United States Patent 10,251,879: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,251,879, titled "Bupropion as a modulator of drug activity," is a significant patent in the pharmaceutical industry, particularly in the context of drug delivery systems and therapeutic effects. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Publication Details
- Publication Number: US10251879B2
- Filing Date: Derived from the application number US15/933,075
- Grant Date: The patent was granted and is currently active[4][5].
Inventors and Assignees
The patent is assigned to a specific entity, though the exact assignee is not specified in the provided sources. Typically, such information can be found in the patent document itself or through patent databases.
Scope of the Patent
Subject Matter
The patent focuses on the use of bupropion as a modulator of drug activity, particularly in relation to sustained release formulations and improved therapeutic effects. It covers dosage forms, drug delivery systems, and methods related to the administration of dextromethorphan, a common cough suppressant, in combination with bupropion[4].
Key Aspects
- Sustained Release: The patent describes methods and systems for the sustained release of dextromethorphan, enhancing its therapeutic effects over a longer period.
- Therapeutic Effects: It highlights the improved therapeutic outcomes achieved by combining bupropion with dextromethorphan.
- Drug Delivery Systems: The patent includes various drug delivery systems, such as prodrugs, which are designed to enhance the efficacy and duration of the therapeutic effect[4].
Claims of the Patent
Independent and Dependent Claims
The patent includes a series of independent and dependent claims that define the scope of the invention. Independent claims typically outline the broadest aspects of the invention, while dependent claims narrow down the scope by adding specific details.
- Independent Claims: These claims define the core aspects of the invention, such as the combination of bupropion and dextromethorphan, and the sustained release formulations.
- Dependent Claims: These claims build upon the independent claims by specifying particular embodiments, such as specific dosage forms, administration methods, and the use of prodrugs[4].
Claim Metrics
Research on patent claims suggests that the length and count of independent claims can be indicative of the patent's scope and quality. Narrower claims at publication are often associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Patent Family
The patent 10,251,879 has a significant patent family with 180 family members across 31 countries. This extensive global coverage indicates a robust intellectual property strategy to protect the invention worldwide[5].
International Protection
The patent is protected in various jurisdictions, including Europe, Japan, Korea, China, and others. This international protection is crucial for maintaining market exclusivity and preventing unauthorized use of the invention globally[1][5].
Related Patents and Prior Art
The patent cites prior art related to dextromethorphan and bupropion, indicating that the invention builds upon existing knowledge in the field. The Common Citation Document (CCD) application, which consolidates prior art citations from multiple IP offices, would be useful in understanding the broader prior art landscape[1].
Market Impact
Drug Coverage
The patent protects the drug AUVELITY, which is included in one New Drug Application (NDA). This protection is critical for the commercial success of AUVELITY, as it prevents generic competition and ensures market exclusivity[5].
Therapeutic Significance
The combination of bupropion and dextromethorphan has significant therapeutic implications, particularly in treating conditions where sustained release formulations are beneficial. This innovation can enhance patient outcomes and compliance by providing longer-lasting therapeutic effects.
Legal and Regulatory Aspects
Patent Status
The patent is currently active, but its legal status can change over time due to various factors such as litigation, re-examination, or expiration. Regular monitoring of the patent's status is essential for maintaining its validity and enforcement[4].
Office Actions and Examination
The examination process for this patent would have involved interactions with the USPTO, including office actions and responses. The Patent Examination Data System (PEDS) can provide insights into the examination history and any challenges faced during the process[1].
Conclusion
United States Patent 10,251,879 is a comprehensive patent that covers innovative drug delivery systems and therapeutic methods involving bupropion and dextromethorphan. The patent's scope is defined by its claims, which are critical for understanding the invention's boundaries. The extensive patent family and international protection underscore the importance of this invention in the global pharmaceutical market.
Key Takeaways
- Innovation in Drug Delivery: The patent introduces novel methods for sustained release formulations and improved therapeutic effects.
- Global Protection: The patent has a significant family with protection in 31 countries.
- Market Exclusivity: The patent protects the drug AUVELITY, ensuring market exclusivity.
- Therapeutic Impact: The combination of bupropion and dextromethorphan has significant therapeutic implications.
- Legal and Regulatory Compliance: Regular monitoring of the patent's status and compliance with regulatory requirements are essential.
FAQs
What is the main subject matter of United States Patent 10,251,879?
The main subject matter is the use of bupropion as a modulator of drug activity, particularly in sustained release formulations and improved therapeutic effects of dextromethorphan.
How many patent family members does this patent have?
The patent has 180 family members across 31 countries.
What drug is protected by this patent?
The patent protects the drug AUVELITY.
What is the significance of the Common Citation Document (CCD) in this context?
The CCD consolidates prior art citations from multiple IP offices, helping to understand the broader prior art landscape related to this patent.
How can one search for similar patents or prior art?
One can use resources like the USPTO's Patent Public Search tool, Global Dossier, and international patent databases such as those provided by the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO)[1].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - Bupropion as a modulator of drug activity: https://patents.google.com/patent/US10251879
- DrugPatentWatch - Patent 10,251,879: https://www.drugpatentwatch.com/p/patent/10251879
