United States Patent 10,799,497: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 10,799,497, titled "Combination of dextromethorphan and bupropion for treating depression," is a significant patent in the field of pharmaceuticals, particularly in the treatment of depressive disorders. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background
The patent, issued to the assignee Axsome Therapeutics, Inc., pertains to dosage forms, drug delivery systems, and methods related to the sustained release of dextromethorphan and bupropion, two compounds known for their therapeutic effects in treating depression and other conditions[4].
Scope of the Patent
Therapeutic Application
The patent focuses on the combination of dextromethorphan and bupropion for the treatment of depression, including treatment-resistant depressive disorders. This combination is designed to enhance therapeutic effects and improve patient outcomes[4].
Dosage Forms and Drug Delivery Systems
The invention includes various dosage forms such as sustained-release formulations, immediate-release formulations, and prodrugs. These formulations are engineered to optimize the delivery of the active ingredients, ensuring consistent and effective therapeutic levels over an extended period[4].
Methods of Treatment
The patent describes methods for co-administering dextromethorphan and bupropion, which can include oral administration of the combination in specific dosages. The methods aim to achieve improved therapeutic effects while minimizing side effects[4].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims cover:
- The combination of dextromethorphan and bupropion in specific dosage forms.
- The sustained-release formulations of these compounds.
- Methods for treating depression using these combinations[4].
Dependent Claims
Dependent claims further specify the independent claims by detailing:
- Specific ratios of dextromethorphan to bupropion.
- Particular types of sustained-release formulations.
- Methods of administration, including oral dosing regimens[4].
Patent Landscape
Prior Art and Cited References
The patent cites several prior art references, including other patents and scientific literature related to the use of dextromethorphan and bupropion. These references highlight the existing knowledge in the field and how the current invention builds upon or differs from previous work[4].
International Patent Filings
To understand the global reach of this invention, it is essential to look at international patent filings. The USPTO's Global Dossier service can provide insights into related applications filed at participating IP Offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and others. This helps in identifying the patent family and any office actions or citations related to these applications[1].
Competing Patents
The patent landscape in pharmaceuticals is highly competitive. Other patents related to depression treatments, particularly those involving combinations of active ingredients, need to be considered. For example, patents related to other antidepressant combinations or novel delivery systems could be relevant competitors[1].
Economic and Market Impact
Market Demand
The demand for effective depression treatments is high, given the prevalence of depressive disorders. A combination therapy like the one described in this patent could capture a significant market share if proven effective and safe.
Regulatory Environment
The regulatory environment plays a crucial role in the approval and commercialization of pharmaceuticals. The USPTO's Patent Claims Research Dataset can provide insights into the trends and scope of patent claims in the pharmaceutical sector, which can be useful in understanding the regulatory landscape[3].
Technical Harmonization
International Cooperation
The Common Citation Document (CCD) application, which consolidates prior art citations from multiple IP offices, is an example of international cooperation aimed at harmonizing patent search processes. This can facilitate the evaluation of the current patent's novelty and non-obviousness across different jurisdictions[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These resources can help in conducting a comprehensive search of prior art and related patents[1].
Conclusion
United States Patent 10,799,497 represents a significant advancement in the treatment of depression through the combination of dextromethorphan and bupropion. Understanding the scope, claims, and broader patent landscape is crucial for navigating the competitive pharmaceutical industry and ensuring the commercial viability of this invention.
Key Takeaways
- The patent covers the combination of dextromethorphan and bupropion for treating depression.
- It includes various dosage forms and drug delivery systems.
- The claims are specific to the combination, formulations, and methods of treatment.
- The patent landscape involves prior art, international filings, and competing patents.
- Economic and market impact is significant due to high demand for effective depression treatments.
- Regulatory and technical harmonization are crucial for global approval and commercialization.
FAQs
Q: What is the primary focus of United States Patent 10,799,497?
A: The primary focus is on the combination of dextromethorphan and bupropion for treating depression.
Q: What types of dosage forms are described in the patent?
A: The patent describes sustained-release formulations, immediate-release formulations, and prodrugs.
Q: How can one search for related patents internationally?
A: Using the USPTO's Global Dossier service and other international patent databases such as the EPO's esp@cenet and WIPO's PATENTSCOPE.
Q: What tools does the USPTO provide for patent searching and analysis?
A: The USPTO provides tools like the Patent Public Search, Global Dossier, and the Patent Examination Data System (PEDS).
Q: Why is international cooperation important in patent searches?
A: International cooperation, such as the Common Citation Document (CCD) application, helps in consolidating prior art citations and facilitating the evaluation of novelty and non-obviousness across different jurisdictions.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US10799497B2: https://patents.google.com/patent/US10799497B2/en
