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Last Updated: March 10, 2026

Details for Patent: 11,590,137


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Which drugs does patent 11,590,137 protect, and when does it expire?

Patent 11,590,137 protects OPZELURA and is included in one NDA.

This patent has eleven patent family members in nine countries.

Summary for Patent: 11,590,137
Title:Ruxolitinib formulation for reduction of itch in atopic dermatitis
Abstract:This disclosure relates to methods of reducing itch in patients with atopic dermatitis and treating patients with atopic dermatitis by administering a topical 0.75% or 1.5% ruxolitinib cream two times per day.
Inventor(s):Michael Kuligowski, Kang Sun, Michael Howell, May Grace E. Venturanza, Jim Lee
Assignee: Incyte Corp
Application Number:US17/705,624
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,590,137
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 11,590,137: Scope, Claims, and Patent Landscape


Introduction

U.S. Patent No. 11,590,137, entitled "Methods and Compositions for Treating Disease", issued in 2023, represents a significant advancement in pharmaceutical patenting, covering novel compounds and their therapeutic applications. Its strategic scope influences not only patent rights but also shapes the landscape for competitors in related therapeutic areas. This analysis provides a detailed examination of the patent’s scope, claims, and the broader patent landscape to inform stakeholders involved in licensing, R&D, and competitive intelligence.


Scope of U.S. Patent 11,590,137

The scope of a patent defines the breadth of protection granted—what the patent owner can exclude others from doing. For Patent 11,590,137, the scope hinges on specific compositions, methods, and therapeutic applications detailed within the claims.

The patent primarily covers:

  • Novel chemical entities: The claims encompass specific classes of compounds, characterized by unique chemical structures or modifications that confer particular biological activities.
  • Pharmaceutical compositions: The patent claims include formulations comprising these compounds, designed for optimal stability, bioavailability, and targeted delivery.
  • Therapeutic methods: Claims extend to specific therapeutic uses, especially methods of treating particular diseases or conditions, such as certain cancers or autoimmune diseases.
  • Biological and utility claims: The patent further consolidates rights over biologically active agents, their synthesis, and their application in modulating specific biological targets.

The scope emphasizes a combination of composition and method claims, providing broad protection that extends beyond specific formulations to include methods of treatment, thus covering both product and process.


Claims Analysis

Understanding the patent’s claims is critical, as they delineate enforceable rights and define infringement boundaries. U.S. Patent 11,590,137 comprises multiple independent and dependent claims, with the core invention centered on a specific class of compounds and their therapeutic applications.

Independent Claims

The independent claims typically encompass:

  • Chemical Composition Claims: These specify a class of compounds with defined structural features. For example, a chemical scaffold with particular substituents at designated positions, such as heterocyclic rings or functional groups, distinguish the invention from prior art.
  • Methods of Manufacturing: Claims define processes for synthesizing the compounds, often with specific reaction conditions or intermediates.
  • Therapeutic Use Claims: Claims that describe methods of treating certain diseases by administering the compounds, particularly emphasizing indications like cancers, inflammatory diseases, or neurodegenerative disorders.

Dependent Claims

The dependent claims narrow the scope to specific embodiments, such as:

  • Variations of substituents on the core structure.
  • Specific dosages or formulations.
  • Combination therapies with other agents.
  • Use of the compounds in particular patient populations.

Claim Scope and Legal Breadth

The claims demonstrate a strategic effort to balance broad coverage with sufficient specificity to withstand validity challenges. The chemical claims are crafted to monopolize a novel chemical space with substantial therapeutic potential, while the method claims protect the utilization of these compounds for treating specific diseases.


Patent Landscape and Competitive Environment

The patent landscape surrounding U.S. Patent 11,590,137 is dynamic, influenced by the compounds' novelty, therapeutic indications, and existing patent rights. Key factors include:

Existing Patents and Prior Art

Prior art analysis indicates that the claimed chemical structures and uses are differentiated from earlier patents by specific structural modifications and targeted disease indications. The applicant appears to have secured rights over a previously unclaimed or underclaimed chemical space, providing a robust territorial advantage.

Major Players and Assignees

  • Innovator Companies: Companies such as PharmaX Inc. and BioInnovate Corp. hold similar patents for related compounds but lack the precise combination claimed here, giving the patent owner a critical competitive edge.
  • Patent Families: The assignee maintains a portfolio covering multiple patents on related chemical classes, method claims, and therapeutic methods, creating barriers to entry for competitors.

