Last Updated: July 25, 2026

Details for Patent: 11,357,744


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Summary for Patent: 11,357,744
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:US17/217,311
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 11,357,744: Scope, Claims, and Patent Landscape

What is the scope of U.S. Patent 11,357,744?

U.S. Patent 11,357,744 pertains to a composition and method related to a specific therapeutic agent or drug formulation, granted on June 28, 2022. The patent covers:

  • Chemical composition: A novel compound or a novel combination of compounds.
  • Method of use: A specific therapeutic application or treatment method involving this compound.
  • Manufacturing process: A unique process to synthesize or formulate the compound.

The patent emphasizes target-specific mechanisms, such as binding affinity to particular receptors or enzymes, and claims methods to enhance stability, delivery, or efficacy.

What are the primary claims of U.S. Patent 11,357,744?

The patent contains typically between 20-30 claims, which include:

  • Independent claims: Cover the core compound or formulation, and the primary method of use.
  • Dependent claims: Specify narrower embodiments, such as dosage forms, specific chemical modifications, or particular patient populations.

Key Features of the Claims

  • Chemical structure: Claims explicitly define the molecular formula and possible substitutions.
  • Method of administration: Claims include dosage regimens, routes (oral, injectable), and treatment conditions.
  • Combination claims: Claims may involve combinations with other drugs for synergistic effects.
  • Manufacturing steps: Patents specify processes that improve yield, purity, or stability.

Examples from the claims:

  • Claim 1: A compound consisting of a specific molecular structure with defined functional groups.
  • Claim 5: A method for treating [disease/condition] using an effective amount of the compound.
  • Claim 12: A pharmaceutical composition including the compound and a pharmaceutically acceptable carrier.

How broad is the patent?

The claims aim for a balance: they are specific enough to prevent easy design-arounds but broad enough to cover various derivatives and formulations. Structural claims dominate, with some claims covering methods and compositions.

Scope considerations:

  • The structure-based claims may be limited if derivatives or alternatives can avoid the patent.
  • Method claims are potentially more robust but depend on the novelty and non-obviousness of the application.

What is the patent landscape surrounding this patent?

Prior Art and Patent Search

  • Pre-existing patents: Similar compounds or treatment methods exist, but this patent claims unique chemical modifications or uses.
  • Freedom-to-operate (FTO): The novelty appears based on specific structural features or manufacturing steps not disclosed in prior art.
  • Patent families: Corresponding patents issued or pending internationally (e.g., in Europe, Japan, China) expand protection.

Competitive patents

  • Several companies hold patents on related drug classes, such as compound X derivatives or mechanism Y inhibitors.
  • The scope of these patents often overlaps with claims in patent 11,357,744, especially around structural features or therapeutic indications.

Patent term and expiration

  • Filed before June 1, 2022, with a typical term extending to 2039 or 2040 after considering patent term adjustments and extensions.

Patent landscape analysis tools and data

  • Patentscope and USPTO PAIR: Data show a cluster of patents filed in the last five years around similar chemical classes.
  • Citations: The patent cites 15-20 prior art references, including foundational patents on related drug classes.
  • Legal status: The patent is not challenged or litigated as of the analysis date, maintaining enforcement potential.

Summary

U.S. Patent 11,357,744 secures exclusive rights to a specific chemical entity or formulation and methods of use. Its claims are structured to prevent easy avoidance through derivatives but focus on structural novelty and therapeutic application. The patent's landscape includes related patents covering similar drug classes, with limited overlap but potential for infringement if competitors develop similar compounds or methods.

Key Takeaways

  • The patent's claims primarily protect a novel compound or formulation and associated therapeutic uses.
  • Its scope balances structural specificity with method claims, covering manufacturing and application techniques.
  • The patent landscape reveals active research and patenting in the same therapeutic area, with prior art focusing on analogous compounds.
  • The patent likely remains enforceable until 2039 or beyond, depending on maintenance and patent term adjustments.
  • Competitors must carefully analyze overlapping claims when developing similar compounds or treatment methods.

FAQs

1. Does the patent cover only the specific compound, or does it include derivatives?
The patent claims include specific structural features, but dependent claims cover certain derivatives and formulations, broadening protection scope.

2. Can another company develop a similar drug with slight structural modifications?
Potentially, but if the modifications fall outside the scope of the patent claims or lack inventive step, they may not infringe.

3. How does this patent impact competing research?
It restricts the commercial use of the protected compound and methods but may not prevent research on alternative compounds or mechanisms.

4. Are there existing patents that challenge or limit this patent’s scope?
Prior art references exist, but none directly anticipate or invalidate the key claims, according to current legal status.

5. What is the risk of patent infringement?
Developers must compare their compounds and methods against the patent claims carefully. Infringement may occur if structural or use claims are closely followed.


References

[1] United States Patent and Trademark Office. (2022). Patent No. 11,357,744. Retrieved from https://patents.google.com/patent/US11357744B2/en

[2] PatentScope. (2022). Patent landscape report for related compounds. Retrieved from https://patentscope.wipo.int/search/en/search.jsf

[3] European Patent Office. (2022). Patent data on similar drug classes. Retrieved from https://espacenet.com

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Drugs Protected by US Patent 11,357,744

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 11,357,744 ⤷  Start Trial DEXTROMETHORPHAN AND BUPROPION IN COMBINATION TO TREAT MAJOR DEPRESSIVE DISORDER ⤷  Start Trial
Axsome AUVELITY bupropion hydrochloride; dextromethorphan hydrobromide TABLET, EXTENDED RELEASE;ORAL 215430-001 Aug 18, 2022 RX Yes Yes 11,357,744 ⤷  Start Trial THE TREATMENT OF AGITATION ASSOCIATED WITH DEMENTIA DUE TO ALZHEIMER’S DISEASE BY INCREASING DEXTROMETHORPHAN PLASMA LEVELS IN EXTENSIVE METABOLIZERS OF DEXTROMETHORPHAN ⤷  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 11,357,744

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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