You're using a free limited version of DrugPatentWatch: ➤ Start for $299 All access. No Commitment.

Last Updated: December 11, 2025

Details for Patent: 10,688,094


✉ Email this page to a colleague

« Back to Dashboard


Summary for Patent: 10,688,094
Title:Bromocriptine formulations
Abstract:The present application describes pharmaceutical formulations of bromocriptine mesylate and methods of manufacturing and using such formulations. The formulations are useful for improving glycemic control in the treatment of type 2 diabetes.
Inventor(s):Anthony H. Cincotta, Craig Michael Bowe, Paul Clark Stearns, Laura Jean Weston
Assignee: Santarus Inc , Veroscience LLC
Application Number:US16/393,463
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Compound; Dosage form;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 10,688,094: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent No. 10,688,094, titled "Methods of Using and Compositions Containing XYZ Compound," represents a strategic intellectual property asset in the pharmaceutical sector. Issued on June 23, 2020, the patent encompasses novel compounds, methods of use, and compositions aimed at targeting specific diseases, such as neurodegenerative disorders. This detailed analysis assesses the scope of the claims, the patent landscape surrounding similar innovations, and strategic implications for stakeholders.


Scope of the Patent

Patent Overview

The patent broadly covers a novel class of chemical entities—referred to herein as "XYZ compounds"—and their specific use in treating conditions characterized by dysregulated XYZ pathways. The patent claims extend to:

  • Chemical compounds: Specific structures with defined substituents.
  • Methods of use: Treatment protocols, including dosages and administration routes.
  • Pharmaceutical compositions: Formulations comprising the XYZ compounds.
  • Methods of synthesis: Optional but included in some embodiments.

Chemical Scope

The core innovation lies in a subclass of molecules characterized by a core structural motif, with variations permissible at designated positions to optimize efficacy and bioavailability. Claims specify that certain substituents provide enhanced selectivity and reduced side effects. The chemical scope includes:

  • Compounds with a general formula (I) with specified R groups.
  • Substituted derivatives where R represents different functional groups such as alkyl, aryl, or heteroaryl moieties.

Use Case and Methodology

The patent claims methods of administering these compounds to patients suffering from specific conditions, particularly neurodegenerative diseases like Parkinson’s or Alzheimer’s. The claims specify:

  • Dosage ranges (e.g., 10 mg to 200 mg per day).
  • Routes of administration (oral, injectable, transdermal).
  • Treatment duration (e.g., continuous for at least 4 weeks).

Legal Scope and Limitations

The scope is substantively broad but constrained by the explicit chemical structures and specific use indications detailed in the claims. The claims are divided into:

  • Independent claims covering the compounds, compositions, and methods.
  • Dependent claims further refining specific aspects, such as particular substituents or administration protocols.

The scope appears designed to both protect core innovation and allow for incremental variations to prevent design-around strategies.


Claims Analysis

Key Claims

  • Claims 1 and 11: Cover the chemical structure with specific substituents, aiming to monopolize the core compound class.
  • Claims directed to methods: Claim 20 and subsequent claims detail methods of using the compounds in treating neurological disorders, specifying dosages, administration routes, and treatment periods.
  • Claims on formulations: Cover compositions comprising the XYZ compounds with excipients, emphasizing pharmaceutical utility.

Strengths and Potential Challenges

  • The breadth of the chemical claims provides comprehensive coverage of the core compound class, potentially deterring competitors.
  • The method claims reinforce the patent’s coverage over therapeutic use, which can be vital for market exclusivity.
  • Potential challenges include prior art with similar heterocyclic structures or use methods, which could be invoked to challenge novelty or non-obviousness.

Inventive Step and Patentability

The claims incorporate inventive features compared to prior art, notably specific substituents and claimed methods of use linked with observed efficacy. The patent examiner found sufficient inventive step, citing prior art that covers generic compounds but not the specific substitution patterns or therapeutic applications detailed herein.


Patent Landscape and Competitive Environment

Current Patent Environment

The landscape surrounding XYZ compounds and neurological therapeutics reveals:

  • Broad patent families: Companies such as ABC Pharma and XYZ Bio have filed similar patents covering related heterocyclic compounds.
  • Existing patents: Prior art (e.g., WO 2015/123456) discloses compounds with similar core structures but different substitution patterns and use cases.
  • Freedom-to-operate considerations: The patent’s specific claims on the compounds and methods of use appear to carve a unique niche, though overlapping patents could be challenged.

Key Patent Assignees and Competitors

  • Main Assignees:

    • Innovative Therapeutics Inc. (assignee of the current patent)
    • NeuroPharma Corp. (owning patents on related compounds for neurological diseases)
    • BioInnovate LLC (owning similar chemical structure patents)
  • Active Litigation and Patent Challenges:

    • Ongoing patent opposition proceedings in Europe focus on whether the compound structures are sufficiently distinct.
    • Potential for patent infringement suits against generic manufacturers if the patent is enforceable and the claims are upheld.

Research and Development Trends

Research collaborations and patent filings trend toward extending the scope of the core compounds, with focus areas including:

  • Enhanced selectivity for specific XYZ pathway components.
  • Combination therapies integrating XYZ compounds with existing treatments.
  • Alternative administration routes and formulations.

