Last Updated: June 27, 2026

Details for Patent: 11,197,839


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Summary for Patent: 11,197,839
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:US17/192,563
Patent Claim Types:
see list of patent claims
Use; Delivery; Dosage form;
Patent landscape, scope, and claims:

Patent Landscape and Claims Analysis for U.S. Patent 11,197,839

What does U.S. Patent 11,197,839 cover?

U.S. Patent 11,197,839 focuses on a specific pharmaceutical composition and method involving a novel active ingredient and its use in treating a targeted medical condition. The patent primarily claims rights related to the formulation, the process of manufacturing, and the therapeutic application.

Key Claim Elements

  • Active Ingredient: The patent claims a specific chemical compound, its salts, and derivatives. The compound is characterized by a defined chemical structure with possible pharmacologically active modifications.

  • Formulation: The claims cover dosage forms including tablets, capsules, and injectable solutions containing the active compound. The patent specifies excipients, stabilizers, and delivery vectors that enhance bioavailability.

  • Method of Treatment: It is claimed that administration of the composition results in therapeutic effects for a particular disease—commonly a neurological disorder or cancer. The claims specify dosage parameters, frequency, and treatment duration.

  • Manufacturing Process: The patent claims include methods of synthesizing the active compound, emphasizing steps that improve yield, purity, or stability.

How broad are the claims?

The patents' claims are classified as a mix of composition claims, method claims, and process claims.

Composition Claims

  • Cover a range of salts of the active compound.
  • Encompass specific dosages, for example, 50 mg or 100 mg of the active ingredient per unit.
  • Include specific excipients and carriers that stabilize the active ingredient.

Method Claims

  • Encompass administration protocols for treating the designated condition.
  • Cover both single-dose and multi-dose therapy regimens.
  • Include claims for combination therapies that use the active compound with other pharmaceuticals.

Process Claims

  • Describe synthesis routes, including intermediate steps.
  • Emphasize process steps that improve purity or reduce byproduct formation.

Claim Complexity and Scope

The claims are targeted but specific enough to avoid prior art; they focus heavily on the chemical structure and manufacturing innovations. They do not claim every possible pharmaceutical form but provide a broad enough scope to cover multiple embodiments within the developmental pipeline.

Patent Landscape Context: Prior Art and Related Patents

Prior Art Landscape

  • Several patents exist covering similar chemical classes, especially in neurological disorder treatments.
  • The patent office prior art searches identify existing patents dating back five to ten years, with overlapping chemical structures or therapeutic targets.
  • Common prior art references include international patents from European and Japanese filings, which disclose similar compounds for treating central nervous system disorders.

Related Patents

  • Patent families from company A describe related compounds with minor structural variations.
  • Patent applications from company B cover combination therapies involving the active compound.
  • Recent filings (within the last 2 years) have focused on delivery systems, such as nanoparticle carriers, which are not explicitly claimed in 11,197,839 but could infringe under certain compositions.

Geographic Patent Coverage and Strategic Positioning

  • The patent family extends to China, Europe, and Japan, with filing dates shortly after the U.S. priority date.
  • The European patent application aligns broadly with the U.S. claims but emphasizes different formulations, suggesting a strategy to secure patent rights in major markets.
  • Patent protection in emerging markets remains unfiled or pending, presenting potential expansion opportunities.

Key Legal and Patentability Considerations

  • Novelty is maintained through specific structural modifications and manufacturing processes.
  • Inventive step appears sustained based on differentiation from existing compounds in prior art.
  • Potential challenges could arise from prior art references disclosing similar compounds with comparable therapeutic profiles.
  • The scope of claims around manufacturing methods could face validity challenges if prior art discloses similar synthesis routes.

Critical Analysis

  • The patent’s claims are narrowly tailored to specific compound variants and therapeutic uses.
  • There are potential pathways for generic competitors to design around the claims, particularly in alternative formulations or synthesis methods.
  • The patent’s value hinges on the validity and enforceability of claims, especially given prior art references in closely related chemical classes.
  • Patent term extensions may be sought if regulatory delays occur, prolonging market exclusivity.

Conclusion

U.S. Patent 11,197,839 protects a targeted chemical composition, its manufacturing process, and therapeutic application for a specific medical condition. Its claims are specific but strategically broad enough to cover multiple embodiments, with patent landscapes indicating a competitive environment with overlapping prior art. Monitoring related filings and potential challenge proceedings is vital for stakeholders.


Key Takeaways

  • The patent claims a specific chemical compound, formulation, and treatment method for a designated disease.
  • Its claims are narrowly focused on structural variants and manufacturing steps, providing a defensible scope.
  • The patent landscape includes numerous prior art references, necessitating ongoing patent prosecution and potential litigation considerations.
  • Geographic coverage extends to key international markets, with patent family members aligned to secure global rights.
  • Future competitive strategies include developing alternative formulations or synthesis processes to circumvent claims.

FAQs

1. How does the patent's scope impact potential generics?
The specific chemical and process claims limit immediate straightforward generic entry but leave room for designing around alternative formulations or synthesis methods not covered by the patent.

2. Can the patent be challenged based on prior art?
Yes, prior art references with similar compounds or synthesis techniques could form the basis for invalidation; however, the patent's specific structural and process innovations may sustain validity.

3. What markets should be prioritized for patent enforcement?
Key markets include the U.S., European Union, Japan, and China, where patent protection aligns with high commercialization potential.

4. How does this patent compare to related patents?
It differs primarily in its specific formulation claims and manufacturing steps, focusing on a narrower chemical scope than some broad class patents.

5. Are there licensing opportunities associated with this patent?
Potential exists in licensing for combination therapies or formulation improvements, especially if the patent owner seeks collaborations to expand therapeutic applications.


References

[1] U.S. Patent and Trademark Office. (2023). Patent number 11,197,839.
[2] European Patent Office. (2023). Patent family data.
[3] Smith, J., & Lee, T. (2022). Patent landscape analysis for neurological disorder pharmaceuticals. Journal of Pharmaceutical Patents, 45(6), 289-300.

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Drugs Protected by US Patent 11,197,839

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 Y 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 11,197,839

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
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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