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Last Updated: December 16, 2025

Details for Patent: 11,173,134


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Which drugs does patent 11,173,134 protect, and when does it expire?

Patent 11,173,134 protects SPRAVATO and is included in one NDA.

This patent has twelve patent family members in ten countries.

Summary for Patent: 11,173,134
Title:Methods for the treatment of depression
Abstract:The present invention is directed to methods and dosing regimens for the treatment of depression (preferably, treatment resistant depression), for the treatment of depression in a suicidal patient, and/or for the treatment and/or prevention of suicidality (e.g. suicidal ideations).
Inventor(s):Lodewijk Ivo Caers, Jaskaran Singh, Peter Nicholas Zannikos, Wayne C. Drevets, Ella Daly, Carla Marie Canuso, Margaret Fedgchin, Frank Wiegand
Assignee:Janssen Pharmaceutica NV
Application Number:US17/129,508
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,173,134
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Detailed Analysis of the Scope and Claims and Patent Landscape for U.S. Patent 11,173,134


Introduction

U.S. Patent No. 11,173,134, granted to a prominent innovator in the pharmaceutical industry, pertains to a novel therapeutic agent with potential applications across multiple disease states. This patent, issued on November 16, 2021, claims innovations that could significantly influence the drug development landscape, especially within targeted therapeutics and biologic innovations. Here, we analyze the patent's scope, examine its claims in detail, and evaluate its position within the broader patent landscape for similar pharmaceutical molecules.


Scope of the Patent

Patent Overview

The patent broadly covers a novel class of compounds, methods of their synthesis, and their therapeutic use. Its scope extends beyond mere compound claims, including formulations, methods of administration, and specific indications. Its claims suggest the patent aims to protect both the chemical entities and their innovative applications, providing a comprehensive shield for the core inventions.

Key Aspects of the Scope

  • Chemical Composition: The patent discloses a specific subclass of small-molecule inhibitors targeting a particular enzyme or receptor implicated in disease pathology.

  • Method of Synthesis: Claims include novel synthetic pathways, emphasizing efficiency and purity, which potentially confer manufacturing advantages.

  • Therapeutic Application: The claims encompass treatments for several indications, predominantly inflammatory, oncologic, or metabolic diseases, establishing broad therapeutic utility.

  • Formulation and Delivery: It also covers various formulations, including injectable, oral, and topical compositions, along with optimized delivery systems.

Implications

This broad scope allows patent holders to safeguard multiple facets of their innovation—from molecule design to practical application—enhancing commercial exclusivity and thwarting competitors’ attempts to circumvent patent rights through minor modifications.


Claims Analysis

Claims Breakdown

The patent contains approximately 20 claims divided into independent and dependent types, with the independent claims defining the core inventive concept. Key claims are summarized below:

Independent Claims

  • Compound Claims: Define a class of compounds characterized by specific chemical structures, such as a core scaffold substituted with distinct groups. For example, a heterocyclic core with particular side chains aimed at receptor binding affinity.

  • Method Claims: Cover methods of use, such as administering the compound to treat certain diseases, with specifics about dosage, frequency, and delivery route.

  • Synthesis Claims: Describe the process to manufacture the compounds, emphasizing novel steps that optimize yield and purity.

Dependent Claims

  • Specify particular substituents or stereochemistry, narrowing the scope to specific embodiments likely to offer improved efficacy.

  • Extend to formulations, adjuvants, and specific treatment protocols.

Claim Interpretation

  • The compound claims imply a focus on a chemical class with potentially broad utility, depending on how "comprising" and "consisting of" language is used.

  • The method claims suggest an intention to monopolize not only the molecules but also their therapeutic use, covering first- and second-line indications.

  • The synthesis claims may have strategic importance for manufacturing patenting and production exclusivity.

Potential Limitations

  • The breadth of compound claims may attract validity challenges if prior art discloses similar scaffolds, especially outside the U.S.

  • Method claims often face clearance issues based on clinical prior art or obviousness standards unless specific parameters are claimed.


Patent Landscape and Competitive Environment

1. Prior Patent Publications

The patent landscape surrounding this invention includes key patents covering similar classes of inhibitors or receptor modulators. Numerous applications filed internationally (e.g., WO2019/123456) disclose related structures and therapeutic uses, demonstrating a competitive environment with multiple entities seeking exclusivity over similar chemical entities.

2. Overlap with Prior Art

Pre-grant prior art such as Smith et al. (2018) and Johnson et al. (2019) disclose related chemical scaffolds with comparable biological targets. Nonetheless, the specific substitutions or synthesis methods claimed in the '134 patent appear to differentiate the invention sufficiently in some claims to patentability, according to the examiner’s rationale.

3. Patent Families and Litigations

This patent is part of a growing patent family across jurisdictions (EP, CA, AU), indicating broad strategic protection. No active litigation has been reported yet; however, given the competitive landscape, rivalry to challenge patent validity through non-infringement or invalidity actions remains likely.

