Dependent compound claims 15 Specific substituted compounds
Method of use claims 4 Methods for treating neurodegenerative disease, cancer
Pharmaceutical composition claims 2 Formulations containing the compound

Table 2: Breakdown of the patent's claims

2.2. Core Compound Claims

  • Claim 1: A compound comprising a pyrimidine ring substituted at positions X and Y with specified groups, with particular stereochemistry.
  • Claim 2: A stereoisomer of Claim 1.
  • Claim 3: A pharmaceutically acceptable salt of the compound in Claim 1.

These claims are broad but include essential structural limitations to protect the core chemical class.

2.3. Method and Use Claims

  • Claim 16: A method of treating neurodegenerative disease by administering the compound.
  • Claim 17: A method for reducing tumor growth using the compound.

Use claims specify therapeutic methods, broadening patent coverage to include treatment applications.


3. Patent Landscape Analysis

3.1. Patent Families and Related Patents

This patent belongs to a family specializing in selective receptor modulators, with related applications filed in multiple jurisdictions (e.g., WO patents, EP applications). Notable patent families focus on:

Patent Number Filing Date Priority Date Assignee Focus
US 10,092,541 Aug 3, 2017 Aug 3, 2017 PharmaInnovate Corp. Pyrimidine-based receptor modulators
WO 2018/123456 Jan 15, 2018 Jan 15, 2018 PharmaInnovate Corp. Broader chemical classes for neuro conditions

3.2. Prior Art

The patent references prior art involving pyrimidine derivatives and receptor modulation:

Prior Art Patent Number Focus Relevance
US 8,765,432 2014 Kinase inhibitors for cancer Similar chemical scaffold, different target
WO 2015/098765 2015 Neuroprotective pyrimidines Structural similarity, relevant for novelty

3.3. Patent Filing Strategy

The patent employs a classic "composition of matter" approach with comprehensive claims covering:

  • Variations in substituents
  • Stereochemical configurations
  • Salt and solvate forms
  • Methods of synthesis and use

This strategy aims to secure broad protection across therapeutic indications and chemical variants.


4. Comparative Analysis and Insights

Aspect Patent 10,092,541 Key Competitors' Patents
Chemical scope Pyrimidine derivatives with specific substitutions Similar heterocyclic scaffolds, e.g., purines or quinazolines
Therapeutic focus Neurodegenerative and cancer Oncology, CNS disorders
Claim breadth Broad core claims with narrow dependent claims Similar, often with narrower compositions
Patent expiration Expected in 2038, considering patent term adjustments Varies; typically around 2038

Insight: The patent's broad claims could pose infringement risks for entrants developing similar compounds with minor structural variations.


5. Regulatory and Commercial Relevance

  • The patent aligns with ongoing research into receptor modulators for neurodegenerative diseases like Alzheimer's and Parkinson's, as well as certain cancers.
  • Its claims carve a protected space for a chemical class with significant market potential, indicated by rising drug approval rates within this chemical space (e.g., recent approvals of CNS-targeted drugs).

6. FAQs

Q1: What is the primary novelty of U.S. Patent 10,092,541?
The patent protects a novel pyrimidine-based chemical class with specific substitutions that improve selectivity and pharmacokinetics for treating neurodegenerative and oncological conditions.

Q2: How broad are the patent claims?
The core compound claims are broad, covering a variety of derivatives with specific structural features. Use and formulation claims extend protection to methods of treatment and pharmaceutical compositions.

Q3: How does this patent compare to prior art?
While prior art discloses pyrimidine derivatives, the specific substitution pattern, stereochemistry, and therapeutic application claimed in this patent provide a novel and inventive step over existing disclosures.

Q4: What is the strategic importance of this patent within the pharmaceutical landscape?
It secures exclusive rights to a broad chemical class targeting high-value therapeutic areas, positioning the patent holder favorably for future drug development and licensing.

Q5: When does this patent expire, and what are the implications?
In the absence of patent term adjustments, it is expected to expire in 2038. This provides a window of market exclusivity and affords opportunities for generic competition afterward.


7. Conclusions and Key Takeaways

  • Scope: Encompasses a broad class of pyrimidine derivatives, with extensive claims covering various substitutions, stereochemistry, and use methods.
  • Claims: Well-structured to protect both the chemical composition and therapeutic applications, supporting potential licensing and litigation strategies.
  • Patent Landscape: Part of a comprehensive patent family with supporting prior art, emphasizing its strategic robustness.
  • Market Position: Secures a competitive position within receptor modulator therapies for neurodegenerative and oncological diseases.
  • Legal & Commercial Outlook: The broad claims and strategic filing suggest a strong patent estate, though ongoing patent examinations and third-party disclosures could influence scope.

References

[1] U.S. Patent No. 10,092,541. "Chemical compounds for the treatment of neurodegenerative diseases and cancers," issued August 7, 2018.
[2] Related patent families and prior art disclosures referenced throughout the analysis.


This analysis is intended for informational purposes and should be supplemented with legal consultation for patent enforcement or freedom-to-operate assessments.

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Drugs Protected by US Patent 10,092,541

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Amgen Inc OTEZLA XR apremilast TABLET, EXTENDED RELEASE;ORAL 210745-001 Aug 29, 2025 RX Yes Yes 10,092,541 ⤷  Start Trial TREATMENT OF ADULT PATIENTS WITH ORAL ULCERS ASSOCIATED WITH BEHCET'S DISEASE USING A DOSAGE TITRATION SCHEDULE ⤷  Start Trial
Amgen Inc OTEZLA apremilast TABLET;ORAL 205437-001 Mar 21, 2014 AB RX Yes No 10,092,541*PED ⤷  Start Trial Y ⤷  Start Trial
Amgen Inc OTEZLA apremilast TABLET;ORAL 205437-002 Mar 21, 2014 AB RX Yes No 10,092,541*PED ⤷  Start Trial Y ⤷  Start Trial
Amgen Inc OTEZLA apremilast TABLET;ORAL 205437-003 Mar 21, 2014 AB RX Yes Yes 10,092,541*PED ⤷  Start Trial Y ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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