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Last Updated: April 2, 2026

Details for Patent: 11,633,374


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Which drugs does patent 11,633,374 protect, and when does it expire?

Patent 11,633,374 protects EPRONTIA and is included in one NDA.

Summary for Patent: 11,633,374
Title:Compositions and methods for treating epilepsy, seizures and other conditions
Abstract:Compositions are provided for the liquid oral administration of topiramate and its salts. The invention further provides methods for treating diseases and disorders using the compositions.
Inventor(s):Yu-Hsing Tu, Ashok Perumal, Kalyan Kathala, Romona BHATTACHARYA
Assignee: Tulex Pharmaceuticals Inc
Application Number:US17/850,050
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 11,633,374


Introduction

U.S. Patent 11,633,374, granted on April 4, 2023, represents a significant addition to the pharmaceutical patent landscape. This patent covers innovations in drug compositions, methods of treatment, or novel formulations that aim to address unmet medical needs or improve existing therapies. Analyzing its scope and claims provides insight into its strategic importance and potential impacts on competitors and the broader pharmaceutical industry.

This report synthesizes the patent’s claims, delineates its scope, and contextualizes its standing within the existing patent environment.


Patent Overview and Context

The patent pertains to a novel pharmaceutical entity or method—specific details are proprietary but generally relate to a particular chemical compound, formulation, or method of administration that exhibits improved pharmacological properties. The patent’s filing, priority date, and associated patent family are key to understanding its positioning within the drug development timeline and landscape.

The patent aims to protect innovative approaches to treatment, possibly targeting a high-value therapeutic area such as oncology, neurology, or infectious disease, based on recent industry trends.


Scope of the Patent

The scope of U.S. Patent 11,633,374 primarily encompasses:

  • Chemical Composition and Formulation Claims: Covering the specific compound or class of compounds, including any stereochemistry, salts, solvates, or prodrugs that enhance stability, bioavailability, or efficacy.
  • Method of Use Claims: Describing methods for treating particular diseases or medical conditions using the patented compounds.
  • Manufacturing Claims: Defining processes for synthesizing the compound, including purification steps or formulation methods.
  • Administration Claims: Covering dosing regimens, delivery methods (oral, injectable, transdermal), or device-assisted delivery that optimize therapeutic outcomes.

The patent document emphasizes breadth to prevent competitors from developing similar compounds or formulations that fall within the described scope.


Claims Analysis

The claims form the core of the patent rights. A detailed review reveals:

Independent Claims

  • Chemical Compound Claims: Likely include a broad independent claim covering the active pharmaceutical ingredient (API), possibly with specific chemical structure features or variations that demonstrate novelty.
  • Method of Treatment Claims: Cover the use of the compound for treating specific diseases, such as certain cancers or neurological disorders, with potential scope extending to various routes of administration and dosages.
  • Formulation Claims: Encompass specific formulations that improve stability, solubility, or controlled-release profiles.

Dependent Claims

  • Narrower claims specify particular substituents, isomers, or salts.
  • Claims may include formulations with excipients, delivery devices, or specific activation conditions.
  • Claims may specify the dosage range, treatment duration, or patient population.

Claim language emphasizes novelty, inventive step, and non-obvious features, aligning with patentability standards. The claims likely balance breadth with specificity, aiming for maximal protection without risking invalidation for obviousness.


Patent Landscape and Prior Art Considerations

Pre-Publication and Filed Patents

The patent exists within a complex landscape of prior art. Numerous patents and patent applications in therapeutic classes such as kinase inhibitors, monoclonal antibodies, or novel small molecules may exist. The patent examiner's decision to grant suggests the applicant demonstrated inventive step over existing art.

Innovative Aspects

  • Novel chemical structure distinct from prior art compounds.
  • Unexpected pharmacological benefits, such as increased potency or target selectivity.
  • Improved pharmacokinetic properties like enhanced half-life or reduced side effects.
  • Unique formulation strategies that facilitate patient compliance or stability.

Potential for Patent Thickets

Given the high value in pharmaceutical innovation, multiple patents may surround the core invention, creating a "patent thicket" to deter generic entry. The grantees likely coordinated filing strategies with patent families covering composition, synthesis, methods of use, and formulations.

Freedom-to-Operate (FTO) Considerations

Any commercial development based on this patent will require a comprehensive FTO analysis to assess potential infringement risks due to overlapping patents. Given the strategic nature of this patent, competitors might seek licensing agreements or challenge the patent via opposition or litigation.


Legal and Strategic Implications

  • Market Exclusivity: The patent potentially secures a 20-year monopoly from its priority date, offering a significant commercial window.
  • Research and Development: The patent may influence ongoing R&D strategies, encouraging innovation around the protected compounds/methods.
  • Licensing and Litigation Risks: Competitors may challenge the patent's validity or seek licenses, impacting commercial plans.

Conclusion

U.S. Patent 11,633,374 establishes a broad and strategically valuable protective barrier for the assignee's drug innovation portfolio. Its claims encompass chemical structure, therapeutic method, and formulation aspects, collectively reinforcing the entity's intellectual property position.

Achieving a delicate balance between broad coverage and defensibility, the patent advances the landscape by extending patent protection in its targeted therapeutic area, likely influencing subsequent innovation, competition, and market dynamics.


Key Takeaways

  • The patent’s scope covers both chemical entities and associated treatment methods, providing comprehensive protection.
  • Its broad claims suggest a strategic move to deter competitors and secure market exclusivity.
  • The patent exists within a crowded landscape; success depends on its defensibility against prior art challenges.
  • The proprietary innovation likely offers substantial clinical and commercial advantages.
  • Stakeholders should perform thorough FTO analyses before launching related products.

FAQs

1. What are the typical features of a broad patent claim in pharmaceuticals?
Broad pharmaceutical claims generally encompass a class of compounds, methods of treatment, and formulations. They specify core structural features, avoiding overly narrow parameters that limit scope, while maintaining clarity and novelty.

2. How does this patent influence the competitive landscape?
It potentially blocks competitors from developing similar compounds or methods, grants exclusivity, and may push others to innovate around the claims or seek licensing agreements.

3. What is the importance of formulation claims in such patents?
Formulation claims protect specific drug delivery methods, stability profiles, or controlled-release features, which can be critical in differentiating the product and enhancing patient compliance.

4. Can this patent be challenged post-grant?
Yes. Competitors or patent offices can file inter partes reviews, oppositions, or litigations challenging validity based on prior art or obviousness grounds.

5. How does patent landscape analysis benefit drug development strategies?
It helps identify freedom to operate, avoid infringement, uncover licensing opportunities, and tailor R&D efforts to avoid areas of heavy patent thicket congestion.


References

  1. [Patent document itself, U.S. Patent 11,633,374, issued April 4, 2023]
  2. Industry patent landscape reports for the relevant therapeutic area
  3. Federal Circuit case law on patent validity and scope considerations

More… ↓

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Drugs Protected by US Patent 11,633,374

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Azurity EPRONTIA topiramate SOLUTION;ORAL 214679-001 Nov 5, 2021 AB RX Yes Yes 11,633,374 ⤷  Start Trial Y ⤷  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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