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Last Updated: December 12, 2025

Details for Patent: 10,759,814


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Which drugs does patent 10,759,814 protect, and when does it expire?

Patent 10,759,814 protects XOFLUZA and is included in two NDAs.

This patent has thirty-nine patent family members in twenty-three countries.

Summary for Patent: 10,759,814
Title:Pharmaceutical compositions containing substituted polycyclic pyridone derivatives and prodrug thereof
Abstract:The present invention provides a pharmaceutical composition containing the following compound having antiviral action: wherein each of the symbols is defined in the specification.
Inventor(s):Makoto Kawai
Assignee: Shionogi and Co Ltd
Application Number:US16/323,580
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 10,759,814

Introduction

U.S. Patent No. 10,759,814 (hereafter referred to as the ‘814 patent) represents a significant statutory IP asset within the pharmaceutical domain. Its issuance underscores technological advancements and specific inventive contributions in drug development. This analysis delineates the scope and claims of the ‘814 patent, exploring its patent landscape and strategic implications for stakeholders such as pharmaceutical companies, patent holders, and competitors.

Patent Overview and Issuance Context

Filed by [Applicant], the ‘814 patent was granted in 2020, reflecting thorough examination by the USPTO. It primarily pertains to a specific chemical entity, formulation, or method of use, characterized by innovative structural features or therapeutic applications. The patent falls within the broader realm of medicinal chemistry and biological therapies, often underpinning novel drugs or improved formulations.

Scope of the ‘814 Patent

Claims Analysis

The claims define the legal boundaries of the patent and determine their enforceability.

  • Independent Claims:
    The ‘814 patent generally includes【1】 one or more independent claims. These typically encompass the core inventive feature—such as a unique chemical compound, a method of synthesis, or a particular dosage regimen designed to optimize therapeutic efficacy. For instance, an independent claim may specify a compound characterized by a precise chemical structure with particular substituents that confer improved pharmacological properties.

  • Dependent Claims:
    Supplementary dependent claims narrow or specify embodiments of the independent claims, adding constraints like specific substitutions, formulations, or therapeutic contexts. These strengthen the patent’s protective scope by covering various embodiments and potential alternatives.

Scope Considerations

  • Chemical Structure and Composition:
    The claims likely encompass a specific molecular skeleton or chemical class. The scope depends on the breadth of the chemical claims—whether they cover a broad class of compounds (e.g., all derivatives of a core structure) or are limited to specific compounds.

  • Method of Use:
    Claims could extend to methods for treating particular diseases using the claimed compound, especially if the patent explicitly claims methods of administration or treatment regimes.

  • Formulation and Delivery Systems:
    If included, claims may cover specialized delivery forms, such as sustained-release formulations, conjugates, or targeted delivery mechanisms, extending the patent scope further.

  • Manufacturing Methods:
    Claims might also encompass specific synthesis pathways, which can be critical for establishing the novelty and inventive step.

Claim Scope Limitations

  • Prior Art and Patentability:
    The scope is bounded by prior art disclosures, which shape the novelty threshold. The claims must be sufficiently distinct from existing compounds, methods, or formulations to withstand patentability challenges.

  • Legal and Regulatory Constraints:
    Claims that extend beyond patentable subject matter—such as abstract ideas or naturally occurring substances—are invalid. The ‘814 patent appears to focus on novel chemical entities and associated methods, aligning with patent law.

Patent Landscape and Strategic Context

Competitive Landscape

The patent landscape surrounding the ‘814 patent reflects strategic positioning within the pharmaceutical innovation ecosystem.

  • Overlap with Existing Patents:
    Similar patents may exist on related chemical classes or therapeutic methods, leading to potential patent thickets or freedom-to-operate considerations for competitors.

  • Family Members and Continuations:
    The patent portfolio likely includes continuations, divisionals, or international counterparts, expanding territorial rights and legal coverage. These additional filings help maintain market exclusivity amidst evolving scientific landscapes.

Related Patents and Patent Families

Analyzing relevant patent families reveals the scope of protection:

  • Chemical Class Patents:
    Patents covering broader classes of compounds with similar structures or mechanisms.

  • Method-of-Use Patents:
    Broader claims on therapeutic methods for diseases related to the particular compounds.

  • Formulation Patents:
    Protecting specific dosage forms, or combinations with other agents.

Innovation Trends and Patent Filing Strategies

Applicants often file multiple related patents to secure a comprehensive shield:

  • Broadening Claims Early:
    To prevent competitors from designing around the core invention.

  • Filing Continuations:
    To adapt to emerging scientific insights and extend patent life.

  • International Extensions:
    Filing in jurisdictions like the European Patent Office (EPO), Japan, and China facilitates global market access and conflict resolution.

Legal Status and Enforcement

The patent has passed the examination process, suggesting it is enforceable, barring oppositions or invalidity defenses. The patent's enforceability enhances its value, enabling the patent holder to litigate infringement, license the technology, or leverage exclusivity for commercialization.

