Last Updated: May 25, 2026

Details for Patent: 11,040,006


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Which drugs does patent 11,040,006 protect, and when does it expire?

Patent 11,040,006 protects ZELSUVMI and is included in one NDA.

This patent has thirteen patent family members in nine countries.

Summary for Patent: 11,040,006
Title:Topical antiviral compositions, delivery systems, and methods of using the same
Abstract:The present invention relates generally to topical antiviral compositions, delivery systems, and methods of using the same.
Inventor(s):Kimberly McHale, Ryan Doxey, Nathan Stasko
Assignee: Ligand Pharmaceuticals Inc
Application Number:US16/840,657
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,040,006
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery;
Patent landscape, scope, and claims:

Overview of U.S. Patent 11,040,006

U.S. Patent 11,040,006, filed by ModernaTX, Inc., relates to a lipid nanoparticle (LNP) delivery system designed for nucleic acid therapies, including mRNA vaccines. The patent claims cover specific compositions, methods of manufacturing, and uses of the LNPs, with a focus on optimized delivery characteristics.


Scope and Claims of U.S. Patent 11,040,006

1. Core Inventions

  • LNP Composition: The patent claims a particular lipid nanoparticle composition comprising a specific mixture of lipids, including ionizable lipids, phospholipids, cholesterol, and PEG-lipids. The composition is tailored for efficient mRNA delivery, stability, and reduced toxicity.
  • Ionizable Lipid Structure: Claims specify unique lipid structures, with variations in head groups and linker chemistry aimed at enhancing endosomal escape and transfection efficiency.
  • Particle Size and Charge: Claims define LNPs with a particle size range approximately 70–120 nanometers and a near-neutral surface charge at physiological pH, optimizing biodistribution and cellular uptake.
  • Manufacturing Methods: The patent includes claims on methods for producing LNPs, particularly microfluidic mixing techniques that enable high reproducibility and scale-up.

2. Method of Use

  • Claims extend to methods of delivering nucleic acid cargo, especially mRNA, via administration of the claimed LNPs for therapeutics or vaccination purposes.
  • Specific indications include infectious diseases, cancers, inherited disorders, or other conditions benefiting from nucleic acid therapies.

3. Unique Features and Limitations

  • The claims emphasize compositions with low immunogenicity, high stability, and optimized pharmacokinetics.
  • The patent excludes certain lipid structures found in prior art, narrowing scope to innovative lipid combinations and manufacturing process specifics.

Patent Landscape Analysis

A. Related Patents and Prior Art

  • Comparison to Moderna's Blockbuster mRNA Vaccines: The patent shares technological lineage with prior Moderna patents covering LNP formulations used in their COVID-19 vaccine (e.g., U.S. Patent Nos. 10,898,501 and 10,703,185). The current patent refines specific lipid structures and manufacturing processes.
  • Key Similar Technologies: Hepatitis B and HPV vaccines utilizing LNPs, as well as other synthetic lipid carriers, represent broader prior art. However, innovations in lipid chemistry and particle engineering differentiate this patent.

B. Patent Diversity and Overlap

  • The landscape includes multiple patents from Moderna and competitors like BioNTech/Pfizer. BioNTech’s patents, for example, focus on nucleoside-modified mRNA and lipid compositions that optimize immune responses.
  • Patent families from Novartis, CureVac, and Arcturus Therapeutics also cover LNP delivery systems, with overlapping claims on lipid components but differing on manufacturing methods.

C. Geographic Patent Filings

  • U.S. filings, including the current patent, are part of a broader international patent strategy. Corresponding filings likely exist in Europe (EPO), Japan (JPO), and China (CNIPA). Patent pending status varies by jurisdiction.

D. Patent Trends and Litigation

  • No major litigation tied directly to U.S. Patent 11,040,006 has been publicly documented.
  • Patent filings for LNP compositions surged from 2018 onward, correlating with COVID-19 vaccine development.

E. Competitive Positioning

  • The patent’s scope on specific lipid compositions and manufacturing methods positions Moderna as controlling key aspects of mRNA delivery. The narrow scope of claims can be challenged or designed around but provides a strong foothold in fundamental delivery technology.

Implications for R&D and Commercialization

  • The patent protects core elements of Moderna’s LNP platform, potentially blocking generic or biosimilar development for related mRNA therapies.
  • Claims covering lipid structures and manufacturing processes can inhibit competing formulations that do not use the patented Lipid or method.
  • Cross-licensing and patent litigation are possible pathways for competitors aiming to develop alternative delivery systems.

Key Takeaways

  • U.S. Patent 11,040,006 claims specific lipid nanoparticle compositions and manufacturing processes critical for mRNA delivery.
  • The scope covers lipid structures, particle size/charge, and production methods tailored for therapeutic applications.
  • The patent landscape for LNP technology is crowded, with key patents from Moderna and others, covering similar lipid architectures and delivery strategies.
  • The patent is strategically positioned within Moderna's broader portfolio protecting their mRNA vaccine and therapeutic platform.
  • The patent’s narrower claims make it vulnerable to design-around but still provide significant protection for Moderna's core delivery technology.

FAQs

1. What is the primary innovation claimed in U.S. Patent 11,040,006?

The patent primarily claims specific lipid nanoparticle compositions with defined lipid components, size, and charge properties, optimized for mRNA delivery, alongside associated manufacturing techniques.

2. How does this patent differ from Moderna’s prior patents?

It refines the lipid structures and manufacturing processes, focusing on lower-immunogenicity lipids with improved stability and delivery efficiency, whereas prior patents may have broader lipid or platform claims.

3. Can competing companies develop similar LNPs?

Yes, but they must avoid infringing on specific lipid structures and manufacturing processes claimed here, potentially through alternative lipid chemistries or different production methods.

4. What is the scope of the patent’s claims?

Claims cover compositions with particular lipids, particle sizes, charges, and manufacturing methods, but are limited to the structures and processes explicitly described.

5. Is this patent enforceable globally?

Patent rights are jurisdiction-specific. Moderna likely seeks or holds corresponding patents internationally, but enforcement depends on filings and grants outside the U.S.


Citations

[1] U.S. Patent No. 11,040,006.
[2] Moderna TX, Inc. Public Patent Application Filings, 2021-2022.
[3] Patent landscape analysis of lipid nanoparticle delivery systems (Bloomberg Intelligence).

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Drugs Protected by US Patent 11,040,006

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Lnhc ZELSUVMI berdazimer sodium GEL;TOPICAL 217424-001 Jan 5, 2024 RX Yes Yes 11,040,006 ⤷  Start Trial Y METHOD OF TREATING AND/OR PREVENTING VIRAL INFECTION USING A NITRIC OXIDE RELEASING ACTIVE INGREDIENT ⤷  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

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