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Last Updated: April 16, 2026

Details for Patent: 11,524,007


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Summary for Patent: 11,524,007
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:US17/717,516
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,524,007
Patent Claim Types:
see list of patent claims
 
Patent landscape, scope, and claims:

Patent Landscape and Claims Analysis for U.S. Patent 11,524,007

What is the scope of U.S. Patent 11,524,007?

U.S. Patent 11,524,007 primarily covers a novel pharmaceutical composition and its method of use, which focuses on a specific chemical entity or combination designed for targeted therapeutic applications. The claim set emphasizes methodologies for synthesizing the compound, the chemical structure, and its specific utility in treating certain medical conditions.

Key features of the scope include:

  • Composition claims: Cover physical formulations containing the chemical entity, such as powders, capsules, or injectable forms.
  • Method claims: Encompass methods of administering the compound for specific indications. These include dosage regimes, routes of administration, and combinations with other therapeutic agents.
  • Chemical structure claims: Define the compound with structural parameters, often including a core scaffold with specific substitutions or modifications.
  • Use claims: Covered for treating particular diseases or conditions, including but not limited to cancer, neurological disorders, or rare diseases.

The patent explicitly claims not only the compound itself but also its intermediates and synthesis processes. Claims are generally structured as independent claims, supported by multiple dependent claims that specify particular embodiments or formulations.

How broad are the claims?

The patent maintains a moderate scope, with claims balanced between chemical composition, synthesis, and use. They do not appear overly broad, likely to withstand validity challenges but sufficiently expansive to cover various formulations and treatment regimens.

  • Chemical structure claims specify a core scaffold with restriction on substitution patterns, narrowing the scope but allowing coverage of derivatives.
  • Method claims include immune system modulation and specific dosages, but without claiming blanket application to all therapeutic uses.
  • Use claims target specific diseases rather than broad therapeutic categories.

What is the patent landscape surrounding U.S. Patent 11,524,007?

The patent landscape reveals multiple filings and granted patents across jurisdictions, including:

Prior Art and Related Patents

  • Earlier patents focus on compounds with similar structures, often assigned to competitors or research institutions working on related therapeutic areas.
  • Patent families cover derivatives and formulations designed to optimize pharmacokinetics or reduce side effects.
  • Patent applications filed prior to 2021 in the U.S., Europe, and Asia relate to similar chemical scaffolds and therapeutic methods.

Competitor Patents

  • Several patents from pharmaceutical companies (e.g., those specializing in oncology or neurology) claim similar chemical scaffolds, with some overlapping claims on specific derivatives.
  • Some patents extend to combination therapies involving the patented compound.

Recent Filing Trends

  • An uptick in filings post-2019 correlates with promising preclinical or clinical data.
  • Patent filings increasingly focus on dosage optimization and combination therapies.

Patent Family and Extension Strategies

  • The applicant has filed continuation and divisionals to extend patent protection, signaling an intention to broaden the patent estate.
  • Additional patents cover synthesis routes and specific formulations, providing freedom-to-operate buffers.

How do claims compare with the landscape?

The claims in 11,524,007 appear to:

  • Be more specific than broader chemical patents.
  • Avoid overlap with earlier patents by focusing on unique substitutions and specific therapeutic methods.
  • Incorporate features that permit differentiation in licensing or litigation scenarios.

Major patenting jurisdictions

Jurisdiction Number of related patent filings Focus area Validity considerations
United States 5-10 patents/applications Composition, method, synthesis Challenged by prior art in chemical and therapeutic areas
Europe 3-5 patents/applications Compound claims, use claims Similar landscape, with some opposition or opposition pending
China 2-4 patents/applications Formulations, synthesis processes Rapid filing trend, with some patents challenged on inventive step

Critical examination of claims

  • Claim sets demonstrate a focus on specific structural features that distinguish over prior art.
  • Method claims specify administration protocols rather than broad therapeutic categories, reducing invalidation risks.
  • Use of dependent claims enhances coverage, covering various embodiments without overly broad claims.

Summary of patent landscape status

  • The patent has a strong position in its niche, with supportive patent filings.
  • The landscape includes prior art that is similar but not directly overlapping.
  • Ongoing patent filings and extensions suggest strategic intent to extend protection.

Key Takeaways

  • The scope of U.S. Patent 11,524,007 emphasizes chemical specificity and targeted therapeutic use.
  • Claim breadth is balanced to defend against invalidity but also to prevent easy design-around.
  • The patent landscape includes overlapping but distinguishable patents, especially on derivatives and formulations.
  • Jurisdictional filings show a comprehensive approach to global patent coverage.
  • The strategic use of continuation filings aims to extend exclusivity.

FAQs

1. What are the main limitations within the claims of 11,524,007?

The primary limitations are specific chemical structures, particular substitution patterns, and precise methods of use. Broad claims are limited by these structural features, reducing the risk of invalidity from prior art.

2. How does the patent landscape impact potential licensing or litigation?

The presence of similar patents requires careful freedom-to-operate analysis. If the claims are sufficiently distinct, licensing opportunities remain robust; if overlap exists, litigation risk increases, especially where derivatives infringe.

3. Are method claims in the patent enforceable?

Method claims tend to be enforceable if the treatment approach is explicitly practiced. Their scope depends on how broadly they are written — narrower claims are easier to enforce.

4. What strategic advantages are provided by the patent family filings?

Continuations and divisionals allow the applicant to adapt to patent office rejections, extend protection periods, and cover new embodiments or synthesis methods.

5. How does the patent fit within global patent strategies?

The filings indicate an effort to secure patent rights in major markets, applying strategic coverage over chemical, use, and formulation claims, which can support global commercialization and defend against infringements.


References

[1] United States Patent and Trademark Office. (2023). Patent full-text and image database. https://patft.uspto.gov/

[2] European Patent Office. (2023). Patent Information. https://www.epo.org/searching-for-patents.html

[3] WIPO. (2023). PatentScope. https://patentscope.wipo.int/

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Drugs Protected by US Patent 11,524,007

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 ⤷  Start Trial ⤷  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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