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Details for Patent: 11,491,137
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Which drugs does patent 11,491,137 protect, and when does it expire?
Patent 11,491,137 protects VANRAFIA and is included in one NDA.
This patent has thirty-three patent family members in twenty-one countries.
Summary for Patent: 11,491,137
| Title: | Methods of improving renal function | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Provided herein are methods of improving kidney function in a subject in need thereof. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Philip Thomas Frohlich, Andrew James KING, Chidambaram Ramachandran, Sarah Beth Noonberg | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Chinook Therapeutics Inc | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US17/826,843 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 11,491,137: Atrasentan for IgA Nephropathy Patent Scope and Competitive LandscapeUS Patent No. 11,491,137 protects methods of treating biopsy- or biomarker-confirmed IgA nephropathy with atrasentan. The strongest commercial embodiment is a daily atrasentan dose of about 0.75 mg in patients with persistent proteinuria and reduced or preserved renal function within defined eGFR ranges. The patent is a method-of-use patent, not a composition, formulation, manufacturing, or product-by-process patent. The claims can create a meaningful barrier to an atrasentan generic used for IgA nephropathy, but they do not block every use of atrasentan. Infringement generally requires practice of the claimed IgA nephropathy treatment method, including the specified diagnosis and, for dependent claims, dose, salt form, proteinuria, or eGFR limitations. What does US Patent 11,491,137 protect?The independent claim protects:
The patent does not require a particular formulation, tablet design, dosing frequency, duration of therapy, background standard of care, or renal endpoint in claim 1.
How broad are the independent and dependent claims?Claim 1 is broad in dose and product presentation but narrow in disease context. It does not specify:
The disease-diagnosis limitation is central. A patient must have been previously diagnosed with IgA nephropathy, and the claim identifies biopsy, anti-glycan antibody detection, or IgA immune-complex deposition as diagnostic routes. The dependent claims create multiple fallback positions. If a court limits claim 1 based on prior art or written-description arguments, claims directed to 0.75 mg, persistent proteinuria, and defined eGFR ranges may remain commercially important. What dose is most directly protected?The most commercially relevant dose is about 0.75 mg of atrasentan. Claims 5 and 21 expressly recite that dose. The broader nested ranges are:
The use of "about" introduces claim-construction questions concerning acceptable manufacturing, dosing, and measurement variation. A generic product labeled at a nominal dose other than 0.75 mg could still implicate broader range claims if the administered amount falls within those ranges. What patient populations are covered?The patent covers several overlapping IgA nephropathy populations. Proteinuria-defined populationClaims 11-14 require average urinary protein excretion before treatment for at least approximately three months. The ranges include:
These limitations align the patent with patients who have persistent proteinuria, a major risk marker for IgA nephropathy progression and a common enrollment criterion in renal clinical trials. eGFR-defined populationClaims 15-17 cover patients with average eGFR values over at least approximately three months of:
The claims therefore reach both moderate chronic kidney disease and patients with relatively preserved kidney function. They do not cover every IgA nephropathy patient because subjects outside the stated eGFR ranges may fall outside the narrower claims, although claim 1 has no eGFR limitation. What formulations and salt forms are protected?US 11,491,137 does not claim a specific tablet, capsule, excipient system, release profile, particle size, coating, or fixed-dose combination. It covers the active ingredient as:
Claims 7-9 specifically identify hydrochloride and mandelate forms. Claim 8 is directed to atrasentan hydrochloride, while claim 9 is directed to atrasentan mandelate. Claim 10 covers the free base. This structure gives the patent chemical-form coverage but does not establish that a particular commercial tablet formulation is protected by this patent. Separate formulation or solid-state patents would be required to block non-infringing use of the active ingredient based on tablet architecture or manufacturing characteristics. When does US Patent 11,491,137 lose exclusivity?The patent issued on November 8, 2022. Its base patent term should run approximately 20 years from the earliest effective nonprovisional or international filing date under 35 U.S.C. §154. Based on the patent family’s reported priority framework, the expected base term is in the 2037 period, subject to:
The grant date does not determine expiration. The controlling date is the USPTO patent-term record for the specific patent and its priority chain. No conclusion that the patent expires in 2042 should be drawn merely from its November 2022 issuance. Exclusivity timeline
What is the Orange Book status of atrasentan?Atrasentan is not an FDA-approved commercial drug as of the cited public regulatory record. The FDA Orange Book lists approved drug products and patent information submitted for those products. Without an approved atrasentan reference-listed drug, US 11,491,137 is not functioning as an Orange Book-listed patent for an approved product. That distinction matters. The absence of an Orange Book listing means:
The regulatory position can change if atrasentan receives FDA approval and the sponsor submits the patent for listing. Are Paragraph IV challenges available?A Paragraph IV challenge is not currently the principal risk mechanism for this patent because it depends on an approved reference-listed drug and an Orange Book-listed patent. If atrasentan is later approved and US 11,491,137 is listed, an ANDA applicant could potentially challenge it by asserting that:
A method-of-use patent may be addressed through a label that omits the patented indication, subject to the scope of the approved labeling, induced-infringement principles, and the Hatch-Waxman skinny-label framework. A label that expressly promotes atrasentan for IgA nephropathy would present a materially stronger infringement case than a label limited to an unrelated indication. What patent litigation affects atrasentan?No major public US infringement action involving US 11,491,137 is established in the information provided. The principal future litigation scenarios are:
The most likely validity pressure points are the pre-existing use of endothelin receptor antagonists in renal disease, prior clinical investigation of atrasentan, obviousness of dose selection, and whether the specification adequately supports the full diagnostic, proteinuria, eGFR, salt, and dose combinations. How strong is the patent estate?US 11,491,137 has moderate-to-strong commercial value as a clinical-use patent if the approved product label tracks the claimed population and dose. Its strengths are:
Its limitations are:
The estate is stronger against an identical IgA nephropathy label than against an off-label or disease-specific label that omits the patented indication. How does this patent compare with generic and biosimilar risk?Atrasentan is a small molecule, so biosimilar risk is not relevant. The relevant competitive threat is a generic or another small-molecule endothelin receptor antagonist.
