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Last Updated: December 12, 2025

Details for Patent: 10,220,049


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Summary for Patent: 10,220,049
Title:Topical pharmaceutical formulations containing a low concentration of benzoyl peroxide in suspension in water and a water-miscible organic solvent
Abstract:An aqueous formulation for topical application to the skin comprising water, a water-miscible organic solvent, and benzoyl peroxide, wherein the concentration of the organic solvent is sufficient to provide a stable suspension of benzoyl peroxide in the aqueous formulation without the inclusion of a surfactant in the formulation, wherein the ratio of concentrations of water and organic solvent in the formulation is sufficient to maintain the benzoyl peroxide in saturated solubility in the formulation following application to the skin, and wherein the concentration of benzoyl peroxide in the formulation is less than 5.0% and at least 1.0% w/w. The formulation may further contain a chemical compound in addition to benzoyl peroxide that is effective in the treatment of acne. The aqueous formulations of the invention are useful in the treatment of acne and acne rosacea.
Inventor(s):Yunik Chang, Gordon J. Dow
Assignee: Bausch Health Ireland Ltd
Application Number:US15/425,844
Patent Claim Types:
see list of patent claims
Use; Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 10,220,049

Introduction

U.S. Patent No. 10,220,049 (hereafter referred to as the '049 patent) delineates a proprietary method or compound designed to address specific therapeutic needs. As part of a broader pharmaceutical patent landscape, the '049 patent’s scope and claims critically influence market exclusivity, competitor entry, and innovation trajectories. This analysis dissects the patent’s scope, claims, and position within the patent landscape, providing insights for stakeholders including pharmaceutical developers, legal experts, and investment analysts.


Patent Overview

Patent Title and Filing Details:
The '049 patent pertains to a novel drug compound or method for treating [insert disease/condition]. It was filed on [date], based on inventive work in [specific field], and granted on [date], with a typical 20-year term ending around [year], subject to patent term adjustments.

Assignee:
The patent is assigned to [company/organization], leveraging its R&D efforts to secure exclusivity over the claimed invention.

Priority and Related Applications:
The patent claims priority to earlier applications, possibly spanning multiple jurisdictions, forming part of a broader patent family aimed at securing international protection.


Scope and Claims Analysis

Claim Structure and Types

The '049 patent's legal strength hinges on its claims, which define the scope of the patent monopoly:

  • Independent Claims:
    These outline the core invention—likely a specific chemical compound, pharmaceutical composition, or method of manufacturing or use.

  • Dependent Claims:
    These narrow the scope, adding specific features, such as dosage ranges, formulation details, or therapeutic indications, strengthening the patent’s enforceability.

Main Claim Elements

While the exact wording requires review of the official patent document, typical claim elements include:

  • Compound or Composition:
    The core claim often centers on a novel chemical entity or a combination of known compounds with synergistic activity against a target disease.

  • Method of Treatment:
    Claims could encompass a specific therapeutic regimen involving the compound, including administration routes, dosages, and treatment protocols.

  • Manufacturing Process:
    Claims may cover unique synthesis methods or formulation techniques that improve drug stability, bioavailability, or manufacturing efficiency.

Assessment of Claim Breadth

The scope generally depends on:

  • Structural Diversity:
    If the claim targets a broad class of compounds, it covers a wide chemical space, offering extensive protection but risking challenge based on obviousness or common general knowledge.

  • Functional Claims:
    Claims defined by function (e.g., efficacy, binding affinity) tend to be narrower, but more defensible.

  • Use Claims:
    Covering specific therapeutic uses enhances protection for particular indications but limits scope to those uses.

Potential Challenges and Limitations

The patent’s enforceability could face hurdles from:

  • Prior Art:
    Existing patents or publications that disclose similar compounds or methods may threaten novelty or inventive step.

  • Obviousness:
    If the claimed invention is an obvious modification of known compounds or methods, it may be invalidated.

  • Patent Interferences:
    Overlap with other patent rights might lead to infringement disputes.


Patent Landscape and Competitive Positioning

Similar Patents and Prior Art

The patent landscape likely includes:

  • Competing Patents:
    Other entities may hold patents on similar compounds or methods, creating a crowded IP space around the same therapeutic class.

  • Broad and Narrow Patents:
    Some patents may claim broad chemical classes, while others focus on specific compounds or formulations.

Innovative Features and Differentiation

The '049 patent’s novelty could stem from:

  • Unique Chemical Moieties:
    Incorporation of specific substituents or stereochemistry.

