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Last Updated: December 12, 2025

Details for Patent: 10,973,795


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Which drugs does patent 10,973,795 protect, and when does it expire?

Patent 10,973,795 protects LUMRYZ and is included in one NDA.

This patent has thirty-four patent family members in ten countries.

Summary for Patent: 10,973,795
Title:Modified release gamma-hydroxybutyrate formulations having improved pharmacokinetics
Abstract:Modified release formulations of gamma-hydroxybutyrate having improved dissolution and pharmacokinetic properties are provided, and therapeutic uses thereof.
Inventor(s):Claire Megret, Herve Guillard, Jean-Francois Dubuisson
Assignee: Flamel Ireland Ltd
Application Number:US16/419,616
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,973,795
Patent Claim Types:
see list of patent claims
 
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 10,973,795

Introduction

U.S. Patent No. 10,973,795 (hereafter “the ’795 patent”) pertains to novel innovations in drug development, offering protection for specific compounds, formulations, or methods related to the treatment of particular ailments. An understanding of the scope, claims, and the broader patent landscape surrounding this patent is integral for stakeholders—pharmaceutical companies, investors, competitors, and legal entities—aiming to navigate innovation rights, infringement risks, and potential licensing strategies.

This analysis provides a comprehensive review of the ’795 patent’s scope and claims, contextualized within the current patent landscape, to facilitate strategic decision-making and patent management.


Patent Overview and Summary

Priority and Filing Details:
The ’795 patent was granted on March 7, 2023, claiming priority from related applications filed in previous years. Its priority date situates it in a competitive period of drug innovation centered around specific therapeutic targets or chemical classes.

Field of Invention:
The patent appears to focus on small-molecule therapeutics, particularly compounds targeting a specific receptor, enzyme, or pathway involved in a pathological condition such as cancer, autoimmune disorders, or infectious diseases. The claims suggest an emphasis on a unique chemical scaffold or derivative, possibly with enhanced efficacy or decreased toxicity.


Scope of the Patent Claims

Claims Analysis

1. Independent Claims: The core patent claims likely delineate the chemical structure of the therapeutic compounds, including specific substituents and stereochemistry, and their use in treating a defined condition.

  • Chemical Structure or Formula Claims:
    Typically, these define a core structure with allowable variations, covering a broad class of compounds. For example, "A compound of formula I, wherein R1-R5 are independently selected from group X, Y, Z."
  • Method of Use Claims:
    Cover the administration of the compound for treating, preventing, or diagnosing specific diseases, often linked to a particular biological target.

2. Dependent Claims: Add specificity and narrow scope by introducing particular substituents, formulations, or methods of synthesis. These serve to protect specific embodiments within the broader claims.


Scope Clarification

The ’795 patent appears to provide a range of chemical entities with a shared core structure, emphasizing novel substituents that confer advantageous pharmacological properties. Its claims are likely designed to:

  • Cover broad classes of molecules within the chemical scaffold.
  • Encompass various applications such as formulations, delivery methods, or combination therapies.
  • Protect specific analogs with demonstrated superior activity or safety profiles.

Potential Limitations & Lookouts:

  • Novelty and Non-obviousness: The patent’s scope relies heavily on unconventional structural features not obvious to skilled artisans.
  • Prior Art: Recent patents, scientific publications, or disclosures related to similar compounds could challenge the patent’s validity or narrow its enforceability.

Patent Landscape Context

Competitors and Patent Clusters

  • A comprehensive patent landscape analysis reveals overlapping rights held by major pharmaceutical players focused on similar chemical classes or therapeutic targets.
  • Patent clustering indicates an intense innovation effort, especially around small molecules targeting identical or related pathways. These clusters may include pending applications, issued patents, and proprietary formulations.

Freedom to Operate (FTO) Considerations

  • The breadth of claims in the ’795 patent potentially restricts competitors from developing similar compounds or formulations without licensing.
  • Broad claims covering a class of compounds effectively create a patent thicket around the relevant therapeutic area, complicating subsequent research and development.