What licensing and commercial issues matter?Atrasentan development rights have been associated with Chinook Therapeutics, which Novartis acquired in 2023. Novartis has advanced atrasentan development in IgA nephropathy, including the ALIGN program. The patent’s commercial value therefore depends on whether atrasentan receives approval, the approved label, and the extent to which the label overlaps the claimed dose and patient populations. No product revenue can be attributed to atrasentan under an FDA-approved IgA nephropathy indication before approval. Revenue exposure is prospective rather than current. If approved, the patent could protect the primary indication through the late 2030s, but other patents, regulatory exclusivity, clinical differentiation, and payer restrictions will determine the practical launch barrier. What generic launch scenarios exist?Scenario 1: No approval before patent expiryThe patent creates no immediate generic launch pathway because an ANDA cannot substitute for an unapproved reference product. Commercial entry would require approval of atrasentan or a different regulatory route. Scenario 2: Approval with the IgA nephropathy indicationA generic applicant would face the strongest risk if its labeling includes:
This scenario is most likely to produce a Paragraph IV dispute if the patent is listed. Scenario 3: Approval with a narrow non-infringing labelA generic could attempt to omit IgA nephropathy or exclude the claimed patient population. The commercial value of that strategy depends on whether the omitted indication drives most prescribing and whether physicians, payers, or distributors encourage use for the patented indication. Scenario 4: Patent invalidation or non-infringement rulingA successful challenge could remove the principal use-of-treatment barrier while leaving any separate formulation, manufacturing, or regulatory exclusivity intact. Key Takeaways
FAQsCan a generic sell atrasentan for another kidney disease before this patent expires?Potentially. The supplied claims are limited to IgA nephropathy and do not cover every renal indication. Liability would depend on the approved label, promotional conduct, and whether the treatment practice satisfies the claim limitations. Does administering atrasentan hydrochloride automatically infringe the patent?No. The salt form alone is insufficient. The patient must also have the claimed IgA nephropathy diagnosis, and the treatment must satisfy the relevant dose, proteinuria, eGFR, and other limitations of the asserted claim. Is a 0.75 mg atrasentan tablet protected by a formulation patent?Not by the supplied claims. The claims protect administration of approximately 0.75 mg in specified disease settings. A separate formulation patent would be required to protect tablet composition or release characteristics. Can an applicant avoid the patent by using atrasentan mandelate instead of hydrochloride?Not necessarily. Claims 7 and 9 expressly cover atrasentan mandelate, while broader claims cover pharmaceutically acceptable salts. Switching salt forms is unlikely to avoid every claim. Does US Patent 11,491,137 protect treatment of all IgA nephropathy patients?No. Claim 1 is broad within the disease indication, but the dependent claims require particular dose, proteinuria, eGFR, or salt limitations. Patients outside those limitations may still fall within claim 1, but not necessarily within the narrower claims. References
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Drugs Protected by US Patent 11,491,137
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Novartis | VANRAFIA | atrasentan hydrochloride | TABLET;ORAL | 219208-001 | Apr 2, 2025 | RX | Yes | Yes | 11,491,137 | ⤷ Start Trial | TREATMENT OF PRIMARY IMMUNOGLOBULIN A NEPHROPATHY (IGAN) | ⤷ 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 11,491,137
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2020404984 | ⤷ Start Trial | |||
| Brazil | 112022012075 | ⤷ Start Trial | |||
| Canada | 3161516 | ⤷ Start Trial | |||
| China | 113272013 | ⤷ Start Trial | |||
| China | 116173014 | ⤷ Start Trial | |||
| China | 116327758 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
