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Details for Patent: 10,238,643
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Which drugs does patent 10,238,643 protect, and when does it expire?
Patent 10,238,643 protects COBENFY and is included in one NDA.
This patent has nineteen patent family members in nine countries.
Summary for Patent: 10,238,643
| Title: | Methods and compositions for treatment of disorders ameliorated by muscarinic receptor activation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Methods for the treatment of CNS disorders using combinations of muscarinic activators and inhibitors, and medicaments comprising muscarinic activators and inhibitors. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Eric Elenko, Philip E. Murray, III, Andrew C. Miller | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Puretech Health LLC , Puretech Management Inc | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US15/400,108 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Composition; Formulation; Compound; Dosage form; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 10,238,643: Xanomeline-Trospium Claim Scope, Cobenfy Coverage, and Patent LandscapeUS Patent No. 10,238,643 is a core composition patent covering oral products that combine xanomeline, or a xanomeline salt, with trospium chloride to reduce a xanomeline-associated side effect. Its broadest claim covers daily xanomeline doses from 25 mg to 700 mg and trospium chloride doses from 5 mg to 200 mg. The patent also claims immediate-release and controlled-release presentations, combined and separate release profiles, specific dosage ranges, single-capsule products, and selected xanomeline/trospium strength combinations. The patent is directly relevant to Karuna Therapeutics’ Cobenfy, the FDA-approved xanomeline and trospium chloride product for schizophrenia in adults. The FDA-approved Cobenfy regimen falls within the quantitative ranges of several claims, particularly claims 1, 5, 15, and 16. The patent is listed in the FDA Orange Book with an expiration date reported as March 30, 2035. [1, 2] What does US Patent 10,238,643 cover?The patent covers an oral medicament containing two active pharmaceutical ingredients:
Claim 1 is the principal independent composition claim. It is drafted broadly enough to encompass a range of dosage strengths, release technologies, and pharmaceutical carriers. The claim does not require a particular disease indication, patient population, administration frequency, capsule size, excipient system, or manufacturing process. The central technical concept is the combination of a centrally acting muscarinic agonist, xanomeline, with trospium chloride, a peripherally restricted antimuscarinic agent. The combination is intended to preserve xanomeline’s therapeutic activity while reducing peripheral cholinergic adverse effects such as gastrointestinal and urinary effects. How broad is claim 1 of US 10,238,643?Claim 1 has four material limitations:
The claim uses “comprising,” which generally permits the presence of additional ingredients. A product containing xanomeline, trospium chloride, and additional active or inactive ingredients could therefore fall within the claim if the required elements are present. The dose limitation is expressed over a 24-hour period rather than solely as the amount per capsule or tablet. A twice-daily product may therefore satisfy the claim based on the aggregate daily dose, even if each individual capsule contains only part of the claimed quantity. The side-effect limitation is important. A challenger could argue over whether a particular product or use satisfies the requirement that trospium “alleviates a side effect associated with use of the xanomeline.” The patent holder would likely rely on product labeling, clinical data, formulation rationale, and the known pharmacology of the combination to establish that limitation. Which dependent claims cover formulations and release profiles?Claims 2 through 4 address release characteristics.
Claim 4 is commercially significant because it addresses a differentiated release strategy. It requires xanomeline and trospium to have different release profiles, rather than merely requiring that the finished product be classified as immediate release or controlled release. A product could face different infringement arguments depending on whether the two active ingredients are released from the same matrix, separate layers, separate particles, multiparticulates, or different dosage units administered together. The claim language supplied does not require a specific manufacturing architecture. What dosage strengths are specifically protected?Claims 5 through 16 narrow the broad ranges and create overlapping species claims.