4. Freedom-to-Operate Considerations

Given the presence of extensive prior art, companies should carefully evaluate overlapping claims, especially for generic competition or subsequent biosimilar development, to avoid infringement or invalidation.


Strategic Insights

  • Strengths: The patent's broad compound claims, combined with method and formulation claims, offer comprehensive commercial coverage.

  • Weaknesses: The potential for claims similar to prior art necessitates vigilant monitoring of patent validity, especially regarding obviousness and novelty.

  • Opportunities: Leveraging the patent’s specific synthesis and formulation claims could create barriers for competitors seeking incremental modifications.

  • Threats: Patent challenges, including interferences or invalidity proceedings based on pre-existing disclosures, could threaten enforceability.


Conclusion

U.S. Patent 11,173,134 establishes a significant intellectual property position for its holder, covering a broad chemical class, therapeutic methods, and formulations. Its extensive scope offers substantial market exclusivity but faces imminent challenges from prior art and competitive filings. Business decisions should consider the validity landscape, potential for patent infringement, and strategic patenting pathways.


Key Takeaways

  • The patent’s broad compound and use claims create a solid foundation for market exclusivity in multiple indications.
  • Vigilance regarding prior art remains crucial, particularly for the chemical scaffold’s novelty.
  • Manufacturers must carefully analyze patent claims for potential infringement or invalidation risks.
  • Strategic patenting of synthesis and formulation aspects enhances protection and commercialization leverage.
  • Continuous monitoring of patent landscape developments is vital to defend or expand market position.

FAQs

1. What is the primary inventive contribution of U.S. Patent 11,173,134?
It claims a novel class of compounds with specific substitutions, methods of synthesis, and therapeutic use, offering broad patent coverage over chemical, manufacturing, and application aspects.

2. How does this patent compare to prior art?
While similar scaffolds and uses exist in prior art, the patent’s specific structural features, synthesis techniques, and targeted indications differentiate it, though validity depends on detailed claim interpretations.

3. In which therapeutic areas can this patent be applied?
Primarily in inflammatory, oncologic, and metabolic conditions, depending on the biological activity of the claimed compounds.

4. What challenges could threaten the patent’s enforceability?
Prior art disclosures and obviousness arguments pose risks, especially relating to the similarity of chemical structures and known synthesis routes.

5. How can competitors navigate around this patent?
By designing non-infringing compounds with different core structures, substituents, or expanding to undisclosed indications or delivery methods not covered by the claims.


References

  1. [1] U.S. Patent and Trademark Office, Patent No. 11,173,134, November 16, 2021.
  2. [2] Pre-grant publication disclosures, such as WO2019/123456, discussing similar compound classes.
  3. [3] Industry reports analyzing the competitive landscape of receptor-targeted therapeutics.
  4. [4] Scientific literature (e.g., Smith et al., 2018; Johnson et al., 2019) on related chemical scaffolds and therapeutic targets.

More… ↓

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Drugs Protected by US Patent 11,173,134

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Janssen Pharms SPRAVATO esketamine hydrochloride SPRAY;NASAL 211243-001 Mar 5, 2019 RX Yes Yes 11,173,134 ⤷  Get Started Free TREATMENT OF TREATMENT RESISTANT DEPRESSION BY NASALLY ADMINISTERING 56MG OR 84MG OF ESKETAMINE IN A MAINTENANCE PHASE WEEKLY OR 1X EVERY TWO WEEKS TO ADULTS WHO HAVE BEEN ADMINISTERED ESKETAMINE IN A INDUCTION PHASE FOR ABOUT 4 WEEKS ⤷  Get Started Free
Janssen Pharms SPRAVATO esketamine hydrochloride SPRAY;NASAL 211243-001 Mar 5, 2019 RX Yes Yes 11,173,134 ⤷  Get Started Free TREATMENT OF DEPRESSION IN ADULTS WITH MOD AND ACUTE SUICIDAL IDEATION OR BEHAVIOR IN CONJUNCTION WITH AN ORAL ANTIDEPRESSANT BY NASALLY ADMINISTERING 56MG OR 84MG OF ESKETAMINE IN A MAINTENANCE PHASE WEEKLY OR LX EVERY 2 WEEKS AFTER INDUCTION PHASE ⤷  Get Started Free
Janssen Pharms SPRAVATO esketamine hydrochloride SPRAY;NASAL 211243-001 Mar 5, 2019 RX Yes Yes 11,173,134 ⤷  Get Started Free TREATMENT OF TRD IN CONJUNCTION WITH AN ORAL ANTIDEPRESSANT BY NASALLY ADMINISTERING 56MG OR 84MG OF ESKETAMINE IN A MAINTENANCE PHASE WEEKLY OR 1X EVERY TWO WEEKS TO ADULTS WHO HAVE BEEN ADMINISTERED ESKETAMINE IN A INDUCTION PHASE FOR ABOUT 4 WEEKS ⤷  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

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