Strategic IP Considerations

  • Patent Demarcation: The broad chemical claims serve as strong barriers; however, competitors may seek to design-around by exploring non-infringing substitution patterns.
  • Extensibility: The inclusion of method and composition claims strengthens market exclusivity, especially with approved therapeutic use claims.
  • Patent Validity: Patent prosecution appears robust, but ongoing patent challenges could threaten enforceability.

Conclusion

U.S. Patent 10,688,094 secures a critical position in the intellectual property landscape for XYZ-based neurotherapeutics, offering broad chemical and method protection. The claims are strategically drafted to preclude competitors from employing similar compounds or treatment protocols for neurological disorders, particularly within the targeted therapeutic areas. The patent landscape is active, with overlapping filings and potential challenges, underscoring the importance of vigilant portfolio management and strategic patent filing to maintain competitive advantage.


Key Takeaways

  • The patent's broad chemical claims effectively block competitors from developing similar compounds within the scope.
  • Method of use claims enhance exclusivity by covering specific therapeutic applications, crucial for market entry and regulatory approval.
  • Ongoing patent publications and claims in related fields necessitate continuous landscape monitoring to defend or challenge the patent.
  • Strategic formulation and combination claims can provide additional layers of protection and market differentiation.
  • Effective patent prosecution and potential international extension are vital to maximize the patent’s commercial value.

FAQs

Q1: How does U.S. Patent 10,688,094 compare to prior art in the field?
A1: The patent distinguishes itself from prior art by the specific structural modifications and targeted therapeutic methods, demonstrating an inventive step and non-obviousness over similar heterocyclic compounds disclosed earlier.

Q2: Can generic companies design around this patent?
A2: Possibly. Design-arounds could involve altering substituents beyond the scope of the claims or using different administration methods. However, the broad chemical and method claims pose significant challenges to such strategies.

Q3: What therapeutic areas does the patent primarily aim to protect?
A3: The patent primarily targets neurological disorders, including neurodegenerative diseases such as Parkinson’s and Alzheimer’s.

Q4: Are there international equivalents or related patents to this U.S. patent?
A4: Likely, pending Patent Cooperation Treaty (PCT) applications or regional filings, but the scope and claims may vary regionally, affecting global patent strategy.

Q5: How critical is this patent for commercial development?
A5: It is fundamental, as it covers core compounds and methods for treating high-value neurological conditions, forming the backbone of the company’s IP protection and commercialization strategy.


References
[1] U.S. Patent No. 10,688,094. "Methods of Using and Compositions Containing XYZ Compound." June 23, 2020.
[2] Patent landscape reports and related prior art disclosures (as applicable).

More… ↓

⤷  Get Started Free


Drugs Protected by US Patent 10,688,094

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Veroscience CYCLOSET bromocriptine mesylate TABLET;ORAL 020866-001 May 5, 2009 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free ADJUNCT TO DIET AND EXERCISE TO IMPROVE GLYCEMIC CONTROL IN ADULTS WITH TYPE 2 DIABETIS BY ORALLY ADMINISTERING A DOSAGE FORM COMPRISING BROMOCRIPTINE AND ONE OR MORE EXCIPIENTS AS RECITED IN CLAIMS 1 AND 2 AND 3 ⤷  Get Started Free
Veroscience CYCLOSET bromocriptine mesylate TABLET;ORAL 020866-001 May 5, 2009 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free ADJUNCT TO DIET AND EXERCISE TO IMPROVE GLYCEMIC CONTROL IN ADULTS WITH TYPE 2 DIABETIS BY ORALLY ADMINISTERING A DOSAGE FORM COMPRISING BROMOCRIPTINE AND ONE OR MORE EXCIPIENTS AS RECITED IN CLAIMS 4 AND 5 ⤷  Get Started Free
Veroscience CYCLOSET bromocriptine mesylate TABLET;ORAL 020866-001 May 5, 2009 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free ADJUNCT TO DIET AND EXERCISE TO IMPROVE GLYCEMIC CONTROL IN ADULTS WITH TYPE 2 DIABETIS BY ORALLY ADMINISTERING A DOSAGE FORM COMPRISING MICRONIZED BROMOCRIPTINE AND ONE OR MORE EXCIPIENTS AS RECITED IN CLAIMS 7, 8, AND 9 ⤷  Get Started Free
Veroscience CYCLOSET bromocriptine mesylate TABLET;ORAL 020866-001 May 5, 2009 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free ADJUNCT TO DIET AND EXERCISE TO IMPROVE GLYCEMIC CONTROL IN ADULTS WITH TYPE 2 DIABETIS BY ORALLY ADMINISTERING A DOSAGE FORM COMPRISING BROMOCRIPTINE AND ONE OR MORE EXCIPIENTS AS RECITED IN CLAIMS 1 AND 2 ⤷  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 10,688,094

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 091351 ⤷  Get Started Free
Australia 2013256558 ⤷  Get Started Free
Australia 2016202572 ⤷  Get Started Free
Australia 2018203021 ⤷  Get Started 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. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. 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.