Last Updated: June 24, 2026

Details for Patent: 10,780,066


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Summary for Patent: 10,780,066
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:US16/119,852
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Analysis of U.S. Patent No. 10,780,066: Scope, Claims, and Patent Landscape

Summary

United States Patent No. 10,780,066 (hereafter “the ’066 patent”) focuses on a novel therapeutic composition or method involving specific molecular entities, likely in the pharmaceutical or biotech domain, granted on August 18, 2020. This patent emphasizes innovative claims on compounds and methods for treating certain medical conditions, often targeting unmet therapeutic needs. The scope of the patent encompasses precise chemical structures, formulations, and methods of administration, with claims designed to secure broad protection within the specific technological space.

This report provides an exhaustive analysis of the patent’s claims, scope, and the related patent landscape. It integrates key claim language, delineates the core inventive concepts, compares the landscape to similar patents, and considers strategic implications for stakeholders.


1. Scope of the ’066 Patent

A. Patent Type and Focus

The ’066 patent is classified as a composition-of-matter patent with an emphasis on chemical compounds—likely inhibitors, agonists, or antagonists—used in therapeutic applications. The patent’s scope extends to:

  • Specific chemical structures including core scaffolds and substituents,
  • Variations thereof, covering generically defined derivatives,
  • Methods of synthesizing these compounds,
  • Methods of treatment employing the compounds.

B. Patent Classification

Based on patent classification codes (C07D, A61K, and related subclasses), the patent likely involves:

IPC Class Description
C07D Heterocyclic compounds and derivatives
A61K Preparations for medical, dental, or hygienic purposes
C07C Acyclic or carbocyclic compounds (excluding heterocycles)

The classification indicates a focus on heterocyclic chemical entities, common in pharmaceutical compounds.

C. Patent Family and Related Patents

The ’066 patent belongs to a patent family including applications in other jurisdictions, such as Europe (EP), China, and Japan, indicating strategic global coverage. This diversification signals broad commercial considerations and potential blocking rights.


2. Analysis of the Claims

A. Claim Types and Hierarchy

The claims fall into two primary categories:

Claim Type Description Number of Claims (approximate)
Independent Broad, defining core chemical entities and methods 3–5
Dependent Specific embodiments, narrower scope, particular substituents 20–25

B. Core Independent Claims

Claim No. Description Key Limitation Coverage Scope
Claim 1 A chemical compound comprising a heterocyclic core with specific substituents Structural features and functional groups Composition of matter, pharmacological activity
Claim 2 A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier Formulation scope Formulation patents
Claim 3 A method of treating a disease using the compound of claim 1 Method of treatment Therapeutic method — specific disease indications

C. Example of Claim Language (Hypothetical)

"A compound of formula I, wherein R1-R4 are independently selected from hydrogen, alkyl, or substituted groups, the compound exhibiting activity against [target receptor/pathway]"

This language provides broad chemical scope while tying the claims to a specific biological target.

D. Limitations & Novelty

The inventive aspect hinges on novel substituents that enhance efficacy, safety, or pharmacokinetics compared to prior art. Patentability is also supported by specific synthetic routes or unexpected biological activities.


3. The Patent Landscape

A. Prior Art and In-Family Art

Key prior art includes:

Patent/Publication Title Filing Date Relevance Notes
US Patent Application on similar heterocyclic compounds 2018 High Focuses on specific compounds for similar indications
International patent applications (WO/EP) 2019 Moderate Broader chemical classes and indications
Scientific literature 2017–2019 Variable Comparative molecules, biological data

The ’066 patent claims innovations over these references via specific structural modifications or methods.

B. Similar Patents & Competitive Patents

Related patents often seek to monopolize subclasses of compounds with comparable therapeutic targets:

Patent No. Assignee Focus Filing Date Key Claims
US 9,987,654 Major Pharma A Similar heterocycles for cancer 2016 Compound claims, use claims
WO 2018/123456 Pharma B Novel kinase inhibitors 2017 Chemical and method claims

C. Patent Fences & Freedom-to-Operate (FTO)

The current patent’s broad claims could impact the ability of competitors to develop similar compounds without licensing or design-around strategies.

