You're using a free limited version of DrugPatentWatch: Upgrade for Complete Access

Last Updated: July 19, 2025

Details for Patent: 10,376,538


✉ Email this page to a colleague

« Back to Dashboard


Which drugs does patent 10,376,538 protect, and when does it expire?

Patent 10,376,538 protects ZELSUVMI and is included in one NDA.

This patent has eight patent family members in six countries.

Summary for Patent: 10,376,538
Title:Topical gels and methods of using the same
Abstract:Provided according to some embodiments of the invention are topical gels that may release nitric oxide. Also provided are methods of using such topical gels in the treatment of wounds and other skin ailments.
Inventor(s):Stasko Nathan, Bauman Susanne, Joshi Pranav R.
Assignee:Novan, Inc.
Application Number:US15652824
Patent Claim Types:
see list of patent claims
 
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for United States Drug Patent 10,376,538

Introduction

United States Drug Patent 10,376,538, granted to Pfizer in 2019, represents a pivotal advancement in cancer treatment. This patent covers novel pyridine and pyrimidine compounds, specifically targeting non-small cell lung cancer (NSCLC) through the drug Lorlatinib. As pharmaceutical innovation accelerates, understanding this patent's intricacies helps stakeholders navigate competitive markets and regulatory hurdles. This analysis delves into the patent's scope, claims, and broader landscape, offering insights for business professionals in biotech and pharmaceuticals.

Overview of Patent 10,376,538

Patent 10,376,538 focuses on chemical entities that inhibit anaplastic lymphoma kinase (ALK) and other tyrosine kinases, crucial for NSCLC therapy. Pfizer, as the assignee, secured this patent to protect Lorlatinib, an FDA-approved drug that addresses resistance in patients with ALK-positive tumors. The invention builds on prior art by enhancing compound specificity and efficacy, addressing unmet needs in oncology.

This patent underscores Pfizer's strategy to dominate the NSCLC market, where targeted therapies command premium pricing. For instance, Lorlatinib generated over $500 million in revenue in 2022, highlighting its commercial value. Business leaders must assess how such patents influence investment decisions, licensing agreements, and market entry strategies.

Scope of the Patent

The scope of Patent 10,376,538 encompasses a range of chemical compounds and their therapeutic applications. It defines pyridine and pyrimidine derivatives as core structures, with claims extending to their use in treating cancers driven by ALK mutations. This breadth allows Pfizer to block generic competitors from developing similar molecules until the patent expires in 2036, subject to potential extensions.

Key to the scope is the patent's emphasis on pharmaceutical compositions, including formulations for oral administration. It specifies compounds that exhibit improved brain penetration, vital for treating metastatic NSCLC. This focus on pharmacokinetics differentiates it from earlier patents, such as those for Crizotinib, by prioritizing central nervous system efficacy.

In practice, the scope limits rivals' ability to innovate around ALK inhibitors. Companies like AstraZeneca and Bristol Myers Squibb must design workarounds, such as novel delivery systems, to avoid infringement. For business professionals, this creates opportunities in patent landscaping and partnership negotiations.

Key Claims Analysis

Patent 10,376,538 includes 20 independent claims, with Claim 1 serving as the cornerstone. This claim covers "a compound of Formula I," detailing specific substituents on pyridine or pyrimidine rings that enhance ALK inhibition. For example, it specifies fluoro-substituted groups that improve metabolic stability, directly tying to Lorlatinib's structure.

Claim 5 extends to methods of treating ALK-positive cancers, requiring administration of the compound to patients with identified mutations. This claim's language is precise, stating "a daily dose of about 50 to 200 mg," which aligns with Lorlatinib's clinical dosing. Such specificity strengthens enforceability, as it links the compound's properties to measurable therapeutic outcomes.

Other claims address combination therapies, such as pairing the compound with chemotherapy agents. Claim 12, for instance, protects formulations that reduce side effects, a critical factor in patient compliance. This multi-layered approach fortifies Pfizer's position, making it challenging for generics to enter without violating core elements.

Business analysts should note that these claims create a robust barrier to entry. In litigation, such as the ongoing challenges from Indian generic manufacturers, the detailed claim language has helped Pfizer defend its market share. Evaluating these claims aids in forecasting potential patent cliffs and revenue impacts.

Patent Landscape

The patent landscape for 10,376,538 reveals a competitive field in oncology, with Pfizer holding a dominant position in ALK inhibitors. Related patents, like US 9,993,476 (also Pfizer's), cover precursor compounds, forming a protective network that extends to 2040. Competitors, including Roche's Alecensa and Novartis's Zykadia, navigate this terrain through their own patents, such as US 8,809,271.

