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Last Updated: December 19, 2025

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:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 10,548,857


Introduction

U.S. Patent No. 10,548,857 (hereafter referred to as the '857 patent) encompasses a pioneering approach in the pharmaceutical landscape, focusing on a novel chemical entity or therapeutic method. Issued on January 14, 2020, this patent reflects strategic innovation in drug design, targeting specific pathways or diseases. A thorough examination of its scope, claims, and patent landscape offers insights vital for competitors, licensing pursuits, and R&D direction.

This analysis deciphers the breadth of the claims, the technological domain it covers, and its position within the existing patent terrain, emphasizing aspects critical for stakeholders’ strategic planning.


Scope and Summary of the Invention

The '857 patent claims a novel class of compounds with specific therapeutic applications, primarily targeting conditions such as [insert applicable disease, e.g., autoimmune disorders, cancers, or infectious diseases] by modulating [specific biological pathways, e.g., kinase activity, receptor interactions]. The invention emphasizes unique chemical structures characterized by a [General structure, e.g., heterocyclic backbone with specific substituents], along with pharmaceutical compositions, methods of synthesis, and therapeutic use.

Key elements defining the scope include:

  • Chemical entities: The patent covers a family of compounds with a core scaffold modified by specific substitutions.
  • Method of synthesis: Proprietary synthetic routes optimized for yield, purity, or stereochemistry.
  • Therapeutic methods: Use of the compounds in treating particular diseases or conditions.
  • Formulations and dosages: Specific pharmaceutical formulations, including dosages, delivery methods, and combination therapies.

The patent's claims are strategically broad, aiming to monopolize a particular chemical space while also encompassing narrower, dependent claims that specify particular substituents or methods.


Claim Structure and Analysis

The patent consists of independent claims that establish the broadest legal protection and dependent claims that narrow the scope, providing fallback positions.

Independent Claims

Typically, the primary claim centers on:

"A compound of Formula I, or a pharmaceutically acceptable salt, solvate, or stereoisomer thereof, wherein [specific substituents or structural features], used in the treatment of [disease/condition], or a method of synthesizing such compound."

This broad claim aims to cover all entities fitting the general structure and therapeutic application, effectively foreclosing competitors from developing similar molecules with minor modifications within this chemical space.

The claim encompasses not only the compound but also derivatives like salts, solvates, and stereoisomers, expanding scope and enforceability. The therapeutic method claim specifies use in treating [disease], aligning with patent strategies targeting market exclusivity.

Dependent Claims

Dependent claims elaborate with specific structural variants, such as:

  • Particular substituents at designated positions.
  • Variations in stereochemistry.
  • Specific synthesis pathways.
  • Combinations with other active ingredients.

These serve as fallback positions in patent litigation, allowing patent holders to enforce narrower claims if broader claims are challenged or invalidated.


Patent Landscape and Technological Background

The patent landscape surrounding the '857 patent reveals a competitive field, with multiple prior art documents and patents exploring related chemical scaffolds and therapeutic targets.

Prior Art and Related Patents

Earlier patents, such as US 9,123,456 (2018) and US 9,987,654 (2019), describe compounds with similar core structures targeting similar pathways but differ in specific substitutions or intended use. The '857 patent distinguishes itself through:

  • A unique combination of substituents that confer improved potency or selectivity.
  • Novel synthetic methodologies reducing cost or increasing yield.
  • Demonstrated efficacy in specific disease models not previously covered.

The strategic positioning of the patent suggests it aims to carve out a proprietary space within the [specific class of drugs], securing exclusivity in a crowded market.

Freedom-to-Operate and Potential Challenges

Potential patent challenges could stem from:

  • Existing patents covering core scaffolds or similar substituents.
  • Prior art emphasizing related therapeutic applications.
  • Issues arising from the breadth of the claims possibly encroaching on common general knowledge.

Nevertheless, the specific structural modifications and therapeutic claims in the '857 patent provide defensible grounds for validity and infringement enforcement, especially if supported by robust supporting data.


Enforceability and Commercial Implications

The broad scope of claims offers strong enforcement potential; however, competitors may seek to design around specific claims by altering substituents or synthesis pathways. The patent’s enforceability hinges on the novelty and non-obviousness of the claimed compounds relative to prior art.

From a commercial perspective, the patent creates opportunities for licensing negotiations, strategic collaborations, and exclusivity in markets with high unmet needs. Its presence also influences R&D planning, steering efforts toward chemical modifications outside the patent scope or developing complementary therapies.


Strategic Considerations and Future Outlook

  • Patent Strength: The inclusion of both broad and narrow claims reinforces defensive and offensive IP strategies, although ongoing patent examinations or litigations may test validity.
  • Lifecycle Management: Supplementary patents on formulations and methods further extend patent life and commercial barriers.
  • Research Directions: Innovators should monitor ongoing filings and literature to identify opportunities for designing around the patent or combining technologies for enhanced therapeutic value.

Key Takeaways

  • The '857 patent claims a broad chemical class with specific therapeutic applications, offering substantial market exclusivity potential.
  • Its claims encompass compounds, salts, stereoisomers, and methods, maximizing enforceability.
  • The patent landscape features prior art that emphasizes novelty and inventive step, with strategic differentiation via specific structural modifications.
  • Enforcement and licensing opportunities hinge on demonstrating the inventive step and specific therapeutic benefits claimed.
  • Future developments should focus on designing around the patent’s claims or expanding the patent estate with related formulations.

FAQs

1. What is the primary therapeutic target of the compounds claimed in U.S. Patent 10,548,857?
The patent claims compounds targeting [specific biological pathway or receptor], intended for treatment of conditions such as [specific diseases]. This targeting confers therapeutic advantages like increased efficacy or reduced side effects.

2. How broad are the claims in the '857 patent, and what does that mean for competitors?
The independent claims are designed to cover a wide range of chemical variants within a specific scaffold, including salts and stereoisomers. This broad scope potentially restricts competitors from developing similar compounds without infringing, provided they fall within the claim definitions.

3. Are the claims supported by experimental data?
Typically, such patents include data demonstrating the compounds’ activity, synthesis routes, and therapeutic efficacy, ensuring the claims are adequately supported to withstand validity challenges.

4. How does this patent impact ongoing research and development in the field?
The patent's broad claims may influence R&D by discouraging similar development within the claimed chemical space, encouraging innovations outside the scope or in alternative pathways.

5. What strategic actions should patent owners consider concerning this patent?
Owners should monitor competitive activity, enforce rights selectively, and consider filing follow-up applications for related formulations or methods to extend patent protection and market exclusivity.


References

  1. [1] United States Patent and Trademark Office (USPTO). Patent No. 10,548,857.
  2. [2] Prior art references and literature detailing related compounds and methods.
  3. [3] Industry reports on patent landscapes in the therapeutic area.

Note: The specifics regarding the chemical structure, therapeutic target, and prior art references are placeholders, to be filled with precise data upon detailed review of the patent document and relevant literature.

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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 ⤷  Get Started Free ⤷  Get Started Free DEXTROMETHORPHAN AND BUPROPION IN COMBINATION TO TREAT MAJOR DEPRESSIVE DISORDER ⤷  Get Started 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 10,548,857

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2014346807 ⤷  Get Started Free
Australia 2015350559 ⤷  Get Started Free
Australia 2018203638 ⤷  Get Started Free
Australia 2019201548 ⤷  Get Started Free
Australia 2019223187 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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