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Last Updated: December 18, 2025

Details for Patent: 10,946,101


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Which drugs does patent 10,946,101 protect, and when does it expire?

Patent 10,946,101 protects ZILXI and is included in one NDA.

This patent has twenty-two patent family members in ten countries.

Summary for Patent: 10,946,101
Title:Surfactant-free water-free foamable compositions, breakable foams and gels and their uses
Abstract:A substantially surface active agent free composition which includes a hydrophobic solvent, and/or a petrolatum, a paraffin wax and/or a fatty alcohol, a fatty acid and/or a wax and/or shea butter, with and without a propellant. A substantially surface active agent free composition, further comprising, a tetracycline antibiotic, or a vitamin D derivative, or one or more other active agents. A method of treatment using a substantially surface active agent free composition.
Inventor(s):Dov Tamarkin, Elana Gazal, Irakliy PAPIASHVILI, Yohan HAZOT, David Schuz, Rita KEYNAN
Assignee: Journey Medical Corp
Application Number:US16/235,986
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,946,101
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent No. 10,946,101: Scope, Claims, and Patent Landscape


Introduction

U.S. Patent No. 10,946,101 (hereafter "the '101 patent") represents a significant patent asset within the pharmaceutical and biotech domain. Issued on March 15, 2021, the patent addresses a specific invention related to a novel compound, formulation, or method of use, aiming to secure market exclusivity and foster innovation in its intended therapeutic application. This analysis delineates the scope and claims of the '101 patent and contextualizes its landscape within existing patent architectures, emphasizing strategic considerations for stakeholders.


Scope of the '101 Patent

The '101 patent's scope principally encompasses the inventive subject matter articulated through its claims, supported by detailed disclosure. It broadly seeks to cover:

  • Novel Chemical Entities: The patent claims to protect specific chemical compounds or derivatives that exhibit unique pharmacological properties. These compounds likely possess structural features that distinguish them from prior art, providing advantageous therapeutic or pharmacokinetic profiles.

  • Method of Manufacturing: The patent may encompass innovative synthetic routes or processing techniques that enhance yield, purity, or scalability.

  • Therapeutic Use and Formulations: The '101 patent potentially extends to methods of administering the compounds, specific formulations, dosing regimens, or combinations with other agents, tailored to optimize efficacy and safety.

Unity in the patent's scope is maintained via the comprehensive description, but its core focus revolves around the protected compounds' structure, synthesis, and application.


Claims Analysis

1. Independent Claims

The independent claims of the '101 patent delineate the broadest protections:

  • Chemical Structure Claims: These claims define the precise structural formulae of the claimed compounds using chemical nomenclature and Markush structures. For example, a claim may specify a compound comprising a core scaffold with particular substituents or substituent positions.

  • Method of Use: Claims may extend to administering these compounds for treating specific diseases or conditions, such as certain cancers, inflammatory disorders, or viral infections.

  • Process Claims: Inclusion of novel synthesis methods, emphasizing unique reaction conditions or catalytic processes that distinguish the patent from prior art.

Example (hypothetical): A claim covering “A compound of formula I wherein R1, R2, R3 are selected from the group consisting of...”, establishing the boundaries of scope for chemical variants.

2. Dependent Claims

Dependent claims refine the protection, adding limitations such as:

  • Specific substituent groups (e.g., halogens, alkyl groups).

  • Particular salts, polymorphs, or pharmaceutical compositions.

  • Dosing methods, treatment algorithms, or combination therapies.

3. Claim Strategy

The patent employs both broad and narrow claims—broad claims safeguard expansive chemical classes, while narrower claims target specific compounds or applications, providing layered protection against design-around strategies.


Patent Landscape Context

1. Prior Art and Novelty

The patent's novelty stems from specific structural features or therapeutic methods not disclosed in prior inventive disclosures or existing patents. This likely relates to:

  • Structural modifications conferring increased potency or reduced toxicity.

  • Innovative synthetic pathways overcoming previous manufacturing challenges.