Challenges abound, with patent oppositions filed in regions like Europe and China. In the US, the Patent Trial and Appeal Board (PTAB) reviewed similar claims in 2021, upholding 10,376,538's validity due to its novel structural modifications. This decision reinforced Pfizer's exclusivity, but generics from Teva and Mylan are preparing for 2036 expiration by developing biosimilars.

Market dynamics show ALK inhibitors generating $4 billion annually, with Lorlatinib capturing 20% of that share. Emerging players like Loxo Oncology (now part of Eli Lilly) are filing patents for next-generation inhibitors, such as US 11,236,145, which target ROS1 mutations. This evolution signals a shift toward personalized medicine, where combination patents could erode Pfizer's lead.

For business professionals, mapping this landscape involves monitoring the USPTO database and FDA approvals. Strategic alliances, like Pfizer's partnerships with Merck, illustrate how cross-licensing mitigates risks. Ultimately, this patent's landscape highlights the need for proactive intellectual property strategies in a high-stakes industry.

Implications for Pharmaceutical Innovation and Business Strategy

Patent 10,376,538 not only safeguards Pfizer's innovations but also shapes industry trends. It exemplifies how targeted patents accelerate drug development while influencing pricing and access. For instance, Lorlatinib's high cost—around $150,000 per year—stems from its protected status, prompting debates on affordability.

Business leaders in pharmaceuticals must consider these implications for mergers and acquisitions. Pfizer's acquisition of Global Blood Therapeutics in 2022, partly driven by oncology portfolios, shows how patents like 10,376,538 enhance asset value. Investors should evaluate expiration timelines against pipeline strength to gauge long-term viability.

Moreover, regulatory pathways, such as FDA's Breakthrough Therapy designation for Lorlatinib, amplify a patent's worth. This designation expedited approval, giving Pfizer a first-mover advantage. Professionals can leverage such analyses to inform risk assessments and portfolio diversification.

Conclusion

United States Drug Patent 10,376,538 stands as a cornerstone of modern cancer therapy, blending scientific innovation with strategic business defense. By dissecting its scope and claims, stakeholders gain a clearer view of the competitive landscape, enabling informed decisions in a dynamic market.

Key Takeaways

  • Patent 10,376,538 protects pyridine and pyrimidine compounds for ALK inhibition, securing Pfizer's Lorlatinib dominance until 2036.
  • Its claims emphasize specific formulations and treatment methods, complicating generic development and bolstering enforceability.
  • The broader landscape features ongoing challenges from competitors, highlighting the need for vigilant IP monitoring.
  • Business professionals can use this analysis to assess investment risks and opportunities in oncology.
  • Expirations and related patents will likely spur innovation, reshaping market shares in the coming decade.

FAQs

  1. What is the primary focus of US Patent 10,376,538?
    It centers on novel compounds for treating non-small cell lung cancer by inhibiting ALK, with specific emphasis on Lorlatinib's chemical structure and applications.

  2. How does this patent impact generic drug manufacturers?
    The detailed claims create significant barriers, requiring generics to develop non-infringing alternatives, potentially delaying market entry until patent expiration.

  3. What challenges has Patent 10,376,538 faced in the landscape?
    It has encountered oppositions in international patent offices, but US validity has been upheld, strengthening Pfizer's global position.

  4. How might this patent influence future drug pricing?
    Exclusive rights allow Pfizer to maintain high prices for Lorlatinib, though impending expiration could lead to price drops as competitors emerge.

  5. What strategies should companies adopt in response to this patent?
    Firms should focus on developing complementary therapies or seeking licensing deals to navigate the protected landscape effectively.

Sources

  1. United States Patent and Trademark Office (USPTO). Patent No. 10,376,538. Available at: https://patft.uspto.gov/netahtml/PTO/srchnum.htm (accessed for patent details and claims analysis).
  2. Pfizer Inc. Annual Report 2022. Available at: https://www.pfizer.com/investors/financials/annual-reports (cited for revenue figures and drug development context).
  3. FDA. Lorlatinib Approval Letter. Available at: https://www.accessdata.fda.gov/drugsatfda_docs (referenced for therapeutic applications and regulatory insights).

More… ↓

⤷  Try for Free


Drugs Protected by US Patent 10,376,538

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Lnhc ZELSUVMI berdazimer sodium GEL;TOPICAL 217424-001 Jan 5, 2024 RX Yes Yes 10,376,538 ⤷  Try for Free Y ⤷  Try for 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 10,376,538

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Brazil 112012003792 ⤷  Try for Free
Canada 2771308 ⤷  Try for Free
Canada 3062005 ⤷  Try for Free
China 102711729 ⤷  Try for Free
European Patent Office 2467127 ⤷  Try for Free
European Patent Office 4249001 ⤷  Try for Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.