United States Patent 10,874,663: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,874,663, titled "Bupropion as a modulator of drug activity," is a significant patent that delves into the use of bupropion in modifying the activity of other drugs, particularly dextromethorphan. This analysis will explore the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent, numbered US10,874,663B2, was granted by the United States Patent and Trademark Office (USPTO)[4].
Inventive Concept
The patent describes dosage forms, drug delivery systems, and methods related to the sustained release of dextromethorphan and the improvement of its therapeutic effects through the use of bupropion as a modulator. Bupropion, commonly known for its use in treating depression and smoking cessation, is here utilized to enhance the efficacy and duration of action of dextromethorphan, a cough suppressant.
Scope of the Patent
Claims
The patent includes several claims that define the scope of the invention. These claims can be broadly categorized into:
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Composition Claims: These claims describe the specific formulations that include bupropion and dextromethorphan. For example, the patent claims compositions where bupropion is used to modulate the activity of dextromethorphan, enhancing its therapeutic effects[4].
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Method Claims: These claims outline the methods of administering the drug combinations, including sustained-release formulations and immediate-release formulations. The methods also include specific dosing regimens and administration schedules[4].
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Use Claims: These claims specify the therapeutic uses of the drug combinations, such as treating conditions like treatment-resistant depressive disorder and other diseases where dextromethorphan's efficacy can be enhanced by bupropion[4].
Prior Art and Novelty
The patent distinguishes itself from prior art by introducing a novel combination of bupropion and dextromethorphan, which was not previously known or used in this specific manner. The novelty lies in the synergistic effect of bupropion on dextromethorphan, which improves its therapeutic profile.
Claims Analysis
Independent Claims
The independent claims are crucial as they define the broadest scope of the invention. For instance, Claim 1 might describe a pharmaceutical composition comprising bupropion and dextromethorphan, while Claim 2 might describe a method of treating a specific condition using this composition[4].
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding additional limitations. These claims provide further specificity and can help in defending the patent against potential infringement by showing a range of embodiments that are protected.
Patent Landscape
Related Patents and Applications
The patent landscape for this invention includes other patents and applications related to drug delivery systems, sustained-release formulations, and the use of bupropion and dextromethorphan. For example, other patents might cover different combinations of drugs or alternative delivery mechanisms, but the unique combination and method described in US10,874,663B2 sets it apart[4].
Global Dossier and International Filings
To understand the global reach of this patent, one can use the Global Dossier service provided by the USPTO. This service allows users to see the patent family for a specific application, including related applications filed at participating IP Offices. This can help in identifying similar patents or applications in other jurisdictions[1].
Citation Data
The Common Citation Document (CCD) application can be used to consolidate prior art citations from multiple patent offices, providing a comprehensive view of the prior art landscape relevant to this patent[1].
Economic and Market Impact
Market Potential
The combination of bupropion and dextromethorphan has significant market potential, particularly in the treatment of conditions where current therapies are inadequate. The improved therapeutic effects and sustained release formulations can offer better patient outcomes and compliance, which can drive market demand.
Competitive Landscape
The competitive landscape includes other pharmaceutical companies working on similar drug combinations or delivery systems. The uniqueness of the bupropion-dextromethorphan combination and the specific methods described in the patent provide a competitive edge, but continuous innovation and patent filings in this area can pose challenges.
Legal Status and Enforcement
Legal Status
The legal status of the patent is active, indicating that it is currently enforceable. However, the legal status is subject to change based on various factors such as maintenance fees, litigation, or re-examination[4].
Enforcement
To enforce this patent, the patent holder must monitor for potential infringement and take legal action if necessary. This involves identifying products or methods that infringe on the claims of the patent and pursuing legal remedies such as injunctions or damages.
Conclusion
United States Patent 10,874,663 represents a significant advancement in the field of pharmaceuticals, particularly in the modulation of drug activity using bupropion. The scope of the patent, defined by its claims, covers a range of compositions, methods, and uses that enhance the therapeutic effects of dextromethorphan. Understanding the patent landscape, including related patents and international filings, is crucial for navigating the competitive environment and ensuring the enforcement of this patent.
Key Takeaways
- Unique Combination: The patent describes a novel combination of bupropion and dextromethorphan.
- Therapeutic Enhancements: The combination enhances the therapeutic effects and duration of action of dextromethorphan.
- Sustained Release: The patent includes sustained-release formulations, which improve patient compliance.
- Market Potential: The invention has significant market potential in treating various conditions.
- Competitive Edge: The uniqueness of the combination and methods provides a competitive edge in the pharmaceutical market.
FAQs
Q: What is the main inventive concept of US10,874,663B2?
A: The main inventive concept is the use of bupropion to modulate the activity of dextromethorphan, enhancing its therapeutic effects.
Q: What types of claims are included in the patent?
A: The patent includes composition claims, method claims, and use claims.
Q: How does the patent distinguish itself from prior art?
A: The patent distinguishes itself by introducing a novel combination of bupropion and dextromethorphan, which was not previously known or used in this specific manner.
Q: What is the significance of the Global Dossier in understanding this patent?
A: The Global Dossier helps in seeing the patent family for a specific application, including related applications filed at participating IP Offices, providing a global perspective on the patent.
Q: What is the current legal status of the patent?
A: The patent is currently active, indicating it is enforceable.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: 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 - US10874663B2: https://patents.google.com/patent/US10874663
- Unified Patents Portal - US-20200206217-A1: https://portal.unifiedpatents.com/patents/patent/US-20200206217-A1
