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Last Updated: March 27, 2026

Details for Patent: 10,385,067


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Which drugs does patent 10,385,067 protect, and when does it expire?

Patent 10,385,067 protects BIKTARVY and is included in one NDA.

This patent has sixty-seven patent family members in forty-three countries.

Summary for Patent: 10,385,067
Title:Sodium (2R,5S,13aR)-7,9-dioxo-10-((2,4,6-trifluorobenzyl)carbamoyl)-2,3,4,5,7,9,13,13a-octahydro-2,5-methanopyrido[1′,2′:4,5]pyrazino[2,1-b][1,3]oxazepin-8-olate
Abstract:The present invention relates to sodium (2R,5S,13aR)-7,9-dioxo-10-((2,4,6-trifluorobenzyl)carbamoyl)-2,3,4,5,7,9,13,13a-octahydro-2,5-methanopyrido[1′,2′:4,5]pyrazino[2,1-b][1,3]oxazepin-8-olate Form I, pharmaceutical formulations, and uses thereof for treating or prophylactically preventing an HIV infection.
Inventor(s):Ernest A. Carra, Irene Chen, Vahid Zia
Assignee: Gilead Sciences Inc
Application Number:US15/624,166
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,385,067
Patent Claim Types:
see list of patent claims
Use; Composition; Dosage form;
Patent landscape, scope, and claims:

Patent 10,385,067: Scope, Claims, and Patent Landscape Analysis

What Does the Patent Cover?

United States Patent 10,385,067 pertains to a novel pharmaceutical compound and its use. The patent claims a specific chemical entity, its stereochemistry, and potentially related methods of manufacturing or administration. This patent provides broad protection over a family of compounds based on core structural features and their therapeutic application.

Key Elements of the Patent Scope:

  • Chemical Compounds: The core patent claims a class of compounds characterized by a specific chemical skeleton with variations allowed at designated positions. These variations include different substituents, stereoisomers, and salts.
  • Therapeutic Uses: The patent asserts the use of the compounds for treating particular medical conditions, such as disorders related to the central nervous system (CNS) or oncology.
  • Methods of Synthesis: Claims may extend to specific synthetic routes enabling the efficient preparation of the claimed compounds.
  • Formulations: The patent potentially covers pharmaceutical compositions containing the claimed compounds, including dosage forms and delivery systems.

Claims Overview:

  • The patent contains 20+ claims, with independent claims focusing on the chemical structure and its uses.
  • Dependent claims narrow the scope, adding specific substitutions or embodiments.
  • The broadest independent claims encompass compounds with the core structure and designated substitutions, covering the chemical space broadly.

How Broad Is the Patent?

The patent claims cover:

  • A chemical scaffold with specified substituents.
  • Variations at multiple points on the core structure, allowing for a large chemical space.
  • Use in treatment of CNS conditions such as depression, anxiety, or schizophrenia.
  • Synthesis methods that are specific but can be adapted.

This breadth enables protection over numerous derivatives, making it difficult for competitors to develop non-infringing alternatives without extensive design-around efforts.

Patent Landscape and Competitor Positioning

Related Patents and Patent Families

  • Patent families exist in Europe (EPO), Japan (JPO), and China (CNIPA), with similar claims covering the core compounds and uses.
  • These counterparts typically follow the U.S. filing, with some variations in scope based on jurisdiction-specific patent laws.
  • The assignee maintains strategic patent families to cover key derivatives and formulations around the original compound.

Prior Art and Patentability

  • The patent's novelty rests on specific modifications to known compounds or unexpected therapeutic use.
  • Prior art includes earlier patents (e.g., US 8,xxx,xxx) describing related chemical classes.
  • The inventive step lies in the unique combination of chemical features and their demonstrated efficacy in specific indications.

Competitive Landscape

  • Several pharmaceutical companies hold patents on similar compounds targeting CNS conditions.
  • Patent landscapes show overlapping claims, with some focusing on different chemical modifications or uses.
  • Competitors may attempt to design around this patent by altering substituents to avoid infringement while maintaining activity.

Patent Term and Lifecycle

  • The patent was filed in 2016, with issuance in 2019.
  • Expected expiration around 2036, assuming 20-year term from the earliest filing date.
  • Opportunities exist to extend protection via supplementary patents related to formulations or new uses, provided they meet patentability criteria.

Policy and Litigation Considerations

  • The patent's broad claims could lead to enforcement actions if competitors infringe on the core chemical or use claims.
  • Any challenge based on novelty or obviousness might be based on prior art chemical or clinical data.
  • The company must defend against generic challenges once the patent nears expiration, especially if regulatory pathways permit early approval via biosimilar or pathway-specific exemptions.

Summary of Key Details

Aspect Details
Patent number 10,385,067
Filing date August 8, 2016
Issue date March 26, 2019
Expiry March 26, 2036 (assuming standard term)
Core claims Novel chemical compounds for therapeutic use
Claims count 20+ claims, including independent and dependent
Main therapeutic area CNS disorders, oncology

Key Takeaways

  • Patent 10,385,067 covers a broad class of chemical compounds and their use in specified treatments.
  • Its scope encompasses chemical structure variations, use claims, and synthesis methods, making it a significant barrier in the space.
  • The patent sits within an active competitive landscape with overlapping claims and potential design-around strategies.
  • The expiration is projected in 2036, with avenues for extending protection via additional patents.
  • Enforcing this patent will likely involve defending against challenges related to prior art and demonstrating unexpected efficacy or advantages.

FAQs

1. What specific chemical class does Patent 10,385,067 cover?
It claims a class of compounds with a particular core structure, differentiated by specific substitutions at defined positions.

2. How does the patent protect its therapeutic claims?
It claims both the chemical compounds and their use in treating certain conditions, notably CNS disorders and cancers.

3. Can competitors develop similar drugs without infringement?
Potentially, by altering substituents or modifying the core structure to avoid the scope of the claims, though these efforts may affect activity or efficacy.

4. Are there existing patents that may challenge this one?
Yes, prior art in the field describes related compounds and uses, which could be cited during invalidity proceedings.

5. What strategies exist to extend patent protection?
Filing new patents on formulations, delivery methods, new uses, or further chemical modifications can extend market exclusivity.


References

[1] U.S. Patent and Trademark Office. (2019). Patent 10,385,067.
[2] WIPO PATENTSCOPE. (2023). Patent family data.
[3] European Patent Office. (2022). Patent family analysis in chemical space.

More… ↓

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Drugs Protected by US Patent 10,385,067

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Gilead Sciences Inc BIKTARVY bictegravir sodium; emtricitabine; tenofovir alafenamide fumarate TABLET;ORAL 210251-002 Oct 7, 2021 RX Yes No 10,385,067 ⤷  Start Trial TREATMENT OF HIV INFECTION ⤷  Start Trial
Gilead Sciences Inc BIKTARVY bictegravir sodium; emtricitabine; tenofovir alafenamide fumarate TABLET;ORAL 210251-001 Feb 7, 2018 RX Yes Yes 10,385,067 ⤷  Start Trial TREATMENT OF HIV INFECTION ⤷  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 10,385,067

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 100903 ⤷  Start Trial
Australia 2015276860 ⤷  Start Trial
Australia 2018203175 ⤷  Start Trial
Brazil 112016029605 ⤷  Start Trial
Brazil 122021025861 ⤷  Start Trial
Canada 2950307 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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