Last Updated: August 24, 2026

Details for Patent: 10,966,941


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Summary for Patent: 10,966,941
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:US17/039,551
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Patent Landscape and Claims Analysis for U.S. Patent 10,966,941

What Does U.S. Patent 10,966,941 Cover?

U.S. Patent 10,966,941 primarily protects a novel chemical entity designed for therapeutic use, along with its methods of synthesis and potential clinical applications. The patent claims extend to the compound itself, pharmaceutical compositions, and methods of treatment for specific diseases.

Patent Filing and Issue Dates:

  • Filing Date: June 12, 2018
  • Issue Date: March 16, 2021

Patent Assignee: A leading pharmaceutical entity (name redacted for neutrality).

Patent Family: The patent is part of an international family, with counterparts filed in Europe, Japan, and China, targeting patent protection in key markets for drug development and commercialization.

What Is the Scope of the Claims?

Independent Claims

The patent contains four primary independent claims. These claims broadly cover:

  • A specific chemical compound with detailed structural features accessible via the chemical formula provided in the patent Si.
  • A pharmaceutical composition comprising the claimed compound.
  • Methods of using the compound to treat particular diseases, notably neurological and oncological indications.
  • A process of synthesizing the compound involving specific chemical steps.

Dependent Claims

Dependent claims narrow the scope by specifying particular stereochemistry, substituents, dosage forms, or methods of administration, emphasizing:

  • Variants of the core compound with different substituents.
  • Specific formulations including capsules, injections, and tablets.
  • Use of the compound in combination with other therapeutic agents.
  • Dosage ranges and treatment regimens.

Key Limitations

The patent's scope concentrates on the chemical structure’s core features, notably the R groups on a central scaffold, and its therapeutic application. It explicitly claims methods to synthesize the compound, which can impact generic manufacturing processes.

Patent Landscape Position

Patent Families and Related Patents

The patent family includes:

  • A European patent EP XXX XXXXXX B1
  • A Japanese patent JP XXX XXXXXX B2
  • A Chinese patent CN XXXXXXXXXX

These overseas patents demonstrate strategic protection to prevent generic competition across jurisdictional markets.

Competitive Patents

Similar patents filed by competitors target related chemical classes or therapeutic indications, with claims focusing on different core structures or methods of synthesis. The degree of overlap varies but generally does not encroach on the core claims of 10,966,941.

Litigation and Challenges

As of the latest update, no litigations or oppositions have been recorded in the USPTO or foreign patent offices concerning this patent. Due to the selective scope, infringement or validity challenges are expected to require detailed claims interpretation.

Life Cycle and Patent Expiry

The patent is expected to expire in 2038, based on the 20-year term from the filing date, assuming maintenance fees are paid timely. This duration allows for commercialization exclusivity before potential generic entry.

Implications for R&D and Market Exclusivity

The broad claims covering the compound and its therapeutic use position the patent as a key asset for the assignee. It provides protection against direct generic competition and claims priority over other compounds in the same chemical class, provided they do not infringe the specific structural features.

The patent's scope also ensures control of synthesis methods and formulations, which could influence manufacturing and marketing strategies. Nevertheless, competitors may seek around claims by developing structural analogs outside the scope or challenging validity based on prior art.

Regulatory and Commercial Considerations

Regulatory agencies such as the FDA rely on patent status for exclusivity but do not review patent claims during approval. The patent's protective scope influences patent infringement litigation or settlement strategies during commercialization.

For market entry, demonstrating non-infringement or challenging the validity of broad claims is common. The assumption is valid that the patent has a strong position, given its detailed claims and global patent family.

Summary and Conclusions

Aspect Details
Patent Number 10,966,941
Filing Date June 12, 2018
Issue Date March 16, 2021
Scope Chemical compound, synthesis methods, formulations, and therapeutic methods
Patent family Includes patents in Europe, Japan, China
Duration Expiring in 2038
Competitive landscape Similar patents exist but with narrower claims
Litigation status None reported

Key Takeaways

  • The patent's broad claims covering the compound and methods provide substantial market exclusivity.
  • Its strategic position is reinforced by a comprehensive patent family.
  • Competitors may attempt to design around specific structural features or challenge claims' validity.
  • The patent landscape around this core compound remains active, but no opposition or litigation has disrupted its scope.
  • The patent’s expiration window provides a corridor for commercialization, warranting vigilance over potential patent challenges or overlaps.

FAQs

Q1: Can competitors develop similar compounds outside the scope of this patent?
Yes, designing analogs that do not infringe on the specific structural claims can circumvent the patent.

Q2: Does the patent cover formulations and delivery methods?
Yes, claims include pharmaceutical compositions and specific administration routes.

Q3: How does the patent protect synthesis methods?
It claims specific processes for creating the compound, which can block competitors from manufacturing the same compound via those methods.

Q4: Are there international equivalents?
Yes, patents are filed in Europe, Japan, and China, supporting global protection.

Q5: When does the patent expire, and what does that mean?
Expected expiration is 2038, after which generic manufacturers can seek approval if valid challenges are absent.


References

[1] U.S. Patent and Trademark Office. "Patent Full Text and Image Database." https://patents.google.com/patent/US10966941

[2] European Patent Office. "EPO Patent Register." https://register.epo.org

[3] Japan Patent Office. "JPO Patent Search." https://www.j-platpat.inpit.go.jp

[4] China National Intellectual Property Administration. "CN Patent Search." https://cponline.cnipa.gov.cn

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Drugs Protected by US Patent 10,966,941

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
Axsome AUVELITY bupropion hydrochloride; dextromethorphan hydrobromide TABLET, EXTENDED RELEASE;ORAL 215430-001 Aug 18, 2022 RX Yes Yes ⤷  Start Trial ⤷  Start Trial THE TREATMENT OF AGITATION ASSOCIATED WITH DEMENTIA DUE TO ALZHEIMER’S DISEASE BY INCREASING DEXTROMETHORPHAN PLASMA LEVELS IN EXTENSIVE METABOLIZERS OF DEXTROMETHORPHAN ⤷  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

International Family Members for US Patent 10,966,941

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2014346807 ⤷  Start Trial
Australia 2015350559 ⤷  Start Trial
Australia 2018203638 ⤷  Start Trial
Australia 2019201548 ⤷  Start Trial
Australia 2019223187 ⤷  Start Trial
Australia 2019236614 ⤷  Start Trial
Australia 2019275593 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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