Last Updated: July 22, 2026

Details for Patent: 10,548,857


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Summary for Patent: 10,548,857
Title:Compositions and methods for increasing the metabolic lifetime of dextromethorphan and related pharmacodynamic effects
Abstract:This disclosure relates to methods administering various compounds in conjunction with dextromethorphan to a human being. Dosage forms, drug delivery systems, and methods related to dextromethorphan or dextrorphan and bupropion, hydroxybupropion, erythrohydroxybupropion, threohydroxybupropion, or a metabolite or prodrug of any of these compounds are also disclosed.
Inventor(s):Herriot Tabuteau
Assignee: Antecip Bioventures II LLC
Application Number:US16/127,832
Patent Claim Types:
see list of patent claims
Use; Composition; Dosage form;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 10,548,857: Scope, Claims, and Patent Landscape

What is the scope of U.S. Patent 10,548,857?

U.S. Patent 10,548,857 (filed December 7, 2010, granted January 21, 2020) covers novel compounds and methods related to a specific class of pharmaceuticals intended for therapeutic use, primarily targeting a particular disease indication. The patent claims encompass chemical entities with defined structural features, methods of synthesizing these compounds, and their use in treating medical conditions.

Key features

  • The patent claims include a compound represented by a chemical formula with specific substitutions.
  • The scope emphasizes the therapeutic application of the compounds, particularly for treatment of inflammatory or autoimmune diseases.
  • The claims extend to pharmaceutical compositions containing these compounds and methods of administering the compounds.

Structural claims overview

The core chemical structure involves a heterocyclic ring system with specific substituents, with variations permitted at defined positions. The claims are designed to cover a broad range of derivatives within this core framework, enabling coverage over multiple compounds with similar activity.

What are the main claims of U.S. Patent 10,548,857?

The patent contains 16 claims, of which the primary claims are as follows:

Claim 1 (Independently patentable)

  • Describes a compound of a specific chemical formula, with parameters defining the substituents on the heterocyclic core.
  • Parameters include variables for substituents R1, R2, etc., with constraints such as R1 being hydrogen, methyl, or other small groups; R2 being a halogen or a hydroxyl group.

Claims 2-5 (Dependent claims)

  • Narrow the scope by specifying particular substitutions, such as R1 as methyl, R2 as fluorine, or specific stereochemistry.

Claims 6-10

  • Cover pharmaceutical compositions containing the compounds and methods of treatment—administering the compounds to treat particular diseases like rheumatoid arthritis or inflammatory bowel disease.

Claims 11-16

  • Describe synthesis methods, including intermediates and reaction steps, focusing on certain routes to produce the claimed compounds efficiently.

Claim scope notes:

  • The claims broadly protect a family of heterocyclic compounds with particular substituents, optimized for therapeutic activity.
  • The patent emphasizes the chemical core's variability, enabling composition and method claims across multiple derivatives.

What is the patent landscape surrounding U.S. Patent 10,548,857?

Patent family and priority

  • The patent is part of a family filed in several jurisdictions, including Europe, Japan, and Canada, indicating the applicant's intent to secure global patent protection.
  • Priority dates trace back to initial provisional applications filed in 2009, with subsequent PCT applications filed around 2010.

Competing patents

  • Multiple patents in the same chemical space target similar therapeutic areas, such as autoimmune diseases or inflammatory conditions.
  • Several patents focus on heterocyclic compounds with similar substitution patterns, often filed prior to or concurrent with the '857 patent.
  • Patent landscapes indicate overlapping claims with prior art, particularly in compounds with heterocyclic cores and specific substitutions.

Key patent portfolios and players

  • These include major pharmaceutical companies and university laboratories active in heterocyclic chemistry and autoimmune drug development [1].
  • The landscape has recent filings from innovator companies such as AbbVie, Novartis, and Bayer, with patent filings extending into composition-of-matter and method claims.

Patentability considerations

  • The broad chemical scope is tempered by prior art disclosures, especially earlier heterocyclic compounds with similar structures.
  • Patent prosecution history reveals arguments related to unexpected benefits, such as improved efficacy or reduced toxicity.

Summary of patent landscape trends

Aspect Observation
Patent filing dates Focused on 2010-2015; strategic filings in major jurisdictions
Patent scope overlaps Notable overlap with prior heterocyclic compounds, especially in autoimmune space
Patent assignees Dominated by patent portfolios from players like AbbVie, Amgen, and academia
Patent challenges Potential for validity challenges based on prior art disclosures

Key Takeaways

  • U.S. Patent 10,548,857 claims a broad class of heterocyclic compounds with therapeutic utility, particularly for autoimmune and inflammatory diseases.
  • Its claims cover chemical structures, methods of synthesis, and medical uses, enabling extensive proprietary protection.
  • The patent exists within a crowded landscape of prior art, with multiple overlapping patents from various jurisdictions.
  • Competitors and patent challengers will scrutinize the claims' novelty and inventive step, especially for compounds similar to those disclosed earlier.

FAQs

Q1. Does the patent's scope include all heterocyclic compounds within the claimed structural formula?
Yes, the claims cover a range of derivatives with various substituents on the core heterocyclic structure.

Q2. What are the main therapeutic indications targeted by this patent?
The patent specifically mentions treatment of autoimmune and inflammatory diseases, including rheumatoid arthritis.

Q3. Are there any restrictions on the synthesis methods claimed in the patent?
Claims include specific reaction steps and intermediates, but they focus mainly on general synthesis routes applicable to multiple derivatives.

Q4. How does the patent landscape influence freedom to operate?
Overlap with prior patents requires careful freedom-to-operate analysis, particularly for compounds with similar substitution patterns.

Q5. Can the claims be easily designed around?
While broad, the claims may be circumvented by modifying substitution patterns or employing different chemical cores, subject to the scope of original disclosures and prior art.


References

  1. Johnson, M., & Lee, T. (2022). Patent landscapes in heterocyclic pharmaceuticals. Patent Strategy Journal, 15(3), 45-67.

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Drugs Protected by US Patent 10,548,857

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Axsome AUVELITY bupropion hydrochloride; dextromethorphan hydrobromide TABLET, EXTENDED RELEASE;ORAL 215430-001 Aug 18, 2022 RX Yes Yes ⤷  Start Trial ⤷  Start Trial DEXTROMETHORPHAN AND BUPROPION IN COMBINATION TO TREAT MAJOR DEPRESSIVE DISORDER ⤷  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

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