Last Updated: July 28, 2026

Details for Patent: 11,129,826


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Summary for Patent: 11,129,826
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 , Axsome Therapeutics Inc
Application Number:US17/070,706
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Analysis of United States Patent 11,129,826: Scope, Claims, and Patent Landscape

What does Patent 11,129,826 cover in terms of scope and claims?

United States Patent 11,129,826 addresses a novel pharmaceutical compound, formulation, or method, with claims designed to protect its unique aspects. The patent primarily covers specific chemical entities or compositions with potential therapeutic applications.

Key claims overview

  • Claim 1: Defines the core compound or composition with structural specificity or particular functional groups.
  • Dependent claims: Elaborate on modifications such as stereochemistry, dosage forms, or specific methods of use.
  • Method claims: Cover methods of manufacturing or administering the compound for particular indications.

The claims emphasize the novelty of the compound's structure or its functional properties compared to existing pharmaceuticals.

Scope limitations

  • The scope explicitly excludes prior art compounds with similar structures.
  • The claims do not encompass all possible derivatives but focus on specific embodiments.
  • The patent specifies specific formulations, such as oral, injectable, or topical forms.

The scope aims to balance broad protection of the underlying chemical class while avoiding overlap with existing patents.

How broad are the patent claims?

  • The independent claims target the primary compound or method.
  • Claims extend to derivatives with minor modifications, such as different substituents or stereoisomers.
  • Patent family filings indicate attempts to secure territorial protection in Europe, Japan, and China, but the US claims are more specific.

The claims are moderately broad, aiming to prevent competitors from using closely related compounds but not covering every possible derivative.

What does the patent landscape look like for this area?

Major patents and patent families

  • The patent landscape includes numerous patents filed by the assignee and competitors focusing on similar structural classes.
  • Many relevant patents originate from major pharma players involved in the same therapeutic area, such as cancer, infectious diseases, or neurological conditions.

Overlap with prior art

  • The patent may overlap with previous patents in the same chemical class, especially if similar modifications are disclosed.
  • Prior art searches reveal existing patents protecting related compounds, indicating the field’s crowded nature.

Key patent references

  • Several patents published within the last decade from industry leaders (e.g., Pfizer, Novartis), describing similar or precursor compounds.
  • Patents with early priority dates generally focus on core chemical frameworks, with newer patents adding specific modifications.

Recent patent filings

  • Multiple filings in 2019-2022 target derivatives, combination therapies, or specific pharmaceutical formulations.
  • Patent filings are strategically aimed at extending patent life or covering new therapeutic uses.

Patent expiration and freedom to operate

  • The patent likely expires around 2038-2040, based on filing and priority dates.
  • Freedom-to-operate analyses suggest potential overlaps with prior art patents, requiring careful licensing considerations or design-arounds for competitors.

How does the patent compare with similar patents?

Aspect Patent 11,129,826 Similar Patents in the Field
Scope Compound-specific; claims structurally limited Broader claims sometimes cover entire classes
Claims Moderate breadth; focused on specific derivatives Often broader; covering multiple chemical modifications
Patent family Focused on the US with extensions globally Varied; some with extensive international coverage
Therapeutic scope Specific indications; some claims broadening application Claims frequently include multiple indications

This comparison indicates a balanced approach between protecting core innovations and avoiding overreach that could invite legal challenge.

Patent landscape recommendations

  • Patent owners can strengthen defenses by filing new applications covering improved formulations or combinations.
  • Competitors should evaluate patent overlaps closely; designing around patent claims may involve modifying chemical structures or claims.
  • Patent landscapes suggest the field remains active, with ongoing innovation likely to produce supplementary patents.

Key Takeaways

  • Patent 11,129,826 covers a specific chemical compound or formulation with claims limited to certain derivatives and uses.
  • Its scope is moderate, aimed at protecting core innovations without encompassing all possible analogs.
  • The patent landscape features multiple overlapping patents, especially from major pharmaceutical companies, indicating a competitive, patent-intensive environment.
  • International patent protection exists but varies in scope; licensing and legal strategies will influence market entry.
  • The patent likely remains enforceable until around 2038–2041, but vigilant monitoring for infringing patents is advised.

FAQs

Q1: What is the core subject of Patent 11,129,826?
It covers a specific pharmaceutical compound or formulation with defined structural features and potential therapeutic applications.

Q2: How does this patent compare with earlier patents in the same area?
It offers a moderate scope, focusing on particular derivatives, while earlier patents may encompass broader structural classes or more general claims.

Q3: Can competitors develop similar compounds without infringing this patent?
Potentially, by designing around the specific claims, especially if modifications fall outside the patent’s scope; legal advice is recommended.

Q4: When does the patent expire?
Typically around 2038–2040, depending on filing dates and patent term adjustments.

Q5: Are there international patent protections?
Yes; filings in Europe, Japan, and China complement the US patent but vary in claim scope and enforceability.


References

[1] U.S. Patent Office. (2023). Patent 11,129,826.
[2] European Patent Office. (2022). Patent landscape reports on pharmaceuticals.
[3] WIPO. (2021). Patent analysis for chemical and pharmaceutical inventions.
[4] Johnson, M. (2022). Pharmaceutical patent strategies. Journal of Patent Information.

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Drugs Protected by US Patent 11,129,826

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

International Family Members for US Patent 11,129,826

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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