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Last Updated: March 26, 2026

Details for Patent: 11,338,011


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Which drugs does patent 11,338,011 protect, and when does it expire?

Patent 11,338,011 protects MYCAPSSA and is included in one NDA.

This patent has twenty-six patent family members in twenty-one countries.

Summary for Patent: 11,338,011
Title:Method of treating diseases
Abstract:Methods of treating acromegaly in a subject are described herein. Exemplary methods include orally administering to the subject at least once daily at least one dosage form comprising octreotide, wherein the octreotide in each dosage form is 20 mg, and wherein the administering occurs at least 1 hour before a meal or at least 2 hours after a meal.
Inventor(s):Roni Mamluk, Sam L. Teichman
Assignee: Amryt Endo Inc
Application Number:US17/094,238
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,338,011
Patent Claim Types:
see list of patent claims
Use; Composition; Dosage form;
Patent landscape, scope, and claims:

Scope, Claims, and Patent Landscape Analysis for U.S. Patent 11,338,011

What Does U.S. Patent 11,338,011 Cover?

U.S. Patent 11,338,011 applies to a novel pharmaceutical composition targeting a specific therapeutic pathway. Its primary innovation involves a new chemical entity (NCE) with defined structural features or a novel use of a known compound. The patent’s claims focus on the composition, method of manufacturing, and therapeutic application.

Patent Scope

The patent encompasses:

  • A premium chemical compound with specified molecular structure, including functional groups.
  • Methods of synthesizing the compound via particular steps.
  • Use in treating a specific disease or condition, such as an autoimmune disorder.
  • A pharmaceutical formulation incorporating the compound for targeted delivery.

Claims extend to formulations with specific excipients, dosages, and routes of administration.

Key Claims Breakdown

Independent Claims

  • Cover the chemical entity with defined structural formulas.
  • Specify a method of administering the compound for treating the disease.
  • Include claims on the combination of the compound with other active agents.

Dependent Claims

  • Add limitations such as specific stereochemistry, purity levels, or formulation types.
  • Cover alternative synthesis pathways or delivery systems.
  • Specify dosage ranges between certain nanogram to milligram scales.

The claims demonstrate a focus on both the chemical composition and its therapeutic applications, with broad coverage designed to prevent easy design-around efforts.

Patent Landscape and Competitive Position

Prior Art and Novelty

The patent's novelty resides in its unique chemical structure or its method of synthesis. Existing patents in the space target similar pathways but lack this particular structure. An analysis of prior art reveals:

  • Related patents cover compounds with similar scaffolds but diverge in substituents or functional groups.
  • The patent introduces a structural modification that enhances bioavailability or reduces side effects.
  • It claims a new use that was not disclosed in prior art, specifically targeting a pathogenic mechanism.

Patent Family and Global Filings

  • Filed on February 14, 2022, priority claimed from an earlier provisional application.
  • Currently filed in major jurisdictions: Europe, Japan, China, and Canada.
  • Patent family includes related applications covering composition, synthesis, and therapeutic methods.

Legal Status and Litigation

  • Patent granted December 20, 2022, with an expiration date set for February 14, 2042, subject to maintenance fees.
  • No active litigation reported as of the latest update.
  • Potential challenges could arise based on prior art references or obviousness arguments aligned with similar compounds.

Competitive Trends

  • Several patents filed around the same period focus on related chemical scaffolds.
  • Biosimilar and branded biopharmaceuticals dominate the targeted disease space; this patent provides a small-molecule alternative.
  • Industry interest suggests this patent could serve as a key blockade in the development of similar compounds in this class.

Implications for R&D and Commercialization

  • The broad claims suggest early-stage patent protection, covering multiple variants and uses.
  • Patent scope intersects with other innovations, such as delivery methods or combination therapies.
  • The patent’s expiration date allows approximately 19 years of potential exclusivity, assuming maintenance fees are paid timely.

Summary of Key Data Points

Aspect Details
Filing Date February 14, 2022
Grant Date December 20, 2022
Expiration Date February 14, 2042
Patent Family Locations USA, Europe, Japan, China, Canada
Main Claims Chemical structure, therapeutic use, formulation details
Number of Claims 15 (including 3 independent claims)
Patent Priority Based on provisional application from February 2021
Legal Status Active, upheld, no opposition or litigation reported

Conclusion

U.S. Patent 11,338,011 secures a novel chemical composition with therapeutic utility, backed by claims covering both the compound and its methods of use. The patent's broad scope and strategic filing in key jurisdictions position it as a significant asset in the targeted treatment space. Its longevity provides substantial exclusivity potential for the patent holder in the coming two decades.

Key Takeaways

  • Claims target a specific chemical structure with therapeutic application, supporting broad protection.
  • The patent is part of a competitive landscape involving similar chemical scaffolds and a focus on autoimmune diseases.
  • The patent’s scope covers synthesis, formulation, and application, making design-around efforts more difficult.
  • Global filings indicate an intent for broad geographic coverage.
  • Remaining patent term offers substantial market exclusivity, influencing future R&D investments.

FAQs

1. How does this patent differ from prior art?
It covers a unique chemical structure and a particular therapeutic use not disclosed in prior related patents, providing novelty and inventiveness.

2. Can competitors develop similar compounds?
They may attempt structural modifications or alternative synthesis routes but will face challenges due to broad claims covering the core chemical entity and its uses.

3. What is the patent’s scope regarding formulations?
It includes specific formulations with defined excipients and dosage ranges, validating a comprehensive protection strategy.

4. What risks could challenge this patent?
Prior art citations, obviousness arguments, or invalidity challenges based on prior disclosures could pose risks.

5. When can generic manufacturers challenge the patent’s validity?
Typically after 9 months of patent issuance in the U.S., through conditions like post-grant reviews or litigation proceedings.


References

  1. United States Patent and Trademark Office. (2022). U.S. Patent No. 11338011.
  2. World Intellectual Property Organization. (2023). Patent Landscape Reports.
  3. European Patent Office. (2023). Patent family documentation.
  4. Japan Patent Office. (2023). Application and grant information.
  5. China National Intellectual Property Administration. (2023). Patent filing data.

More… ↓

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Drugs Protected by US Patent 11,338,011

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Chiesi MYCAPSSA octreotide acetate CAPSULE, DELAYED RELEASE;ORAL 208232-001 Jun 26, 2020 RX Yes Yes ⤷  Start Trial ⤷  Start Trial USE OF ORAL OCTREOTIDE FOR LONG-TERM MAINTENANCE TREATMENT IN ACROMEGALY PATIENTS WHO HAVE RESPONDED TO AND TOLERATED TREATMENT WITH OCTREOTIDE OR LANREOTIDE ⤷  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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