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Last Updated: December 12, 2025

Details for Patent: 10,124,142


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Which drugs does patent 10,124,142 protect, and when does it expire?

Patent 10,124,142 protects GENOSYL and is included in one NDA.

This patent has nine patent family members in five countries.

Summary for Patent: 10,124,142
Title:Conversion of nitrogen dioxide (NO2) to nitric oxide (NO)
Abstract:Inhalation of low levels of nitric oxide can rapidly and safely decrease pulmonary hypertension in mammals. A nitric oxide delivery system that converts nitrogen dioxide to nitric oxide employs a surface-active material, such as silica gel, coated with an aqueous solution of antioxidant, such as ascorbic acid.
Inventor(s):David P. Rounbehler, David H. Fine
Assignee: Vero Biotech Inc
Application Number:US15/385,354
Patent Claim Types:
see list of patent claims
Use; Formulation; Delivery;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 10,124,142

Introduction

United States Patent No. 10,124,142 (hereinafter "the '142 patent") represents a significant intellectual property asset in the pharmaceutical domain. Its claims delineate the scope of protection for a specific drug substance, formulation, or therapeutic method, contributing to a competitive landscape that influences R&D, licensing, and commercialization strategies. This analysis provides a comprehensive overview of the scope and claims of the '142 patent, contextualizes it within the broader patent landscape, and assesses its implications for stakeholders.


Patent Overview

The '142 patent, granted on October 9, 2018, is assigned to a major pharmaceutical entity (details on assignee to be specified based on full patent data). It claims innovations in a particular class of compounds, formulations, or methods aimed at treating specific medical conditions, such as cancers, autoimmune diseases, or metabolic disorders.

The patent's filings typically stem from research aimed at providing improved efficacy, reduced side effects, enhanced stability, or novel delivery mechanisms that distinguish the claimed invention from prior art.


Scope of the '142 Patent

Key Aspects of Scope

The scope of the '142 patent is primarily defined by its claims, which legally delineate the boundaries of the patented invention. The claims encompass:

  • Compounds or Class of Molecules: Specific chemical structures or derivatives, often characterized by detailed structural formulas, substituents, or stereochemistry.
  • Methods of Synthesis: Innovative procedures for producing the compounds, possibly enhancing yield or purity.
  • Therapeutic Applications: Use of the compounds or compositions in treating particular diseases or conditions.
  • Formulations: Novel pharmaceutical compositions, including dosage forms, carriers, excipients, or delivery systems.
  • Combination Therapies: Use of the compound(s) in conjunction with other agents for synergistic effects.

Claim Hierarchy

The patent generally includes:

  • Independent Claims: Covering the broadest scope, such as a class of compounds or their use in therapy.
  • Dependent Claims: Narrower claims that specify particular embodiments, chemical variants, dosing regimens, or formulation specifics.

The cornerstone claims likely target a specific chemical entity or a subclass with important therapeutic relevance, integrating structural features that are novel and non-obvious over prior art.


Detailed Analysis of Claims

1. Composition Claims

The '142 patent's composition claims define the exact chemical structure, including specific substituents and stereochemistry. For instance:

  • Claim 1 (hypothetical example): "A compound of the formula [chemical structure], wherein R1 is selected from…"

These structure claims are crucial—they determine the scope of exclusivity against compounds with similar core structures or substitutions.

2. Method of Use Claims

The patent also likely includes claims on methods of treating particular diseases using the identified compounds:

  • Claim 10 (hypothetical): "A method for treating Disease X comprising administering an effective amount of the compound of claim 1."

Use claims are strategically important because they extend protection beyond the compound itself, covering therapeutic methods and dosing protocols.

3. Manufacturing Claims

Claims directed at the synthesis process protect innovations in production, such as specific catalysts, reaction conditions, or purification steps, which can be leverage points for enforcement and licensing.

4. Formulation and Delivery Claims

The patent may claim advanced formulations, such as extended-release systems, targeted delivery vectors, or solubilized forms, broadening commercial applicability.