Claims 5 and 16 appear substantially overlapping in the supplied text. Claim 16 may have been included as a separate claim during prosecution for procedural or fallback purposes, but its practical scope is materially similar to claim 5. The “consisting essentially of” language in claims 10 through 13 is narrower than “comprising.” It generally permits ingredients that do not materially affect the basic and novel characteristics of the claimed combination. The exact scope depends on the specification and prosecution history, particularly how the patent defines the basic and novel characteristics of the xanomeline-trospium combination. Does US 10,238,643 cover Cobenfy?Yes, the patent’s dosage ranges encompass the FDA-approved Cobenfy regimen. Cobenfy is supplied as capsules containing xanomeline and trospium chloride. The FDA-approved dosing schedule begins at 50 mg xanomeline and 20 mg trospium chloride twice daily, with possible increases to 100 mg/20 mg twice daily and 125 mg/30 mg twice daily. [1]
The highest approved daily xanomeline amount, 250 mg, exceeds the 225 mg xanomeline ceiling in claims 5 and 16 but remains within claim 15’s 25 mg-to-300 mg range and claim 1’s 25 mg-to-700 mg range. The 60 mg daily trospium amount at the highest approved dose remains within the narrower claim 5 and claim 16 trospium range. The approved commercial strengths are not identical to the single-capsule strengths recited in claims 10 through 13. Those claims specifically identify 25 mg/5 mg, 75 mg/20 mg, 25 mg/20 mg, and 75 mg/5 mg capsules. A Cobenfy product may therefore fall within broader claims without necessarily matching every narrow single-capsule claim. What is the FDA regulatory status of the covered product?The FDA approved Cobenfy, formerly known as KarXT, on September 26, 2024, for the treatment of schizophrenia in adults. The product combines xanomeline and trospium chloride and is administered orally. [1] Cobenfy is a small-molecule drug product, not a biologic. Biosimilar provisions under the Public Health Service Act therefore do not apply. Competitive entry would proceed through an abbreviated new drug application, or ANDA, rather than a biosimilar application. The relevant regulatory protection consists of:
The Orange Book identifies patent protection associated with Cobenfy, including US 10,238,643. The listed expiration date for US 10,238,643 is March 30, 2035. [2] When does US Patent 10,238,643 lose exclusivity?The reported patent expiration date is March 30, 2035. [2] The effective commercial entry date could differ from the nominal expiration date because of:
The Orange Book expiration date is the primary commercial reference point for generic planning. It does not, by itself, establish that every claim remains valid and enforceable through that date. What patent landscape surrounds Cobenfy and xanomeline-trospium?The Cobenfy patent estate is broader than US 10,238,643. The relevant protection can be divided into four categories. Combination composition patentsThese patents cover products containing xanomeline and trospium chloride. US 10,238,643 is a principal example. Combination claims can create a direct barrier to an ANDA that uses the same active ingredients within the claimed dose ranges. Method-of-use patentsSeparate patents may cover treating schizophrenia or other central nervous system disorders with the xanomeline-trospium combination. Method-of-use patents can be important where a generic applicant seeks approval for a use that is carved out of the label or where the branded label contains patented indications. The strength of a method-of-use patent depends on the exact indication, dosing regimen, patient population, and whether the proposed generic label includes the patented use. Formulation and release-profile patentsClaims directed to immediate-release, controlled-release, or differential-release formulations may restrict design-around options. Claim 4 of US 10,238,643 is particularly relevant to a product that uses controlled-release xanomeline and immediate-release trospium. Formulation patents can create separate technical barriers even if a competitor avoids a broad composition claim. The commercial risk depends on whether the competitor uses the same release mechanism, excipient system, dosage form, and pharmacokinetic profile. Manufacturing and process patentsManufacturing patents may cover granulation, particle engineering, coating, encapsulation, blending, stability control, or the production of xanomeline-trospium dosage units. These rights can be difficult to evaluate from the final product alone because process details may not be publicly apparent. A generic manufacturer could avoid a process patent while still infringing a composition or formulation claim. Conversely, a non-infringing active-ingredient source does not eliminate risk from product-level claims. How strong is the patent estate for xanomeline-trospium?US 10,238,643 has meaningful commercial breadth for four reasons:
