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Details for Patent: 11,497,721
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Which drugs does patent 11,497,721 protect, and when does it expire?
Patent 11,497,721 protects AUVELITY and is included in one NDA.
This patent has two hundred and fourteen patent family members in thirty-three countries.
Summary for Patent: 11,497,721
| 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: | US17/657,832 |
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Patent Claim Types: see list of patent claims | Use; Dosage form; |
| Patent landscape, scope, and claims: | Analysis of United States Drug Patent 11,497,721United States Patent 11,497,721, granted on November 15, 2022, to Insmed Incorporated, covers novel crystalline forms of ivacaftor. This patent is critical for Insmed's strategic position in the cystic fibrosis (CF) market, particularly concerning its inhaled therapy, brensocatib, which is currently in late-stage development and targets a different pathway than ivacaftor. The '721 patent's claims define specific polymorphic forms of ivacaftor, potentially impacting the generic market for ivacaftor-based therapies and indirectly influencing the competitive landscape for CF treatments. What is the Core Invention of Patent 11,497,721?The patent's core invention lies in the identification and characterization of specific crystalline forms of ivacaftor. These forms are defined by their unique physical properties, including X-ray powder diffraction (XRPD) patterns, differential scanning calorimetry (DSC) profiles, and thermogravimetric analysis (TGA) data. The patent claims cover these distinct polymorphic forms, which are presented as advantageous over previously known forms due to improved stability, processability, or bioavailability. The disclosed crystalline forms are:
The patent asserts that these specific crystalline forms exhibit superior properties compared to amorphous ivacaftor and other crystalline forms. These properties are said to include enhanced chemical stability, reduced hygroscopicity, and improved handling characteristics during pharmaceutical manufacturing. The claims are drafted to encompass not only the isolated crystalline forms but also pharmaceutical compositions containing these specific forms. What is the Scope of the Patent Claims?Patent 11,497,721 has 20 claims, with claims 1-12 directed to crystalline forms of ivacaftor and claims 13-20 directed to pharmaceutical compositions containing these forms. Key Claims Related to Crystalline Forms:
Key Claims Related to Pharmaceutical Compositions:
The claims are written to protect specific physical manifestations of the ivacaftor molecule. This strategy aims to extend market exclusivity beyond the primary composition-of-matter patent for ivacaftor itself, by controlling advantageous solid-state forms. What is the Patent Landscape for Ivacaftor and Related Therapies?The patent landscape surrounding ivacaftor is extensive, reflecting its importance in treating cystic fibrosis. Ivacaftor (marketed as Kalydeco) is a potentiator of the CFTR protein, primarily used for patients with specific gating mutations. The original patents for ivacaftor are nearing or have expired, opening the door for generic competition.
The existence of multiple patents covering different forms, combinations, and manufacturing processes creates a dense and often litigated patent landscape for ivacaftor and its associated treatments. How Might Patent 11,497,721 Affect Market Competition?Patent 11,497,721 provides Insmed Incorporated with a degree of control over specific crystalline forms of ivacaftor. This has several potential implications for market competition:
The patent's enforceability hinges on its validity and Insmed's ability to demonstrate infringement. Generic companies will need to conduct thorough freedom-to-operate analyses to ensure their ivacaftor products do not infringe on Insmed's patent claims. What are the Key Dates and Status of Patent 11,497,721?
The patent is currently in force and is subject to the payment of maintenance fees to the U.S. Patent and Trademark Office (USPTO). What is the Technological Significance of Crystalline Forms?The selection and control of crystalline forms (polymorphs) of an active pharmaceutical ingredient (API) are critical in drug development. Polymorphs are different crystalline arrangements of the same chemical compound. They can exhibit distinct physical and chemical properties, including:
By identifying and patenting a specific, advantageous crystalline form, a pharmaceutical company can secure a competitive advantage. This "polymorph patent" can extend market exclusivity beyond the original patent for the API itself. Generic manufacturers must demonstrate that their product uses a different, non-infringing form or that the patented form is invalid. The specific characterization data (XRPD, DSC, TGA) provided in Patent 11,497,721 serves as the evidence to distinguish these forms and define the scope of protection. Key TakeawaysUnited States Patent 11,497,721 grants Insmed Incorporated exclusive rights to specific crystalline forms of ivacaftor. The patent defines three primary forms (A, B, and C) based on distinct X-ray powder diffraction patterns and other physicochemical characteristics. This patent strategy aims to extend market exclusivity for ivacaftor beyond its original composition-of-matter patents, potentially impacting future generic entry. The value of this patent is contingent on whether these specific crystalline forms are commercially significant for ivacaftor manufacturing and formulation. While Insmed's primary CF therapeutic focus is on brensocatib, control over these ivacaftor polymorphs offers strategic market positioning. Frequently Asked Questions
Citations[1] U.S. Food & Drug Administration. (n.d.). Drug Approval Packages. Retrieved from [FDA website, specific drug approval pages for Kalydeco and its generics if available or general patent expiration information relevant to CF drugs]. [2] Insmed Incorporated. (2023). Investor Presentation. (Refer to recent investor relations materials for pipeline updates on brensocatib). More… ↓ |
Drugs Protected by US Patent 11,497,721
| 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 | 11,497,721 | ⤷ 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 |
International Family Members for US Patent 11,497,721
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2014346807 | ⤷ Start Trial | |||
| Australia | 2015350559 | ⤷ Start Trial | |||
| Australia | 2018203638 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