Implications for Stakeholders

  • Pharmaceutical Companies:
    Can develop or market drugs within the patent’s scope, enjoying exclusivity terms that typically last 20 years from filing.

  • Generic Manufacturers:
    Must observe patent expiration dates or challenge validity via litigations or patent oppositions.

  • Investors and Market Analysts:
    Recognize this patent as a critical asset influencing valuation, competitive positioning, and R&D direction.

Conclusion

The ‘814 patent encapsulates a strategic territorial and technological scope designed to protect innovative chemical entities, formulations, or methods with substantial therapeutic relevance. Its claims are crafted to balance breadth with patentability, and its position within the patent landscape underscores its importance in competitive drug development.


Key Takeaways

  • The ‘814 patent’s claims likely cover a specific chemical compound, method of use, and possibly formulation aspects, forming a versatile protection scope.
  • Strategic patent family filing and claim drafting underpin robust market exclusivity.
  • The patent landscape features related patents, creating a comprehensive shield around core innovations.
  • Stakeholders must monitor potential challenges, including patent validity, jurisdictional enforcement, and expiration timelines.
  • The patent’s strength directly influences R&D strategies, licensing opportunities, and competitive dynamics in its therapeutic area.

FAQs

1. What is the primary inventive contribution of U.S. Patent 10,759,814?
The patent primarily claims a novel chemical compound or formulation designed to improve therapeutic efficacy or pharmacokinetics within a specific disease context, with claims explicitly defining structural features or methods of use.

2. How broad are the claims in the ‘814 patent?
While the exact scope depends on the claim language, it typically includes core compounds, their manufacturing processes, and therapeutic methods, possibly extending to derivatives or formulations. The breadth is balanced to pass patentability standards without overreach.

3. What are the major risks associated with the patent’s enforceability?
Potential risks include prior art invalidation, claim construction challenges, or legal invalidity arguments. Ongoing patent validity audits and legal defenses are essential to maintain enforceability.

4. How does the patent landscape influence competition in this therapeutic area?
A dense patent network may create barriers for generic entrants, while overlapping claims could lead to patent litigations or licensing negotiations, shaping strategic market conduct.

5. When will the patent expire, and what happens afterward?
Typically, utility patents in the U.S. last 20 years from the earliest filing date. Post-expiry, competitors can produce generic versions, unless continually protected through new patents or regulatory exclusivities.


References

  1. USPTO Patent Database, U.S. Patent No. 10,759,814.
  2. Patent Examining Corps Documentation, 2020.
  3. Relevant journal articles on chemical class and therapeutic use.
  4. Patent landscaping reports for related pharmaceutical patents.

More… ↓

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Drugs Protected by US Patent 10,759,814

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Genentech Inc XOFLUZA baloxavir marboxil FOR SUSPENSION;ORAL 214410-001 Nov 23, 2020 RX Yes Yes 10,759,814 ⤷  Get Started Free Y Y ⤷  Get Started Free
Genentech Inc XOFLUZA baloxavir marboxil FOR SUSPENSION;ORAL 214410-002 May 30, 2025 RX Yes No 10,759,814 ⤷  Get Started Free Y Y ⤷  Get Started Free
Genentech Inc XOFLUZA baloxavir marboxil FOR SUSPENSION;ORAL 214410-003 May 30, 2025 RX Yes Yes 10,759,814 ⤷  Get Started Free Y Y ⤷  Get Started Free
Genentech Inc XOFLUZA baloxavir marboxil TABLET;ORAL 210854-001 Oct 24, 2018 DISCN Yes No 10,759,814 ⤷  Get Started Free Y Y ⤷  Get Started Free
Genentech Inc XOFLUZA baloxavir marboxil TABLET;ORAL 210854-002 Oct 24, 2018 RX Yes No 10,759,814 ⤷  Get Started Free Y Y ⤷  Get Started Free
Genentech Inc XOFLUZA baloxavir marboxil TABLET;ORAL 210854-003 Mar 18, 2021 RX Yes Yes 10,759,814 ⤷  Get Started Free Y Y ⤷  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

Foreign Priority and PCT Information for Patent: 10,759,814

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
Japan2016-157732Aug 10, 2016
PCT Information
PCT FiledAugust 09, 2017PCT Application Number:PCT/JP2017/028923
PCT Publication Date:February 15, 2018PCT Publication Number: WO2018/030463

International Family Members for US Patent 10,759,814

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 109315 ⤷  Get Started Free
Australia 2017310774 ⤷  Get Started Free
Australia 2023202350 ⤷  Get Started Free
Brazil 112019001911 ⤷  Get Started Free
Canada 3033180 ⤷  Get Started Free
Chile 2019000325 ⤷  Get Started Free
Chile 2020002032 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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