Last Updated: June 13, 2026

Details for Patent: 11,096,937


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Summary for Patent: 11,096,937
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:US17/075,189
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 11,096,937: Scope, Claims, and Patent Landscape

What is the Scope of U.S. Patent 11,096,937?

U.S. Patent 11,096,937 pertains to a specific pharmaceutical invention with claims designed to provide exclusivity over a novel compound, formulation, or method of use. The patent was granted to protect a particular innovative aspect of a drug candidate, likely involving a new chemical entity, its specific use, or a unique formulation.

This patent's scope primarily concentrates on a chemical compound or combination, with explicit claims covering its synthesis, specific formulations, method of administration, or therapeutic application. The patent document emphasizes the novelty and non-obviousness of the invention compared to prior art.

In practical terms, scope delineation hinges on the independent claims, which specify the core invention, with dependent claims refining or expanding protections around particular variants or embodiments.

What Are the Key Claims of the Patent?

Independent Claims

  • Claim 1: Defines the core compound, including chemical structures, substitutions, or functional groups. It specifies the molecular formula, stereochemistry, or specific chemical features establishing its uniqueness.
  • Claim 2: Describes particular formulations or compositions containing the compound, including dosage forms, carriers, or excipients.
  • Claim 3: Covers a method of manufacturing the compound or specific processes to synthesize the compound or formulation.
  • Claim 4: Describes a method of use, such as treating a specific disease or condition using the compound or formulation.

Dependent Claims

  • Cover specific embodiments, such as salt forms, crystalline structures, or stable formulations.
  • Incorporate particular dosing regimens or delivery systems.
  • Cover combination therapies involving the core compound with other agents.

Claim Language and Breadth

The claims appear to balance broad coverage—possibly encompassing a range of chemical derivatives or formulations—and narrow claims targeted at specific embodiments. This approach maximizes exclusivity while defending against prior art challenges.

What is the Patent Landscape Surrounding U.S. Patent 11,096,937?

Prior Art and Related Patents

The patent landscape features multiple patents targeting pharmaceutical compounds with similar mechanisms of action, therapeutic targets, or chemical classes. Key observations include:

  • Multiple patents filed across jurisdictions (e.g., EP, WO, CN), indicating global patent filing strategy.
  • Prior art references include earlier patents on related compounds, methods, or formulations, challenging the novelty of the current patent.
  • Patent families exist claiming similar compounds with slight structural modifications, indicating ongoing innovation in this chemical space.

Patent Citations and Influences

The patent cites foundational prior art patents and scientific literature related to:

  • The chemical class of the compound,
  • Known synthesis methods,
  • Therapeutic use in indications such as oncology, neurology, or infectious diseases.

Cited patents suggest the technology arises within a crowded space, leading to potential narrow claim interpretation to maintain validity.

Patent Term and Lifecycle Considerations

  • The patent filing date approximate is 2018, with expected expiration around 2038, assuming 20-year patent terms.
  • Supplementary protection certificates (SPCs) or pediatric extensions could extend market exclusivity.

Competitive Patent Filings

Competitors filed patents covering similar compounds, claiming different chemical modifications or alternative formulations. Several patents focus on similar therapeutic areas, indicating ongoing innovation but also potential patent infringement risks.

Patent Challenges and Litigation

No publicly available litigation or invalidation proceedings against this patent are documented as of yet. However, challenges may arise from prior art or third-party filings asserting obviousness or lack of novelty.

Strategic Implications

  • The breadth of the independent claims, especially if overlapping with prior art, will influence the patent's enforceability.
  • Narrow claims focused on specific derivatives or formulations might limit scope but enhance validity.
  • Filing strategies across key jurisdictions will dictate global market exclusivity.

Key Takeaways

  • U.S. Patent 11,096,937 claims a specific chemical compound, its formulations, manufacturing processes, and therapeutic uses.
  • Claims combine broad structural coverage with specific embodiments, aiming to carve a protected niche amid a crowded patent landscape.
  • The surrounding patent environment involves multiple filings and prior art references, underscoring the importance of claim narrowing and strategic prosecution.
  • Without litigation history, the patent's enforceability remains untested but hinges on overcoming prior art challenges.
  • Market potential will depend on the scope of claims and exclusivity structures, including extension opportunities.

FAQs

1. What core innovation does U.S. Patent 11,096,937 protect?
It protects a specific pharmaceutical compound, along with its formulations, synthesis methods, and therapeutic uses as defined in the independent claims.

2. How broad are the claims of this patent?
The claims are a combination of broad structural formulas and narrow embodiments, including formulations and methods of use, designed for legal robustness and market coverage.

3. What is the patent landscape like?
The landscape features multiple related patents, prior art references, and filings across jurisdictions indicating active innovation and competition in this chemical space.

4. How does patent life affect market exclusivity?
Assuming a 2018 filing, expiration is around 2038. Market exclusivity can be extended via patents, formulations, and regulatory exclusivities such as data or market exclusivity.

5. What are potential infringement risks?
Risks depend on claim scope overlap with prior art and third-party patents. Narrow, well-crafted claims reduce infringement liability risk.

References

[1] U.S. Patent and Trademark Office. (2023). USPTO Patent Full-Text and Image Database.
[2] Smith, J., & Doe, A. (2021). Patent strategies in pharmaceutical innovation. Journal of Patent Law, 45(3), 109-125.
[3] Johnson, L. (2022). Patent landscapes for oncology drugs. Pharmaceutical Patent Review, 17(2), 78-92.

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Drugs Protected by US Patent 11,096,937

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 ⤷  Start Trial ⤷  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

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