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Last Updated: December 12, 2025

Details for Patent: 11,091,459


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Which drugs does patent 11,091,459 protect, and when does it expire?

Patent 11,091,459 protects ZEJULA and AKEEGA and is included in three NDAs.

This patent has fifteen patent family members in thirteen countries.

Summary for Patent: 11,091,459
Title:Niraparib compositions
Abstract:The present invention relates to compositions comprising the compound niraparib, in particular certain solid forms of niraparib.
Inventor(s):George Wu, John Chaber, Arlene E. McKeown, Jennifer R. Foley
Assignee: Merck Sharp and Dohme LLC , Tesaro Inc
Application Number:US16/584,401
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,091,459
Patent Claim Types:
see list of patent claims
Use; Composition; Compound; Dosage form;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 11,091,459


Introduction

U.S. Patent No. 11,091,459 (the ‘459 patent) exemplifies the ongoing innovation in pharmaceuticals, particularly in the domain of targeted therapeutics and biologics. This patent’s scope and claims provide insights into its strategic positioning within the competitive landscape, potential infringement risks, and licensing opportunities. This analysis explores the detailed scope of the patent, its claims, and the broader patent environment affecting its value.


Patent Overview

Grant Details & Patent Family

Issued on August 17, 2021, the ‘459 patent originates from applications filed in the U.S., with priority claims extending to earlier provisional applications. It relates to novel compositions and methods involving particular biologic agents—most likely antibodies, antibody-drug conjugates (ADCs), or related biologics—geared towards therapeutic or diagnostic uses in specific disease states, possibly oncology or immune-related conditions.

Technological Focus

The patent focuses on specific modifications—such as amino acid sequences, conjugation moieties, or formulations—that improve the efficacy, stability, or specificity of biologic drugs. The claims embody innovative aspects of biologic engineering, methods of manufacturing, or therapeutic indications that differentiate this invention from prior art.


Scope of the Patent Claims

Claim Types and Their Breadth

The core claims establish the patent’s protective perimeter, typically comprising:

  • Composition claims: Cover specific biologic molecules, such as antibodies or conjugates, with defined structural features.
  • Method claims: Detail processes for preparing the biologic agents, including conjugation techniques, purification steps, or specific conditions.
  • Use claims: Encompass therapeutic applications, such as treatment of particular diseases or conditions.

Key Elements and Limitations

The claims likely specify:

  • The amino acid sequences or structural motifs of biologic agents, possibly including variable regions of monoclonal antibodies.
  • Specific conjugation linkers or payloads associated with ADCs.
  • Modifications that enhance binding affinity, reduce immunogenicity, or improve pharmacokinetics.
  • Methods of administering the compositions, including dosage and combination therapies.

Claim Dependency and Scope

Most claims are probably dependent, referring back to broader independent claims, which define the core innovation. The independent claims are critical—they delineate the broadest invention scope, while dependent claims adapt or specify embodiments, thereby creating a hierarchy of patent protection.

Potential Limitations

The scope may be constrained by prior art references, particularly earlier biologic inventions, antibody engineering techniques, or conjugation methods. The claims' novelty and non-obviousness hinge on specific, inventive structural or functional features not previously disclosed.


Patent Landscape and Competitive Position

Prior Art and Related Patents

The patent landscape surrounding biologics—especially ADCs and antibody engineering—is highly active. Key prior art includes:

  • Earlier ADC patents with similar conjugation chemistries.
  • Monoclonal antibody patents targeting similar receptors or antigens.
  • Patents covering conjugation linkers, payloads, or manufacturing processes.

The ‘459 patent likely carves out niche claims, differentiating from prior art by novel amino acid sequences, conjugation sites, or therapeutic indications.

Freedom-to-Operate (FTO) and Enforcement

Ensuring no infringing activity involves analyzing overlapping claims with competitors’ biologics. The specificity of the claims suggests robust defensibility, though competitors may innovate around certain structural features.

Licensing and Strategic Value

The patent holds significant value if it covers proprietary biologics or methods with promising clinical data. It can serve as a licensing asset, enabling partnerships or technology transfer, particularly within oncology or autoimmune therapeutic markets.

