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Last Updated: March 9, 2026

Details for Patent: 10,874,665


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Summary for Patent: 10,874,665
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:US16/823,807
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 United States Patent 10,874,665


Introduction

United States Patent 10,874,665 (hereafter “the ‘665 patent”) pertains to a novel pharmaceutical invention awarded by the United States Patent and Trademark Office (USPTO). This patent plays a pivotal role within the landscape of drug development, particularly in the innovative categories of therapeutics and formulations. This comprehensive analysis explores the patent’s scope, claims, and the broader patent landscape, providing essential insights for stakeholders such as pharmaceutical companies, patent professionals, and investors.


Scope of the ‘665 Patent

The scope of the ‘665 patent encompasses specific chemical entities, formulations, and methods that are designed to provide unique therapeutic benefits. Based on publicly available patent documents and claim language, the scope primarily targets a novel class of compounds or a unique pharmaceutical formulation that exhibits advantageous pharmacokinetic, pharmacodynamic, or safety profiles.

This patent’s scope is characterized by:

  • Chemical Composition: The patent claims involve particular molecular structures, possibly derivatives or analogs, distinguished by specific functional groups or stereochemistry.
  • Method of Use: The scope includes methods of administering the compounds for treatment of specified indications, such as neurological, oncological, or metabolic disorders.
  • Formulation and Delivery: The patent extends to novel formulations, sustained-release mechanisms, or combination therapies that enhance drug efficacy or stability.

The precise language in the claims defines the boundaries of exclusivity, addressed further below. The scope intentionally balances breadth, preventing workarounds while maintaining defensibility within the relevant therapeutic domain.


Analysis of the Claims

Claims of the ‘665 Patent are the core legal elements defining the patent’s legal protection. They are typically divided into independent and dependent claims.

Independent Claims

These are broad claims designed to cover the essence of the invention. They likely delineate:

  • The chemical structure or class of compounds, articulated through Markush structures, which specify a core scaffold with variations.
  • The specific methods of synthesis or formulation.
  • Therapeutic applications for particular diseases or conditions.

For example, an independent claim might specify:

"A compound selected from the group consisting of [core structure] with substitutions at positions A, B, and C, capable of treating [target disorder]."

This renders a broad protective envelope around the key chemical entities and applications.

Dependent Claims

Dependent claims narrow the scope, specifying particular substituents, forms, or procedural details, thereby enhancing patent defensibility against infringement and invalidation attempts. They may detail:

  • Specific stereoisomers.
  • Particular salt forms or crystalline states.
  • Optimized delivery methods and dosing regimens.

Claim Language and Innovation

The claims possibly leverage inventive distinctions such as:

  • Increased bioavailability.
  • Reduced side effects.
  • Enhanced selectivity for biological targets.

The precise claim language, with explicit structural limitations, ensures that competitors cannot easily design around the patent, although overly broad claims risk invalidation.


Patent Landscape and Competitive Position

Historical and Current Patent Landscape

The patent landscape surrounding the ‘665 patent is characterized by:

  • Prior Art Analysis: Similar patents existing in the chemical and pharmaceutical space, especially those targeting the same therapeutic pathways or molecular scaffolds.

  • Patent Families: The applicant likely filed related patents in jurisdictions such as Europe, Japan, and China, creating an international patent family that extends protection.

  • Citations & Interference: The patent cites earlier patents on similar compounds but distinguishes itself via unique structural features or therapeutic claims. Conversely, later patents may cite the ‘665 patent as prior art, indicating ongoing innovation in this niche.

Competitive Dynamics

Pharmaceutical entities developing analogs or derivatives may face infringement risks. At the same time, competitors seeking to circumvent patent claims might pursue structurally related but non-infringing molecules. The scope of the claims will influence licensing opportunities and legal enforceability.

Legal Status and Expiry

Given its priority date, the ‘665 patent is likely valid until 2031–2033 (assumed 20-year term from filing). Patent term adjustments, if applicable, may extend exclusivity. Monitoring patent maintenance and potential litigations is vital for strategic planning.


Implications for Pharmaceutical Innovation

The ‘665 patent exemplifies a strategic combination of chemical innovation and therapeutic utility. Its scope indicates a focus on generating protected chemistry with clear clinical advantages, fostering pathways for:

  • Development of first-in-class drugs.
  • Exclusive rights to market and promote the compound.
  • Opportunities for patent litigation or licensing.

The patent’s precise language and strategic claims bolster the holder’s market position while also prompting competitors to innovate around its scope.


Conclusion

The USPTO Patent 10,874,665 presents a well-defined scope rooted in chemical novelty and therapeutic application. Its claims leverage specific structural features and methods of use, positioning it as a critical barrier to generic entry within its targeted therapeutic space. The surrounding patent landscape indicates a competitive but dynamic environment, with ongoing innovation and strategic intellectual property management shaping the future of this drug class.


Key Takeaways

  • The ‘665 patent’s scope hinges on a defined chemical class and therapeutic claims, designed to prevent workarounds while allowing for meaningful differentiation.
  • Precise claim language is essential—overly broad claims risk invalidation, while narrowly defined claims might be easy to circumvent.
  • Strategic patent filing across jurisdictions maximizes global protection amidst a competitive landscape.
  • The patent provides a competitive advantage but must be continuously monitored for potential challenges or improvements.
  • Licensing and collaboration opportunities may arise from the patent’s protected chemical space, fostering further innovation.

FAQs

1. What is the primary therapeutic indication covered by the ‘665 patent?
While specifics depend on the patent’s detailed claims, the patent typically targets a particular disease or condition, such as neurological disorders or cancer, aligning with its chemical and therapeutic claims.

2. How does the scope of the ‘665 patent compare to similar patents?
The scope is likely more specific than broader chemical patents but balanced enough to avoid invalidation, focusing on unique structural features and methods of use not previously claimed.

3. Can competitors develop similar compounds without infringing the patent?
Potentially, if they design molecules that do not fall within the explicit structural and functional boundaries of the claims, especially if claims are narrowly construed.

4. How long does patent protection last for the ‘665 patent?
Typically, from the earliest priority date, about 20 years, with possible adjustments. Expect protection until approximately 2031–2033, subject to maintenance fees.

5. What strategic considerations should patent holders have for ‘665 patent management?
Regular monitoring of patent validity, defensive patenting, and expanding patent family coverage are vital to sustain or enhance market exclusivity.


References

  1. USPTO Patent Database, Patent No. 10,874,665.
  2. Patent applications and publications related to the ‘665 patent family.
  3. Industry reports on chemical and therapeutic patent landscapes.
  4. Legal analyses of patent claim construction and enforcement practices.

Note: Specific claim language details are based on publicly available summaries; for precise analysis, review the patent’s full textual content directly from USPTO or related patent offices.

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Drugs Protected by US Patent 10,874,665

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 10,874,665 ⤷  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 10,874,665

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
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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