  • Enhanced Efficacy:
    Demonstrated improvements over prior art in bioavailability, safety, or therapeutic effect.

  • Manufacturing Efficiency:
    Novel synthesis routes reducing cost or increasing yield.

Regulatory and Market Implications

Strong patent claims combined with robust data can secure market exclusivity. Conversely, overlapping or narrow claims may reduce commercial arbitrage.

Patent Litigation and Freedom-to-Operate

The patent landscape’s complexity necessitates thorough freedom-to-operate analyses, especially when attempting to develop similar compounds or indications.


Legal Status and Maintenance

The '049 patent remains enforceable until its expiration or invalidation. Maintenance fees paid annually protect the patent’s active status. Patent challengers might invoke post-grant opposition or validity proceedings, especially in light of any prior art disclosures post-issuance.


Conclusion and Industry Impact

The '049 patent encapsulates strategic IP within pharmaceutical innovation:

  • Its scope—configured via claims—defines the boundary of exclusivity.
  • Its position within the patent landscape influences competitive dynamics, licensing opportunities, and R&D directions.
  • Its strength depends on claim breadth, novelty, inventiveness, and resilience against legal challenges.

Key Takeaways

  • Scope Clarity:
    Precise, structurally supported claims underpin enforceability, enabling the patent holder to deter infringers effectively.

  • Strategic Positioning:
    Claim breadth must balance protection and defensibility; overly broad claims risk invalidation, while narrow claims limit market scope.

  • Landscape Awareness:
    Vigilant monitoring of prior art and related patents ensures patent strength and guides future innovation pathways.

  • Legal Vigilance:
    Regular maintenance and proactive defenses are vital to safeguard patent rights over the lifespan.

  • Market Leverage:
    A solid patent portfolio enhances licensing opportunities, attracts investment, and rewards R&D investments.


FAQs

1. What makes the claims of U.S. Patent 10,220,049 particularly important?
The claims define the exclusive rights granted, determining how broadly the innovation is protected and directly impacting enforcement, licensing, and market exclusivity.

2. How does the patent landscape influence the value of the '049 patent?
A crowded landscape with overlapping patents can breed infringement risks or invalidate claims, while a clear, defensible IP position sustains competitive advantage.

3. Can the scope of the '049 patent be expanded?
Typically, claims cannot be retroactively expanded; however, filing continuation or divisional applications can broaden protection before expiry.

4. What strategies can patent holders use to defend against challenges?
Conducting robust patent examinations, gathering comprehensive data supporting inventiveness, and periodically reviewing prior art are essential defensive measures.

5. How does patent claim drafting impact innovation?
Well-crafted claims stimulate innovation by providing clear boundaries for development and licensing, whereas overly broad claims may stifle future research or invite litigation.


Sources:

  1. U.S. Patent and Trademark Office. U.S. Patent No. 10,220,049.
  2. PatentScope. Patent family information for related applications.
  3. MarketWatch. Analysis of pharmaceutical patent landscapes.
  4. recent legal literature on patent claim drafting and validity challenges.

More… ↓

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Drugs Protected by US Patent 10,220,049

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Bausch ACANYA benzoyl peroxide; clindamycin phosphate GEL;TOPICAL 050819-001 Oct 23, 2008 AB RX Yes Yes 10,220,049 ⤷  Get Started Free Y TOPICAL TREATMENT OF ACNE VULGARIS IN PATIENTS 12 YEARS OR OLDER ⤷  Get Started Free
Bausch CABTREO adapalene; benzoyl peroxide; clindamycin phosphate GEL;TOPICAL 216632-001 Oct 20, 2023 RX Yes Yes 10,220,049 ⤷  Get Started Free Y TOPICAL TREATMENT OF ACNE VULGARIS IN ADULT AND PEDIATRIC PATIENTS 12 YEARS OF AGE AND OLDER ⤷  Get Started Free
Bausch ONEXTON benzoyl peroxide; clindamycin phosphate GEL;TOPICAL 050819-002 Nov 24, 2014 AB RX Yes Yes 10,220,049 ⤷  Get Started Free Y TOPICAL TREATMENT OF ACNE VULGARIS IN PATIENTS 12 YEARS OR OLDER ⤷  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 10,220,049

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2009255679 ⤷  Get Started Free
Brazil PI0913326 ⤷  Get Started Free
Canada 2723029 ⤷  Get Started Free
China 102056481 ⤷  Get Started Free
European Patent Office 2299810 ⤷  Get Started Free
Spain 2773931 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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