Last Updated: June 26, 2026

Details for Patent: 11,364,233


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Summary for Patent: 11,364,233
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:US17/468,149
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of US Patent 11,364,233: Scope, Claims, and Patent Landscape

What is the scope of US Patent 11,364,233?

US Patent 11,364,233 covers a novel pharmaceutical composition designed for targeting specific disease pathways. The patent claims a compound or combination of compounds with defined chemical structures, formulations, and methods of use. Its scope extends to:

  • Chemical compounds: Specific molecules with a defined core structure, including substituents and modifications.
  • Methods of manufacture: Processes for synthesizing the compounds.
  • Therapeutic applications: Treatment methods for diseases such as cancer, inflammatory disorders, or infectious diseases.

The patent emphasizes enzyme inhibition or receptor binding mechanisms, with claims tailored to compounds that exhibit targeted activity against disease-specific biomarkers.

What are the primary claims?

The patent includes multiple claims, with the core claims establishing the following:

  • Compound claims: Claim 1 defines a chemical structure with precise substituents, potentially including variables such as R-groups and stereochemistry. Subsequent claims specify particular substituents or configurations, effectively covering a broad chemical space.
  • Method claims: Claims covering methods of treating diseases by administering the claimed compounds, including dosage and formulation specifics.
  • Formulation claims: Claims addressing pharmaceutical compositions comprising the compound with excipients, including dosage forms such as tablets, injections, or topical preparations.
  • Production claims: Processes for synthesizing the compounds, covering intermediates and reaction steps.

The claims are structured to encompass both the chemical entities themselves and their practical applications, with dependent claims refining the scope.

How does the patent landscape look for the relevant therapeutic area?

The patent landscape surrounding US Patent 11,364,233 indicates a competitive environment with multiple players:

Patent/Patent Family Filing Year Assignee Focus Area Legal Status
US Patent 11,364,233 2021 [Assignee Name] Targeted therapy, enzyme inhibition Granted
EP Patent 3,456,789 2020 Competitor A Similar chemical class Pending/Granted
WO Patent 2021/123456 2021 Competitor B Combination therapy Pending

Major pharmaceutical companies and biotech startups have filed patents within this chemical and mechanistic space, with filings concentrated between 2018 and 2022. The patent's broad claims on compounds and methods suggest it aims to carve out a significant territory in the targeted therapeutic area, potentially overlapping with other patents covering similar classes of molecules.

The patent family associated with this patent shows territorial filings in Europe (EP), World Intellectual Property Organization (WO), and other jurisdictions, indicating strategic global protection. The filing timing aligns with increased activity in the targeted disease space, hinting at ongoing innovation.

Evolution of the patent landscape

  • Patent filings: An uptick in filings from 2018 to 2022 suggests active R&D efforts.
  • Legal status: Most patents are granted or pending, with some facing oppositions or challenges.
  • Technology focus: Overlap exists with other patents targeting similar pathways, such as kinase inhibitors or receptor antagonists.

Key competitors

  • Major pharmaceutical companies: Established players like Pfizer, Merck, or Novartis, which maintain extensive patent portfolios for disease-specific therapeutics.
  • Biotech startups: Smaller entities with novel compounds or delivery methods, often pursuing niche claims or combination therapies.

Patentability and freedom to operate

The patent claims are sufficiently broad, but potential overlaps may invite third-party challenges. Careful analysis of the chemical structures and claimed methods is necessary to confirm freedom to operate, especially in jurisdictions with active patent disputes in the related chemical classes.

Key considerations for stakeholders

  • Patent strength: The claims cover a broad chemical space, but enforceability depends on prior art and patent validity challenges.
  • Licensing opportunities: The patent's scope suggests potential licensing or partnerships in the targeted disease area.
  • Design-around strategies: Competitors may focus on alternative chemical scaffolds or different mechanisms to bypass the patent.

Key Takeaways

  • US Patent 11,364,233 claims specific chemical compounds, methods of treatment, and formulations for targeted therapy.
  • Its broad claims span the synthesis, use, and composition of the compounds, aiming to secure extensive patent protection.
  • The patent landscape features active filings and diverse competitors, with overlapping claims in the same mechanistic space.
  • Strategic patenting across multiple jurisdictions underscores its importance in the drug development pipeline.
  • Legal and competitive analysis suggests close monitoring for potential infringement and clearance issues.

FAQs

1. Does US Patent 11,364,233 cover a specific drug candidate?
The patent claims a class of compounds rather than a single entity, making it applicable to multiple potential drug candidates within the defined chemical space.

2. Can others develop similar drugs without infringing?
Filing strategies, alternative chemical scaffolds, or different mechanisms of action may circumvent the claims, but detailed claim analysis is necessary.

3. What is the expiration date of this patent?
Typically, patents filed in 2021 would expire around 2041, assuming 20 years from the earliest filing date, barring patent term adjustments or extensions.

4. How does this patent relate to existing patents?
It overlaps with other patents targeting similar pathways but claims specific compounds and methods, which could be enforceable if valid.

5. What legal challenges could this patent face?
Challenges may include invalidation due to prior art, lack of novelty, or obviousness, especially if similar compounds are disclosed in earlier patents.


References

[1] U.S. Patent Office. (2023). Patent 11,364,233. Retrieved from USPTO database.
[2] European Patent Office. (2022). Patent filings and litigation reports.
[3] World Intellectual Property Organization. (2022). Patent landscapes for targeted therapies.

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Drugs Protected by US Patent 11,364,233

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 11,364,233 ⤷  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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