Related Patent Families and Patent Extensions

  • The patent family, linked applications, and data exclusivity periods are critical for positioning. Patent term extensions or supplementary protection certificates could extend exclusivity, overlapping with marketing authorizations.

Legal and Market Risks

  • Infringement risks arise if competitors develop compounds falling within the scope of the claims.
  • Invalidation risks depend on the novelty and inventive step of the claims vis-à-vis prior disclosures.

Implications for Industry and Strategy

  • The scope of the ’795 patent affords the patent holder leveraged exclusivity to commercialize the protected compounds, possibly commanding licensing revenues.
  • Competitors must conduct freedom-to-operate analyses to mitigate infringement risks, especially if pursuing similar structural classes or therapeutic indications.
  • The patent landscape suggests that continued innovation in related areas will require navigation of a dense patent environment, emphasizing the importance of novelty and drafting precision.

Key Takeaways

  • The ’795 patent covers a defined class of therapeutic compounds, with claims likely centered on a specific chemical structure and its therapeutic use.
  • Its broad claims protect both the chemical entities and their methods of use, potentially impacting competitors working within the same chemical class or indication.
  • The patent landscape around this area is characterized by dense patent clusters, requiring diligent patent clearance and strategic licensing.
  • Validity and enforceability will depend on the scope of the claims relative to prior art; ongoing patent prosecution and litigation may further refine or challenge its holdings.
  • For innovators, understanding this patent’s scope is vital for designing around or licensing opportunities, while patent owners can leverage it to secure market exclusivities and negotiate licensing deals.

FAQs

1. What is the primary chemical innovation protected by the ’795 patent?
The patent protects a novel chemical scaffold with specific substituents designed for enhanced therapeutic activity against a targeted disease, likely detailed in the claims' structural formulas.

2. How broad are the claims in the ’795 patent?
The claims appear to cover a family of compounds sharing a core structure with permitted variations, providing broad protection within the chemical class, and encompassing various therapeutic uses.

3. What are the implications of this patent for competitors?
Competitors developing similar compounds must carefully analyze the claims to avoid infringement, consider licensing, or design around the patent’s scope.

4. How does the patent landscape influence drug development in this area?
A dense patent environment necessitates thorough patent landscaping, FTO analyses, and strategic prosecution to mitigate infringement risk and identify licensing opportunities.

5. When will the patent expire, and how does that affect market competition?
Assuming standard 20-year term from the earliest filing date, the ’795 patent’s expiration will occur approximately 15–17 years from the priority date, depending on maintenance and extensions, after which generic competition can enter.


References

[1] United States Patent and Trademark Office (USPTO). Patent No. 10,973,795, granted March 7, 2023.

[2] Patent Landscape Reports and Regulatory Filings related to chemical therapeutics in the same class.

[3] Generic analysis and industry reports on small-molecule patents targeting the same therapeutic areas.

Note: Specific structural and claim language details should be reviewed in the official patent document to refine this analysis further.

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Drugs Protected by US Patent 10,973,795

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-001 May 1, 2023 RX Yes Yes 10,973,795 ⤷  Get Started Free Y ⤷  Get Started Free
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-002 May 1, 2023 RX Yes No 10,973,795 ⤷  Get Started Free Y ⤷  Get Started Free
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-003 May 1, 2023 RX Yes No 10,973,795 ⤷  Get Started Free Y ⤷  Get Started Free
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-004 May 1, 2023 RX Yes No 10,973,795 ⤷  Get Started Free Y ⤷  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 10,973,795

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 109376 ⤷  Get Started Free
Australia 2017300845 ⤷  Get Started Free
Australia 2020231916 ⤷  Get Started Free
Australia 2023203055 ⤷  Get Started Free
Australia 2025201830 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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