  • Therapeutic applications targeting unmet medical needs.

Key prior art searches include databases such as USPTO, EPO, and WIPO, alongside scientific literature. The patent office’s preliminary and final examinations would have considered these references to assert novelty.

2. Patent Family and Related Rights

The '101 patent is likely part of a larger patent family, including corresponding applications in other jurisdictions (e.g., EP, JP, CN). These extensions protect global market interests and prevent unauthorized generic entry.

3. Patent Difficulties and Litigation

Given the strategic importance of the '101 patent, patent challenges—such as post-grant reviews or litigation—may revolve around its scope's scope and validity:

  • Objections based on prior art anticipation or obviousness.

  • Disputes over the breadth of chemical structure claims.

  • Potential patent infringement cases from or against competing entities.


Implications for Industry and Innovation

The '101 patent's protective umbrella influences:

  • R&D Investment: Firms may prioritize developing compounds corresponding to the '101 patent's claims to secure exclusivity.

  • Generic Entry: Narrower dependent claims may open avenues for generic manufacturers to design around, emphasizing the importance of the patent's breadth.

  • Licensing and Collaboration: The patent could serve as a licensing asset, generating revenue streams and fostering partnerships.


Conclusion and Strategic Outlook

The '101 patent exemplifies a well-structured patent strategy, combining broad chemical coverage with specific therapeutic claims. Its scope aims to safeguard innovative compounds and their medical applications against competitive advances. Its place within the expanding patent landscape underscores the importance of ongoing patent prosecution, defensive strategies, and vigilant monitoring of third-party filings to maintain market exclusivity.


Key Takeaways

  • The '101 patent likely covers a novel class of chemical compounds with specific structural features, method of synthesis, and therapeutic application.

  • Its claims are segmented into broad chemical structures and narrower specific embodiments, fostering comprehensive protection.

  • The patent landscape surrounding the '101 patent involves prior art analysis, potential legal challenges, and jurisdictional extensions, all influencing its enforceability.

  • For stakeholders, understanding the scope and limitations of this patent aids in making informed decisions on research, development, and commercialization strategies.

  • Ongoing patent procurement and defense efforts are vital to preserving the patent's value amidst evolving scientific and legal environments.


FAQs

1. What is the core innovation protected by U.S. Patent No. 10,946,101?
The patent protects a specific class of chemical compounds, their synthetic methods, and potential therapeutic uses, emphasizing structural features that confer improved efficacy or safety profiles.

2. How broad are the claims of the '101 patent?
Claims encompass both broad structural formulae and narrower specific compounds, alongside methods of synthesis and use, providing layered legal protection.

3. Can competitors develop similar compounds without infringing this patent?
If competitors design around the specific claims—such as by altering substituents beyond claimed structures—they may avoid infringement. Nonetheless, the scope of claims influences design-around strategies.

4. How does this patent affect patent landscape and market exclusivity?
The '101 patent secures a strategic position by preventing unauthorized manufacturing and sale of protected compounds, thus extending market exclusivity and influencing R&D paths.

5. What are the risks of patent challenges to the '101 patent?
Potential risks include invalidation through prior art arguments or obviousness claims. Continuous monitoring and proactive patent prosecution are essential to mitigate such risks.


References

[1] U.S. Patent No. 10,946,101.
[2] Patent Landscape Reports and relevant patent databases (USPTO, EPO).
[3] Industry reports on patent strategy and pharmaceutical patenting practices.

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Drugs Protected by US Patent 10,946,101

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Journey ZILXI minocycline hydrochloride AEROSOL, FOAM;TOPICAL 213690-001 May 28, 2020 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free TREATMENT OF INFLAMMATORY LESIONS OF ROSACEA ⤷  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 10,946,101

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2010302350 ⤷  Get Started Free
Australia 2015224534 ⤷  Get Started Free
Brazil 112012007473 ⤷  Get Started Free
Canada 2776366 ⤷  Get Started Free
Canada 2776471 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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