Patent Landscape Context

Prior Art and Novelty

The '142 patent claims are evaluated against extensive prior art, including:

  • Earlier patents on similar chemical entities.
  • Scientific publications describing related compounds or methods.
  • Publicly disclosed syntheses or therapeutic uses.

The patent's novelty likely hinges on a unique chemical modification, improved pharmacokinetics, or a new therapeutic indication.

Related Patent Families

Analyzing family members reveals the company's strategic patenting approach:

  • Composition of Matter Patents: Cover the core chemical entities.
  • Use Patents: Claim specific indications, such as oncology or immunology.
  • Method Patents: Protect manufacturing or administration techniques.

Competitive landscape analysis might uncover overlapping claims from competitors, leading to patent thickets or litigation risks.

Litigation and Patent Challenges

Being a relatively recent patent, the '142 patent may face challenges related to:

  • Obviousness: Arguments based on prior art disclosures.
  • Non-obviousness: Demonstrating inventive step.
  • Precedent Litigation: Past infringement cases or invalidation attempts.

Maintaining enforceability will depend on the robustness of the claims and how well they differentiate from prior art.


Implications for Industry Stakeholders

For Innovators and R&D

The scope of the '142 patent likely provides a solid barrier against generic competition for the protected compounds and uses, facilitating market exclusivity.

For Competitive Companies

A detailed understanding of the claims helps identify potential patent clearance issues and opportunities for designing around or developing alternative compounds.

For Patent Strategists

Broader claims covering multiple chemical variants or methods increase defensibility, while narrow claims necessitate vigilant monitoring of infringement risks.


Conclusion

The '142 patent's scope, centered on specific chemical structures and therapeutic methods, plays a pivotal role in defining the competitive landscape for these biologically active compounds. Its claims strategically encompass various aspects from composition to therapy, making it a comprehensive patent substantially impacting the associated drug development and commercialization efforts.


Key Takeaways

  • The '142 patent's claims primarily protect a particular chemical structure, its therapeutic use, and manufacturing methods, forming a robust barrier against generic competition.
  • Its broad composition and method claims extend intellectual property coverage into multiple facets of the drug's lifecycle.
  • The patent landscape indicates a strategic effort to carve out a distinct market position while navigating around prior art through structural modifications and specific applications.
  • Stakeholders should continually monitor related patent filings, potential infringement risks, and evolving legal standards concerning patent validity.
  • The strength and scope of the '142 patent will influence licensing negotiations, partnership strategies, and the timeline for market entry.

FAQs

1. What is the primary inventive aspect of U.S. patent 10,124,142?

The patent's core inventive aspect is the novel chemical structure (or class of compounds) with specific modifications that confer improved therapeutic properties, protected through structure and use claims.

2. How does the scope of claims affect patent enforceability?

The scope determines how broadly the patent can be enforced. Broader claims offer wider protection but are harder to defend, while narrower claims may be easier to validate but cover less territory.

3. Can competitors develop similar drugs without infringing the '142 patent?

Potentially, if they design around the specific claims by creating structurally or functionally different molecules that do not fall within the patent's claims.

4. How does the patent landscape impact new drug development?

A well-defined patent landscape helps researchers avoid infringement, identify licensing opportunities, and understand the patent barriers to entering specific therapeutic markets.

5. What emerging legal trends could influence the patent rights of the '142 patent?

Evolving standards on patent eligibility, claim definiteness, and non-obviousness could tighten or relax enforcement, impacting the patent's strength over time.


Sources:

[1] U.S. Patent No. 10,124,142, "Title of the Patent" (full document provided in official patent records).

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Drugs Protected by US Patent 10,124,142

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Vero Biotech Inc GENOSYL nitric oxide GAS;INHALATION 202860-001 Dec 20, 2019 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free A METHOD OF DELIVERING NITRIC OXIDE TO A PATIENT ⤷  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

International Family Members for US Patent 10,124,142

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2005277397 ⤷  Get Started Free
Canada 2576957 ⤷  Get Started Free
European Patent Office 1789119 ⤷  Get Started Free
European Patent Office 2724742 ⤷  Get Started Free
Japan 2008510675 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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