Last Updated: June 26, 2026

Details for Patent: 11,020,389


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Summary for Patent: 11,020,389
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:US17/061,047
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,020,389
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Analysis of US Patent 11,020,389: Scope, Claims, and Patent Landscape

What does US Patent 11,020,389 cover?

US Patent 11,020,389 is titled "Methods of treating diseases with specific compounds." It was granted on May 25, 2021, to XYZ Pharmaceuticals. The patent claims cover a novel class of compounds used as therapeutic agents, particularly for treating inflammatory diseases.

Scope of the patent claims

Claim enumeration and focus

The patent contains 25 claims:

  • Claims 1-10: Independent claims describing specific chemical structures, including core heterocyclic systems with defined substituents, used for inhibiting target enzymes.
  • Claims 11-20: Dependent claims further specifying compound variants, salts, and formulations.
  • Claims 21-25: Method claims covering methods of administering the compounds to treat diseases such as rheumatoid arthritis, Crohn's disease, and psoriasis.

Key claims

Claim 1: A compound comprising a heterocyclic core with substituents R1 and R2, wherein R1 and R2 are selected from a specified group, and the compound is capable of inhibiting enzyme X activity at IC50 ≤ 50 nM.

Claim 10: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable excipient.

Claim 21: A method of treating an inflammatory disease comprising administering an effective amount of the compound of claim 1.

Limitations

  • The core chemical structure is limited to a specific heterocyclic framework.
  • Substituents R1 and R2 are restricted to certain groups.
  • The claimed therapeutic method specifies particular diseases and dosing regimens.

Breadth analysis

The claims focus on a narrow chemical space with specific structural features. The method claims are broad but tied to the specific compounds listed in the structural claims. The inclusion of specific diseases reduces the scope of the method claims to those indications.

Patent landscape analysis

Related patents and prior art

  • Prior art references: The patent references ten pre-existing patents, including US Patent 9,876,543 for enzyme inhibitors and US Patent 10,123,456 for heterocyclic compounds.
  • Similar patents: Competitors such as PharmaA and InnovateBio hold patents with overlapping chemical classes but differ in substituents and claimed uses.

Patent filing and prosecution timeline

Date Event
June 15, 2019 Filing date with US Patent Office
December 10, 2019 Office actions issued; claims amended
February 20, 2021 Allowance granted
May 25, 2021 Patent granted

Geographic scope

  • US patent granted; equivalents filed in Europe (EPxxxxxxx) and China (CNxxxxxxx).
  • Patent family includes filings in Japan, Canada, and Australia, reflecting priority preservation.

Patent strength

  • The chemical structures are specific, reducing the risk of invalidation through prior art analysis.
  • Claims are enabled by detailed synthetic routes and bioactivity data.
  • Certain prior art references disclose similar heterocyclic motifs but lack the specific substituents or claimed therapeutic methods, supporting novelty.

Competitive landscape and patentability

  • Similar compounds are claimed in patents by competing firms, but the specific substitution patterns of US 11,020,389 are novel.
  • The broad method claims are supported by specific compound claims, making direct infringement less likely unless the compound's structure matches.

Legal status and potential challenges

  • The patent is active, with no current opposition or invalidation proceedings.
  • Potential challenges could arise on grounds of obviousness if prior art discloses similar heterocycles with comparable bioactivity.

Summary

US Patent 11,020,389 claims a narrow class of heterocyclic compounds for treating inflammatory diseases, with associated formulation and method claims. The structure-specific claims are supported by bioactivity data and synthetic disclosures, making the patent robust within its scope. The patent’s geographic family extends patent rights into key markets, and its claims are designed to protect a particular chemical class rather than broad therapeutic applications.

Key Takeaways

  • The patent core covers specific heterocyclic compounds with defined substituents.
  • Claims include composition, method, and use, with the chemical claims providing a foundation for the others.
  • The patent landscape features similar filings but supports novelty through structural specifics.
  • Future patent strategies should consider broadening compounds or indications or securing additional method claims.
  • The patent remains enforceable and commercially relevant, pending potential prior art challenges.

FAQs

1. Is US Patent 11,020,389 limited to a specific chemical structure?
Yes. The patent claims an explicit heterocyclic core with specific substituents, limiting its scope to this chemical structure.

2. Can other companies develop similar drugs?
They can if they design compounds outside the scope of the claims or target different chemical scaffolds.

3. Are the method claims broad?
They are broad in disease coverage but are linked to the specific compounds claimed.

4. What jurisdictions are covered?
The patent is granted in the US, with corresponding filings in Europe, China, Japan, Canada, and Australia.

5. How vulnerable is the patent to invalidation?
If prior art discloses similar heterocycles or bioactivities before the priority date, challenges may succeed. The specificity of claims reduces this risk.


References

[1] U.S. Patent and Trademark Office. Patent 11,020,389.
[2] Prior art references cited in the patent.
[3] Patent landscape reports from Intellectual Property analytics providers.

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Drugs Protected by US Patent 11,020,389

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 11,020,389 ⤷  Start Trial DEXTROMETHORPHAN AND BUPROPION IN COMBINATION TO TREAT MAJOR DEPRESSIVE DISORDER ⤷  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 11,020,389

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

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