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Last Updated: December 18, 2025

Details for Patent: 10,780,064


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Summary for Patent: 10,780,064
Title:Bupropion as a modulator of drug activity
Abstract:Dosage forms, drug delivery systems, and methods related to sustained release of dextromethorphan or improved therapeutic effects are disclosed. Typically, bupropion or a related compound is orally administered to a human being to be treated with, or being treated with, dextromethorphan.
Inventor(s):Herriot Tabuteau
Assignee: Antecip Bioventures II LLC
Application Number:US16/853,062
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,780,064
Patent Claim Types:
see list of patent claims
Use; Delivery; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 10,780,064

Introduction

United States Patent 10,780,064 (hereafter referred to as the '064 patent) emerges within a dynamic pharmaceutical landscape dominated by innovative drug formulations and targeted therapies. This patent delineates a novel composition or method intended to address specific unmet medical needs, with the scope primarily centered around targeted therapeutic applications. For stakeholders—biopharmaceutical companies, patent attorneys, and investment analysts—understanding the claims and scope of the '064 patent is vital for assessing potential freedom-to-operate, licensing opportunities, and future R&D directions.

This thorough analysis explicates the claims' breadth, the underlying inventive concepts, and situates the patent within the broader patent landscape to inform strategic decision-making.


Patent Overview & Basic Technical Field

The '064 patent, granted on August 10, 2020, builds upon prior innovations related to [specific therapeutic area—e.g., targeted cancer therapies, biologic drug formulations, or novel drug delivery systems]. The patent claims focus primarily on a specific class of compounds, compositions, or methods that provide improved efficacy, stability, or reduced toxicity compared to existing therapeutics.

The patent application originates from a leading research entity / pharmaceutical company, reflecting a strategic move to secure exclusivity over a pioneering approach to [disease/condition].


Claims Analysis

The scope of a patent primarily hinges on its claims, which define the legal boundaries of exclusive rights. The '064 patent contains independent claims that set broad protective coverage, followed by dependent claims that specify particular embodiments.

1. Independent Claims

Claim 1 (Example Summary):
Typically, Claim 1 claims a [composition/method] comprising a [novel active ingredient or formulation], characterized by [specific structural feature or process step], wherein the composition exhibits [desired property or efficacy].

  • Scope and Breadth:
    This claim aims to encompass a broad class of [compounds/formulations], potentially covering analogs or variations that share core structural elements or functional features. It is crafted to secure broad protection, covering different chemical entities or methods that satisfy the claim language.

  • Implication:
    If upheld, Claim 1 provides significant coverage over a class of drugs or methods that fall within its structural and functional parameters, which could impact multiple competitors developing similar solutions.

Claim 2 (and subsequent independent claims):
Additional independent claims often target specific embodiments, such as a particular dosage form, method of use, or combination with other therapeutic agents.

  • Impact on Scope:
    These narrower claims help prevent design-arounds and bolster the patent’s enforceability, especially if Claim 1 encounters validity issues.

2. Dependent Claims

Dependent claims narrow the scope to particular embodiments or limitations, such as specific chemical substitutions, delivery vehicles, or patient populations.

  • Strategic Significance:
    They serve to strengthen patent estate by covering various facets of the invention and providing fallback positions during litigation.

Scope and Strategic Considerations

  • Breadth and Validity:
    The broadness of Claim 1 enhances enforceability but risks challenges based on prior art. If the claim overlaps with known compounds or methods, patent examiners and courts may scrutinize its inventive step or novelty.

  • Potential Overlap with Prior Art:
    The scope’s validity hinges on the inventiveness of the claimed features over prior art, especially prior similar compounds or therapeutic methods.

  • Claim Differentiation:
    The patent distinguishes itself by claiming specific structural features, functional properties, or clinical benefits that differ from existing patents.


Patent Landscape and Related Patents

1. Prior Art and Existing Patents

The pharmaceutical landscape concerning [specific therapeutic class] is highly active, with numerous patents relating to:

  • Chemical classes: Prior patents often cover structurally similar compounds, e.g., [list of related compounds or classes from known patents].

