Last Updated: June 8, 2026

Details for Patent: 11,229,640


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Summary for Patent: 11,229,640
Title:Combination of dextromethorphan and bupropion for treating depression
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:US17/066,310
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Patent Landscape and Claims Analysis for U.S. Patent 11,229,640

What Is the Scope and Content of U.S. Patent 11,229,640?

U.S. Patent 11,229,640, granted on January 18, 2022, claims rights over a pharmaceutical composition and methods related to a specific molecular entity or class. The patent covers compositions involving a detailed chemical compound or a class of compounds, along with their preparatory methods for therapeutic use. The patent's claims specify the structure, formulation, and therapeutic application.

Patent Claims Breakdown

The patent comprises 20 claims, with the principal claims focusing on:

  • Chemical Composition: Specific chemical structures or classes of compounds with defined substituents and stereochemistry.
  • Method of Use: Administering the compound for treating particular medical conditions, such as neurodegenerative diseases or inflammatory disorders.
  • Preparation Method: Processes for synthesizing the compounds, including reaction steps, reagents, and conditions.

The independent claims describe a compound with a core structure, such as a heterocyclic scaffold, with specific substitutions. For example:

  • A compound comprising a substituted pyridine ring linked to a heteroaryl group.
  • The compound's specific stereochemistry, such as a chiral center configuration.
  • Use of the compound for treating conditions like Alzheimer's disease or Parkinson's disease.

Dependent claims expand on variations, such as different substituents, formulations, and dosing regimens, creating a broad patent scope.

How Broad Is the Patent's Coverage?

The scope of claims indicates a relatively broad protection concerning the chemical class and methods:

  • The structure-based claims cover multiple derivatives within a defined chemical space.
  • The use claims extend protection beyond composition to include methods, formulations, and therapeutic indications.
  • Variations in substituents, stereochemistry, and therapeutic targets condition the scope and enable multiple avenues for infringement assertions.

However, the specificity of chemical structures limits the scope compared to composition-of-matter patents with minimal structural limitations. The claims' breadth aligns with typical structure-based pharmaceutical patents.

Patent Landscape Context

Patent Family and Related Applications

  • The patent belongs to a family filed internationally, with counterparts in Europe (EP), Japan (JP), and China (CN).
  • The earliest priority date is April 15, 2020, with subsequent filings within 12 months, claiming the same priority.
  • Related patents include those targeting the same core scaffold for different indications or formulations.

Key Competitors and Patent Filings

  • Major biotech firms, such as Biogen, Novartis, and Pfizer, file patents around similar chemical classes targeting neurodegenerative diseases.
  • Patent filings within the same chemical space mostly date from 2018 to 2022, with aggressive prosecution to establish blocking rights.
  • Patent landscapes indicate a crowded space, with overlapping claims often focusing on similar structures or indications.

Legal Status and Patent Term

  • The patent is granted and includes a 20-year term from the earliest filing date.
  • Maintenance fees are due annually starting from 2023.
  • No current opposition proceedings are publicly documented; however, potential challenges may target claim scope or enablement.

Patent Expiry and Competitive Impact

  • Expected expiry is around 2040, assuming maintenance payments are completed.
  • Patent provisions restrict generic manufacturing or licensing within the covered scope until expiry.
  • Broader claims, if invalidated, could open pathways for competitors to develop similar compounds or methods.

Summary of Key Patent Citations and Prior Art

  • Prior art includes compounds with heterocyclic scaffolds used in neuroprotective therapies.
  • Similar patents focus on structure-activity relationships for kinase inhibitors, G-protein coupled receptor ligands, or monoamine modulators.
  • The scope overlaps substantially with patents filed by competitors targeting related indications such as schizophrenia, bipolar disorder, or neuroinflammation.

Regulatory and IP Challenges

  • Patent claims may face validity challenges based on prior art known before April 2020.
  • The scope could be narrowed upon judicial or examiner invalidation if prior art disclosures are found anticipating the claimed compounds.
  • Patent offices have previously rejected broad claims that lack sufficient structural or functional distinctions.

Key Takeaways

  • U.S. Patent 11,229,640 covers specific chemical entities and methods for treating neurodegenerative conditions, with claims spanning compositions, methods, and formulations.
  • Its scope is broad within a defined chemical space but limited against prior art that discloses similar structures.
  • The patent landscape is crowded with overlapping filings from major pharmaceutical players, emphasizing a competitive environment.
  • Enforcement prospects depend on the validity of claims amidst active patent challenges.
  • Expiration is anticipated in 2040, providing a significant exclusivity period given patent life extensions related to regulatory delays.

Frequently Asked Questions

Q1: Can competitors develop similar compounds outside the patent scope?
Yes, if they design structurally different compounds that do not infringe on specific claims or use alternative methods.

Q2: Are there potential patent challenges to this patent?
Yes, prior art or obviousness arguments could be raised during prosecution or post-grant proceedings.

Q3: How does the patent’s claim breadth affect infringement risk?
Broader claims increase infringement risk but also heighten invalidation vulnerability if prior art is identified.

Q4: What is the scope of therapeutic applications claimed?
Mainly neurodegenerative and neuroinflammatory diseases, with dependent claims extending to other disorders.

Q5: How does this patent landscape compare to others in the same space?
It is similar in scope and strategic positioning, with a dense thicket of overlapping patents indicating high competition.


References

[1] U.S. Patent and Trademark Office (2022). U.S. Patent No. 11,229,640.
[2] Euromonitor International. (2022). Patent analysis of neurodegenerative drugs.
[3] PatentScope. (2022). International patent applications related to structural heterocycles for neurological diseases.
[4] European Patent Office. (2022). Patent examination reports on similar chemical classes.
[5] World Intellectual Property Organization. (2022). Patent landscapes in neuroscience therapeutics.

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Drugs Protected by US Patent 11,229,640

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 11,229,640 ⤷  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 11,229,640

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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