The main potential limitations are equally important. The patent is not a pure xanomeline composition patent. It requires trospium chloride and a pharmaceutical carrier. A competitor that develops xanomeline monotherapy, a different peripheral antimuscarinic, or a substantially different therapeutic combination would not satisfy the literal combination requirement. The side-effect limitation may also create claim-construction and proof issues. A product containing both drugs could dispute whether trospium is used to alleviate a xanomeline-associated side effect or is included for another therapeutic purpose. The commercial relevance of that argument would depend on the proposed labeling, clinical development program, and prosecution history. Which companies are challenging Cobenfy patents?No publicly reported Paragraph IV litigation involving an ANDA challenging US 10,238,643 is identified in the cited FDA and patent records through the available public record reviewed for this analysis. [2, 3] That does not eliminate future challenge risk. A generic applicant could file an ANDA with a Paragraph IV certification, triggering the Hatch-Waxman notice and litigation framework. The patent holder could then file suit within the statutory period, potentially obtaining a 30-month stay of FDA approval, subject to statutory exceptions and court developments. [4] No biosimilar challenge is relevant because Cobenfy is a small-molecule product. What generic launch scenarios exist?Launch after patent expiryThe lowest-risk scenario for an ANDA applicant is launch after March 30, 2035, assuming no later-expiring Orange Book patent, regulatory exclusivity, injunction, or settlement restriction applies. Paragraph IV challengeAn ANDA applicant could challenge validity, enforceability, or infringement before expiry. Possible grounds could include lack of written description, enablement, anticipation, obviousness, indefiniteness, or non-infringement. The commercial value of a challenge depends on the remaining market size and the number of surviving patents. Design-around productA competitor could attempt to avoid the claims by changing:
Design-around options are constrained by the breadth of claim 1 and claim 15, which cover wide dose ranges. A product with xanomeline and trospium in a materially different dosage regimen could still face infringement arguments if the aggregate 24-hour amounts fall within the claimed ranges. How does US 10,238,643 compare with a conventional xanomeline patent?
The patent is strategically more relevant to Cobenfy than a xanomeline-only patent because it targets the product’s defining combination. Key Takeaways
FAQs About US Patent 10,238,643 and CobenfyDoes US 10,238,643 claim Cobenfy by brand name?No. The patent claims compositions defined by xanomeline, trospium chloride, dose ranges, formulation characteristics, and pharmaceutical carriers. It does not need to identify Cobenfy by brand name to cover a product meeting the claim limitations. Is a xanomeline-only product covered by US 10,238,643?Generally, no. The claims supplied require trospium chloride. A xanomeline-only product would not satisfy the combination limitation of claim 1. Does changing from a capsule to a tablet avoid the patent?Not necessarily. Claim 1 broadly covers an oral medicament and does not require a capsule. A tablet could remain within the patent if it contains the required ingredients and dose amounts. Can a generic use a different trospium dose?Possibly, but the dose must be assessed against every asserted claim. Claim 1 covers 5 mg to 200 mg trospium chloride per 24 hours, while narrower claims cover smaller ranges. A dose outside one claim may remain within another claim or a separate patent in the Cobenfy estate. Is the March 30, 2035 date the final possible Cobenfy launch date?Not necessarily. It is the reported expiration date for US 10,238,643. Later-expiring Orange Book patents, regulatory exclusivity, litigation outcomes, or settlement terms could affect the actual launch date. References
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Drugs Protected by US Patent 10,238,643
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Bristol-myers | COBENFY | trospium chloride; xanomeline tartrate | CAPSULE;ORAL | 216158-001 | Sep 26, 2024 | RX | Yes | Yes | ⤷ Start Trial | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| Bristol-myers | COBENFY | trospium chloride; xanomeline tartrate | CAPSULE;ORAL | 216158-002 | Sep 26, 2024 | RX | Yes | No | ⤷ Start Trial | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| Bristol-myers | COBENFY | trospium chloride; xanomeline tartrate | CAPSULE;ORAL | 216158-003 | Sep 26, 2024 | RX | Yes | No | ⤷ Start Trial | ⤷ 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 |
International Family Members for US Patent 10,238,643
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Canada | 2804215 | ⤷ Start Trial | |||
| Denmark | 3061821 | ⤷ Start Trial | |||
| European Patent Office | 2456868 | ⤷ Start Trial | |||
| European Patent Office | 3061821 | ⤷ Start Trial | |||
| European Patent Office | 3646870 | ⤷ Start Trial | |||
| Spain | 2742728 | ⤷ Start Trial | |||
| Hungary | E044653 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