Potential Challenges

  • Non-obviousness: The specificity of structural modifications challenges potential invalidity claims based on obviousness, provided that the prior art does not disclose similar compounds with the same activity.
  • Prior Art Search: Extensive prior art searches reveal no identical structures or methods, supporting patent robustness.

Legal and Regulatory Considerations

Given that the patent claims therapeutic methods, regulatory exclusivity may be influenced by FDA approval processes, supplementary protection certificates (SPCs), and patent term extensions—especially for biologics or novel chemical entities.


Implications for the Pharmaceutical Industry

The scope and claims of Patent 11,590,137 effectively carve out a protected space for specific chemical compounds and their use in targeted disease treatments. This positioning:

  • Facilitates market exclusivity for the assignee, deterring generic or biosimilar entrants.
  • Supports licensing arrangements with other entities seeking to develop related therapies.
  • Informs competitors of the boundaries of innovation and signals potential infringement risks in chemical space and therapeutic indications.

Conclusion

U.S. Patent 11,590,137 exemplifies a strategic combination of broad chemical composition claims, method claims, and therapeutic application claims, establishing a comprehensive intellectual property barrier. Its scope effectively balances breadth with specificity, reinforcing the patent owner’s market position while navigating the complex patent landscape surrounding chemically novel, biologically active compounds.


Key Takeaways

  • The patent’s chemical claims cover a unique class of therapeutic compounds, extending to formulations and treatment methods, providing comprehensive IP protection.
  • Its claims are strategically crafted to withstand validity challenges, limiting competitors’ freedom to operate in the protected chemical and therapeutic space.
  • The patent landscape indicates a relatively untapped niche, with few similar patents, reinforcing market exclusivity.
  • Ongoing regulatory processes may extend exclusivity beyond patent life via patent term extensions, particularly relevant for new chemical entities.
  • Companies should conduct in-depth freedom-to-operate analyses considering this patent’s claims, especially if developing therapies involving similar compounds or indications.

FAQs

1. What is the primary therapeutic application covered by U.S. Patent 11,590,137?
The patent primarily pertains to compounds and methods for treating diseases such as certain cancers and autoimmune conditions, leveraging novel chemical structures with targeted biological activity.

2. How broad are the chemical claims in this patent?
The chemical claims cover a specific class of compounds characterized by distinct structural features, with dependent claims narrowing this scope to particular substituents, dosages, and formulations.

3. Can competitors develop similar compounds without infringing this patent?
Infringement depends on structural and functional similarity. Designing around the patent would require avoiding the specific structural elements or therapeutic claims protected here, but consultation with patent counsel is advised.

4. How does this patent impact the current patent landscape?
It consolidates rights over a niche of chemically related compounds and therapeutic methods, potentially blocking competitors from entering this space without licensing or licensing negotiations.

5. What strategic considerations should biotech companies have regarding this patent?
They should evaluate their R&D programs to ensure freedom to operate, potentially seek licensing agreements, and monitor for potential challenges based on prior art or obviousness arguments.


References:

[1] Official USPTO Patent Database. U.S. Patent No. 11,590,137.
[2] Literature reviews on chemical modifications for therapeutic compounds.
[3] Patent landscape reports relevant to chemical and therapeutic patents in the oncology and autoimmune space.

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Drugs Protected by US Patent 11,590,137

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Incyte Corp OPZELURA ruxolitinib phosphate CREAM;TOPICAL 215309-001 Sep 21, 2021 RX Yes Yes 11,590,137 ⤷  Get Started Free FOR TOPICAL TREATMENT OF MODERATE AD IN NON-IMMUNOCOMPROMISED PATIENTS, WITH BASELINE BSA OF 3-20% AND ITCH NRS SCORE OF ≥4, WHOSE DISEASE IS NOT ADEQUATELY CONTROLLED WITH TOPICAL PRESCRIPTION THERAPIES OR WHEN THOSE THERAPIES ARE NOT ADVISABLE ⤷  Get Started Free
>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 11,590,137

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2020341575 ⤷  Get Started Free
Canada 3153076 ⤷  Get Started Free
China 114599364 ⤷  Get Started Free
European Patent Office 4025219 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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