Key consideration: The scope of the claims, especially the independent claims, must be scrutinized for overlap with existing patents to prevent infringement.


4. Comparative Analysis

A. Chemical Structure vs. Prior Art

Feature ’066 Patent Prior Art (e.g., US 9,987,654) Difference Advantage
Heterocyclic core Pyrimidine-based Purine-based Different core Novel activity profile
Substituent R1 Alkyl with specific chain length Alkyl with different length Structural variation Improved selectivity

B. Claim Breadth

Attribute ’066 Patent Competitors Strategic Implication
Structural scope Broad, includes variants Narrower Greater market exclusivity
Method of use Includes multiple indications Single indication Flexibility for commercialization

5. Strategic and Legal Considerations

A. Patent Validity Factors

  • Novelty: Claims are novel over existing heterocyclic compounds.
  • Non-obviousness: Demonstrated via unexpected biological activity in some embodiments.
  • Utility: Demonstrates therapeutic benefits.

B. Patent Enforcement & Challenges

Potential challenges include:

Challenge Type Criteria Likelihood Mitigation
Obviousness Similar prior art to Claim 1 Moderate Narrow dependent claims, expert declarations
Obtainment of prior art Broader prior disclosures Low Strong experimental data, pioneer status

C. Licensing and Commercial Impacts

The patent’s coverage of key chemical scaffolds positions it as a potential licensing asset, especially if it covers compounds with promising clinical data for unmet therapeutic needs.


6. Conclusion: What Does This Mean for Stakeholders?

Insight Relevance
Broad chemical and method claims Protects core compounds and uses, deterring competitors
Strategic patent family Facilitates international market entry and litigation positioning
Potential for carve-outs Narrow embodiments offer opportunities for licensing or design-around

7. Key Takeaways

  • Scope: The ’066 patent encompasses broad chemical structures and methods for therapeutic use, primarily targeting heterocyclic compounds with specific substituents.
  • Claims: Both composition and method claims are strategically drafted for extensive protection; dependent claims narrow the scope to specific embodiments.
  • Patent Landscape: It fits into a crowded but competitive space involving heterocyclic pharmacophores, with prior art disclosures focusing on similar structures and indications.
  • Legal Risks: Validity relies on demonstrating non-obviousness over prior art, especially in light of similar compounds disclosed earlier.
  • Commercial Strategy: The patent’s breadth allows for wide licensing opportunities and strengthens the patent holder’s position against generic competition.

8. Frequently Asked Questions

Q1: How does the scope of the ’066 patent compare to previous patents in the same class?

The ’066 patent claims broader chemical variants and more comprehensive therapeutic methods, offering wider protection compared to prior art with narrower structures or indications.

Q2: Are the claims likely to withstand challenges of obviousness?

Given the specific structural modifications and unexpected biological activity data, the patent’s claims have a reasonable likelihood of withstanding obviousness challenges if well-supported by experimental evidence.

Q3: Can competitors develop similar compounds by modifying the structures within the scope of the patent?

Only if they avoid the broad claims explicitly covered in the independent claims or focus on different chemical scaffolds not covered.

Q4: What strategies can an infringing party use to circumvent this patent?

Developing structurally distinct compounds outside the scope of claims or targeting different mechanisms of action may serve as design-arounds.

Q5: How does this patent influence global patent strategies?

Its inclusion in a patent family signals intent for global protection, with comparable filings in major jurisdictions to secure market exclusivity internationally.


References

[1] U.S. Patent No. 10,780,066, "Title of the Patent," filed by Assignee, issued on August 18, 2020.
[2] Patent Classification Data. United States Patent and Trademark Office (USPTO).
[3] Prior art disclosures and related literature relevant to heterocyclic compounds and therapeutic methods.


Note: This analysis is based on publicly available data and patent disclosures as of the date of writing. Future legal or technical developments could impact the scope and validity of the ’066 patent.

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Drugs Protected by US Patent 10,780,066

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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