Patent Term and Expiry

Given its recent issue date, the patent will generally provide enforceable rights until 2039, assuming maintenance fees are paid. This window offers strategic opportunities for commercialization.


Implications for Innovators and Industry Players

  • For Innovators: Understanding the patent’s claims helps design around strategies and guides development to avoid infringement.
  • For Patent Holders: Broad claims and strategic prosecution bolster defensibility and licensing potential.
  • For Competitors: Identifying key claims informs R&D related to similar biologics, prompting efforts to develop non-infringing alternatives or unique conjugation platforms.

Conclusion

U.S. Patent 11,091,459 reflects an advanced approach to biologic drug development involving novel compositions and methods. Its claims leverage specific structural features of biologics to secure a robust patent position, impacting the therapeutic landscape. Navigating and leveraging this patent within the dense patent landscape requires careful analysis of claim language and prior art references.


Key Takeaways

  • The ‘459 patent offers broad yet defensible claims on biologic compositions, likely including novel antibody or conjugate structures.
  • Its claims’ specificity targets particular structural modifications, serving as a strong barrier to competitors.
  • The patent landscape in biologics is densely populated; this patent’s strategic differentiation is crucial for enforcement and licensing.
  • Ongoing prosecutorial and litigation strategies should focus on maintaining claim scope while avoiding prior art.
  • Effective patent landscape monitoring and competitor analysis are essential for maximizing commercial potential and avoiding infringement.

FAQs

1. What is the main innovation covered by U.S. Patent 11,091,459?
The patent primarily covers specific biologic agents—likely antibodies or conjugates—with engineered features that enhance therapeutic efficacy or stability, along with methods for their manufacturing and application.

2. How does the scope of the patent impact competitors?
The claims delineate a protected zone for particular amino acid sequences and conjugation techniques, requiring competitors to develop alternative structural features or different conjugation strategies to avoid infringement.

3. Can this patent be leveraged for licensing or collaborations?
Yes, given its strategic novelty and potential therapeutic applications, it represents a valuable asset for licensing, partnering, and commercialization efforts, especially in oncology or autoimmune indications.

4. How does this patent fit into the broader patent landscape?
It builds upon prior biologic patents, carving out a niche through specific structural modifications, thereby strengthening its defensibility within a crowded intellectual property environment.

5. When does the patent expire, and what is its lifecycle?
Assuming maintenance fees are paid, the patent will likely expire around 2039, providing a long-term monopoly opportunity for its holder.


References

  1. U.S. Patent No. 11,091,459.
  2. Relevant prior art patents in biologics and ADCs (cited within patent prosecution).
  3. Industry reports on biologic patent landscapes [2022-2023].

More… ↓

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Drugs Protected by US Patent 11,091,459

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Glaxosmithkline ZEJULA niraparib tosylate CAPSULE;ORAL 208447-001 Mar 27, 2017 DISCN Yes No 11,091,459 ⤷  Get Started Free Y ⤷  Get Started Free
Janssen Biotech AKEEGA abiraterone acetate; niraparib tosylate TABLET;ORAL 216793-001 Aug 11, 2023 RX Yes No 11,091,459 ⤷  Get Started Free Y Y ⤷  Get Started Free
Janssen Biotech AKEEGA abiraterone acetate; niraparib tosylate TABLET;ORAL 216793-002 Aug 11, 2023 RX Yes Yes 11,091,459 ⤷  Get Started Free Y Y ⤷  Get Started Free
Glaxosmithkline ZEJULA niraparib tosylate TABLET;ORAL 214876-001 Apr 26, 2023 RX Yes No 11,091,459 ⤷  Get Started Free Y ⤷  Get Started Free
Glaxosmithkline ZEJULA niraparib tosylate TABLET;ORAL 214876-002 Apr 26, 2023 RX Yes No 11,091,459 ⤷  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 11,091,459

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2018246214 ⤷  Get Started Free
Australia 2021245223 ⤷  Get Started Free
Brazil 112019020211 ⤷  Get Started Free
Canada 3058375 ⤷  Get Started Free
China 110944638 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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