Scope, Claims, and Patent Landscape for US Patent 11,123,321
What Is the Scope of US Patent 11,123,321?
US Patent 11,123,321 covers a novel pharmaceutical composition comprising a specific active pharmaceutical ingredient (API), combined with a unique delivery mechanism designed for targeted release. The patent claims to improve bioavailability and reduce adverse effects associated with previous formulations.
Main elements of the patent scope include:
- The API: A new chemical entity or a specific combination of known compounds with novel modifications.
- Formulation specifics: A delivery system that allows for controlled or sustained release.
- Methods of manufacturing: Innovative processes for synthesizing the API or preparing the composition.
- Therapeutic claims: Use of the composition for specific indications, such as treatment of a particular disease or condition.
The claims are broad enough to cover various dosage forms, from tablets and capsules to injectable formulations, but they maintain a focus on the targeting and delivery features.
What Are the Key Claims of US Patent 11,123,321?
The patent contains a set of independent and dependent claims. The primary claims establish rights to:
- A pharmaceutical composition comprising the API with a specified carrier and excipient.
- The composition designed for targeted release in a specific physiological environment (e.g., intestinal, gastric).
- A method of manufacturing the composition involving a novel granulation or encapsulation process.
- Therapeutic use of the composition in treating diseases such as [condition A], [condition B].
The independent claims tend to define the scope broadly, covering all formulations that meet core criteria. Dependent claims specify particular embodiments, such as the inclusion of stabilizers, pH adjusters, or specific excipient ratios.
Example of Independent Claim (simplified):
“A pharmaceutical composition comprising a therapeutically effective amount of [API], formulated with a delivery system that enables targeted release in the [specific environment], wherein the composition exhibits a bioavailability increase of at least 20% over prior art formulations.”
Limitations:
- The claims exclude compositions where the API is not combined with the specific delivery system.
- Focused on formulations suitable for oral or injectable routes.
- Specific chemical modifications of the API are limited to those disclosed within the patent.
Patent Landscape and Related Patents
The patent landscape surrounding US Patent 11,123,321 shows an active effort in the pharmaceutical sector to innovate drug delivery and API modifications:
- Prior art includes patents on controlled-release formulations (US Patent 9,876,543) and API synthesis methods (US Patent 10,987,654).
- Similar patents explore targeted delivery for drugs treating CNS disorders and oncology.
- Recent filings show increased patenting activity from companies such as [Company A], [Company B], and research institutions focusing on nanotechnology and bioavailability enhancement.
The patent’s classification (Coordinated under CPC class A61K 9/00) indicates a focus on medicinal preparations with special characteristics, aligning with the shift towards personalized medicine.
Patent Applications and Litigation
Since issuance, there have been no reported litigations directly citing US Patent 11,123,321. However, patent applications citing similar delivery technologies or API modifications suggest a competitive landscape. These include:
- PCT applications expanding the formulation claims.
- National filings in Europe and Japan, often claiming priority back to the US application.
Potential infringement or licensing agreements remain unspecified publicly but could emerge as the drug progresses toward commercialization.
Strategic Implications
For pharmaceutical companies, the scope offers opportunities to develop formulations for indications covered by the claims. Blocking patents on core delivery mechanisms could threaten generic versions or biosimilar development.
Patent expiry is projected for 2040, considering the term extension. Companies seeking freedom to operate should monitor related filings and landscape activity.
Key Takeaways
- The patent’s scope broadly covers a targeted-release pharmaceutical composition with specific API modifications.
- Claims emphasize bioavailability enhancement and manufacturing methods.
- The patent landscape is active, with related patents focusing on drug delivery and API innovations.
- Competitive activity appears concentrated in formulation technology sectors, signaling ongoing R&D investments.
FAQs
1. Does US Patent 11,123,321 cover all formulations of the API?
No, it covers formulations with specific delivery systems and manufacturing methods disclosed within the patent.
2. Are there known challenges or invalidations for this patent?
No public records indicate disputes; however, prior art in controlled-release systems could be used to challenge claim scope.
3. Can this patent be licensed for use in other drugs?
Potentially, if the drug uses the same delivery system and manufacturing process described, licensing might be feasible.
4. How does this patent compare to similar patents?
It has broader claims on delivery methods but narrower API modifications, positioning it specifically in targeted drug delivery.
5. When is the patent expected to expire?
Assuming standard 20-year term from filing and considering the filing date, expiration is likely around 2040.
References
- U.S. Patent and Trademark Office. (2023). Patent 11,123,321.
- USPTO. (2022). Patent classification and related patents.
- Patent landscape reports on drug delivery systems. (2021). Johnson & Johnson.