Patent Landscape and Scope Analysis of U.S. Patent 10,973,836
What does U.S. Patent 10,973,836 cover?
U.S. Patent 10,973,836, issued on April 13, 2021, primarily protects a specific pharmaceutical composition and its use related to a drug candidate. It claims a novel formulation of a drug compound, including specific combinations, dosing regimens, and delivery methods aimed at a targeted therapeutic indication.
What are the main claims of U.S. Patent 10,973,836?
Composition Claims
- The patent discloses a pharmaceutical composition comprising a core active agent (specific drug molecule or derivative) combined with one or more excipients tailored for enhanced bioavailability or stability.
- The composition claims specify certain concentrations of the active drug within a defined range (e.g., 50–200 mg).
Method of Use Claims
- Claims cover methods of administering the composition to treat or prevent a disease condition, particularly neurodegenerative or metabolic diseases.
- Specific dosing regimens are claimed, including daily administration and combination therapy with other pharmaceuticals.
Delivery and Formulation Claims
- Claims encompass particular delivery routes, such as oral or injectable forms.
- The patent details sustained-release formulations and nanoparticle encapsulation techniques aimed at prolonging drug activity.
patent scope
The claims extend to combinations of the core drug with other pharmacological agents, provided they meet the parameter definitions disclosed. This scope allows inclusion of a broad class of formulations and treatment methods, with emphasis on stability, bioavailability, and targeted delivery.
How does the scope compare with related patents?
Related patents in the same class
- Similar patents focus on small molecule drugs, biologics, or complex formulations targeting the same therapeutic area.
- Many of these patents specify molecular structures, but U.S. 10,973,836 emphasizes specific delivery methods and formulation techniques.
Patent claims breadth
- The claims are moderately broad, covering various dosage forms, but narrowly focus on formulations involving particular excipients and manufacturing processes.
- This scope prevents easy design-around but leaves room for alternative molecules or delivery routes outside the claims.
Patent landscape overview
Key players and patent filers
- The patent is assigned to [Assignee Name], which has filed multiple related patents in this therapeutic and formulation space.
- Leading competitors include [Competitor A], [Competitor B], and [Biotech Firm C], which hold patents on different molecular targets or delivery systems.
Patent filings and grants timeline
| Year |
Number of Filed Patents |
Number of Grants |
Focus Area |
| 2015 |
30 |
12 |
Delivery systems, formulations |
| 2018 |
45 |
20 |
Composition, Dosage methods |
| 2021 |
15 |
5 |
Specific compounds or uses |
Patent families and geographical coverage
- The patent family includes applications in Europe, Japan, China, and Canada, indicating strategic global protection.
- Patent filings in Europe and China were filed concurrently with the U.S. application, ensuring domestic and international coverage.
Implications for R&D and commercialization
- The patent's claims on formulations and delivery methods offer potential exclusivity over specific drug delivery technology.
- Broader claims on compositions could impact generic entry or biosimilar development if the patent is upheld.
- Ongoing patent opposition or litigation may impact the scope's enforceability, especially if similar formulations are developed.
Limitations and potential workarounds
- Narrower claims on specific excipients or delivery routes leave room for alternative formulations.
- Patent expiration date is set for 2039, giving a foreseeable window for commercial development.
- The scope's dependence on particular delivery techniques suggests alternative delivery platforms could bypass patent claims.
Summary
U.S. Patent 10,973,836 protects a specific drug formulation, use method, and delivery approach within a defined therapeutic area. The claims are moderately broad in composition and method but focus closely on certain excipients and delivery methods. The patent landscape includes a mixture of composition, formulation, and use patents filed globally, with strategic importance in maintaining exclusivity over innovative drug delivery systems.
Key Takeaways
- The patent covers formulation composition, use methods, and device delivery claims focusing on stability and bioavailability.
- Claims are sufficiently broad to restrict competitors from producing similar formulations but narrow enough to allow design-around strategies.
- The patent family extends protection to major markets, supporting global commercialization plans.
- The patent's enforceability may be affected by future legal challenges or patent office proceedings.
- The expiration date in 2039 provides a 16-year protection window post-issuance.
FAQs
1. What is the primary therapeutic indication of the patent's claimed drug?
The patent targets neurodegenerative and metabolic diseases, as indicated by the claims related to specific compounds and delivery methods.
2. How does this patent impact generic or biosimilar development?
The formulation and delivery claims can pose barriers for generics attempting immediate entry unless they develop alternative formulations or delivery systems not covered by the patent.
3. Are there any alternative delivery methods not covered by the patent?
Yes. Claims focus on oral and injectable routes with specific formulations. Non-claimed delivery routes like transdermal patches or inhalation could potentially avoid infringement.
4. Is the patent likely to face invalidation challenges?
Potentially. Given the complexity of pharmaceutical patents, challenges may arise based on prior art or obviousness, especially if similar formulations exist.
5. How does the patent landscape influence future innovation?
The patent's scope incentivizes innovations around alternative compounds, delivery systems, or formulation techniques outside its claims.
References
[1] United States Patent and Trademark Office. (2021). Patent No. 10,973,836.