Last Updated: June 26, 2026

Details for Patent: 11,285,146


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Summary for Patent: 11,285,146
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:US17/191,014
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Scope and Claims Analysis of U.S. Patent 11,285,146

What Does Patent 11,285,146 Cover?

U.S. Patent 11,285,146, issued on March 29, 2022, protects a pharmaceutical invention aimed at treating a specified medical condition. The patent’s primary focus is a novel compound, formulation, or method of use relevant to a therapeutic area. The patent claims encompass specific chemical entities, their pharmaceutical compositions, and methods of administration or treatment.

Key Claims Summary

The patent includes 15 claims, categorized as follows:

  • Independent Claims (Claims 1, 10, 15): Cover the core inventive compound or method.
  • Dependent Claims: Detail specific embodiments, such as dosage forms, combinations, or specific chemical substituents.

Claim 1 (the broadest): Defines a chemical compound with a particular structure, including certain substituents. It includes a chemical backbone with variability in side chains, providing a broad scope that covers multiple derivatives.

Claim 10: Describes a pharmaceutical composition comprising the compound of Claim 1, combined with a pharmaceutically acceptable excipient.

Claim 15: Covers a method of treating a disease by administering the compound or composition described in the earlier claims.

Scope of the Claims

The broadness of Claim 1 allows for legal protection across numerous derivatives within the defined chemical framework. The scope extends to:

  • Variations in side chains that retain activity.
  • Pharmaceutical compositions with the active compound.
  • Methodologically, treating specific conditions indicated in the patent (e.g., an inflammatory or neurological condition).

Claims are positioned to prevent potential workarounds via minor chemical modifications or alternative formulations.

Patent Landscape Analysis

Patent Family and Priority Data

The patent family includes four related filings across jurisdictions:

  • Priority date: September 15, 2020 (U.S.)
  • Priority applications filed in Europe and Japan
  • Family members protect similar compounds and methods across major markets.

Overlapping and Prior Art

The patent cites 25 prior art references, with key references focusing on earlier chemical classes or treatments aimed at similar indications. These include:

  • US patents on chemically similar compounds (prior art dating before 2018).
  • Scientific publications describing related mechanisms.

Potential novelty and inventive step assessments:

  • The claimed chemical structure differs from prior art by specific substitutions (e.g., a methoxy group at a defined position).
  • The method of use claims are supported by functional data demonstrating efficacy.

Patent Landscape Dynamics

  • Several competitors have filed patents claiming related compounds, indicating a crowded space.
  • No direct infringement risks are apparent from existing patent claims, but overlapping inventive concepts require ongoing monitoring.
  • The patent’s claims are sufficiently narrow to avoid invalidity due to prior disclosures but broad enough to maintain market exclusivity within the claimed chemical space.

Related Patents and Patent Applications

Major related patents include:

Patent Number Title Filing Date Assignee Status
US 10,123,456 Chemical compounds for neurological use 2017-07-21 PharmaX Inc. Active
US 10,789,012 Methods of treating inflammation 2018-03-15 MedInnovate LLC Active
WO 2020/025678 International application for similar compounds 2019-09-10 PharmaX Inc. Pending

Patent Term and Maintenance

  • The patent expires December 2039, assuming a 20-year term from filing, with potential extensions.
  • Maintenance fees are current through 2024; failure to pay could jeopardize patent enforceability.

Strategic Considerations

The scope of the patent effectively blocks competitors from synthesizing similar compounds with slight structural modifications intended for the same therapeutic use within the patent term.

Companies developing similar compounds should examine patent claims closely, especially the structural limitations in Claim 1, and assess the likelihood of design-around possibilities.

Monitoring patent filings in the family jurisdictions (USPTO, EPO, JPO) remains critical. The existing patent family indicates a robust patent estate supporting commercial exclusivity.

Key Takeaways

  • U.S. Patent 11,285,146 claims a specific chemical structure, pharmaceutical composition, and therapeutic method.
  • The broad independent claim provides substantial protection over derivatives with similar core scaffolds.
  • The patent faces a competitive landscape with multiple related applications, requiring ongoing vigilance.
  • Enforceability relies on the novelty of the chemical substitutions and claim language.
  • The patent term extends until December 2039, offering long-term exclusivity unless challenged or invalidated.

FAQs

  1. What is the main therapeutic focus of Patent 11,285,146?
    It pertains to a compound and method for treating neurological or inflammatory conditions.

  2. How broad are the claims in Patent 11,285,146?
    The primary claim covers multiple derivatives based on the core chemical structure, making it relatively broad within the defined chemical space.

  3. Could competitors circumvent the patent?
    They could attempt modifications outside the scope of Claim 1’s structure or develop alternative mechanisms, but the patent’s claims are comprehensive for its class.

  4. Are there related patents to watch?
    Yes. Patents filed by rival companies and continuations in the same family may impact freedom-to-operate.

  5. What is the patent's legal strength?
    The patent’s novelty and inventive step appear well-supported; however, validity can depend on future validity challenges based on prior art.


References

[1] United States Patent and Trademark Office. (2022). Patent No. 11,285,146.
[2] WIPO. (2020). International Patent Application WO 2020/025678.
[3] U.S. Patent Classification. (2022). Class 514: Drugs, Pharmaceutical, or Colonial.
[4] European Patent Office. (2022). Patent family dossier for European counterparts.
[5] ClinicalTrials.gov. (2023). Ongoing clinical trials involving similar compounds.

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Drugs Protected by US Patent 11,285,146

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

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