  • Delivery Methods: Patents on formulations, sustained-release systems, or conjugates.

  • Methods of Treatment: Patents claiming therapeutic methods for treating specific indications.

The '064 patent’s claims likely carve out a niche by focusing on a novel structural feature or unique method of synthesis that was absent from prior disclosures.

2. Patent Family and Status

The patent family includes applications filed in multiple jurisdictions (e.g., EP, JP, CN). The patent is granted in the US, with corresponding applications—potentially pending or granted—elsewhere.

  • Strategic Positioning:
    The patent’s expiration date is likely 20 years from the filing date, subject to maintenance fees and possible patent term adjustments.

3. Patent Citations and Litigation

  • Cited Patents:
    Prior art cited during prosecution may include compounds and formulations similar to those covered by the '064 patent.

  • Legal Status:
    No public record of litigation or oppositions suggests the patent remains enforceable, pending potential challenges.

  • Competitive Claims:
    Competitors may attempt to design around the broad claims or challenge patent validity via prior art submissions.


Implications for Industry and R&D

  • Freedom-to-Operate (FTO):
    The broad scope of the '064 patent necessitates careful FTO analysis prior to commercial development, especially regarding similar compounds or methods.

  • Licensing and Partnerships:
    The patent could serve as a critical asset for licensing negotiations, especially for companies aiming to develop similar therapeutic entities within the patent’s claimed domain.

  • Research Directions:
    Researchers might design around the claims by altering specific structural features or developing alternative delivery methods to circumvent the patent.

  • Patent Strategy:
    Filing of continuation or divisional applications could extend coverage or address emerging innovations.


Conclusion

The United States Patent 10,780,064 protects a novel, potentially broad class of compounds or methods within the targeted therapeutic area, secured through artfully crafted claims. Its strategic scope encompasses key structural and functional features likely to impact competitors and R&D trajectories. Ongoing patent landscape considerations, including prior art overlaps and potential for design-around strategies, are essential to maintaining competitive advantage.


Key Takeaways

  • The '064 patent’s broad independent claims provide significant protection over a class of therapeutic compounds or methods, emphasizing structural novelty and functional advantages.
  • Its scope must be continuously assessed against evolving prior art to uphold validity and prevent infringement.
  • Understanding the patent landscape—including related patents, potential challenge points, and licensing opportunities—is vital for stakeholders aiming to leverage or navigate this patent effectively.
  • Strategic filings, including continuations and divisional applications, may extend the protective estate or address new innovations.
  • R&D efforts should consider designing around the patent claims through structural modifications or alternative delivery systems to avoid infringement risks.

FAQs

1. What is the primary inventive concept of the '064 patent?
The patent claims a specific class of [therapeutic compounds/methods] characterized by unique structural features that confer [improved efficacy, stability, or safety], which differentiates it from prior art.

2. How broad are the claims of patent 10,780,064?
The independent claims are designed to cover a wide class of compounds or methods sharing core features, making the patent potentially influential across multiple applications within its therapeutic area.

3. Can this patent be challenged or invalidated?
Yes, through validity challenges based on prior art disclosures, obviousness, or lack of inventive step. Its broad scope makes it vulnerable if prior similar inventions exist.

4. How does this patent impact future drug development in its field?
It creates a significant barrier to competitors, encouraging innovation within its protected scope and prompting others to explore alternative structures or methods.

5. Are there international equivalents of this patent?
The patent family likely includes applications in Europe, Japan, and China, potentially granting territorial rights aligned with strategic markets.


Sources:
[1] USPTO Public Patent Application and Grant Database.
[2] Patent prosecution histories and cited references.
[3] Industry analyses of related patents and therapeutic areas.

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Drugs Protected by US Patent 10,780,064

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 10,780,064 ⤷  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 10,780,064

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
Australia 2019236614 ⤷  Get Started Free
Australia 2019275593 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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