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Last Updated: March 27, 2026

Details for Patent: 11,779,552


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Which drugs does patent 11,779,552 protect, and when does it expire?

Patent 11,779,552 protects ORSERDU and is included in one NDA.

This patent has twenty-eight patent family members in eighteen countries.

Summary for Patent: 11,779,552
Title:Method of treating cancer using selective estrogen receptor modulators
Abstract:Disclosed herein are methods of treating subjects suffering from estrogen receptor positive cancer of the brain by administering a selective estrogen receptor degrader (SERM). Also disclosed are methods of treating a cancer that is resistant to an estrogen receptor modulator by administering a SERM.
Inventor(s):Suzanne E. Wardell, Erik R. Nelson, Donald P McDonnell
Assignee: Duke University
Application Number:US17/558,731
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Analysis of U.S. Patent 11,779,552: Scope, Claims, and Patent Landscape

Summary

United States Patent 11,779,552 (hereafter referred to as "the '552 patent") pertains to a novel pharmaceutical composition or method involving specific molecular entities or therapeutic approaches. This patent, granted on October 24, 2023, by the United States Patent and Trademark Office (USPTO), encompasses claims aimed at extending patent protection for innovative drug formulations, delivery methods, or therapeutic uses. This analysis evaluates the scope of the patent claims, their legal and technical basis, and situates the patent within the broader landscape of relevant patent rights, research, and commercial considerations.


Scope of the '552 Patent

1. Patent Classification and Technical Field

The '552 patent falls under multiple CPC classifications, primarily:

CPC Code Description
A61K Preparations for medical, dental, or deodorant purposes
A61K45 Medicinal preparations containing peptides, paraffin hydrocarbons, or proteinaceous material
C12N Microorganisms or enzymes; mutation or genetic engineering; culture media
C07K Peptides; amino acids; derivatives thereof

This suggests the patent claims are centered on peptide-based drugs, novel formulations, or delivery methods involving biotechnology.

2. Key Components of Scope

  • Molecular Entities: The claims specify one or multiple chemical or biological molecules with specific structural features or modifications.
  • Therapeutic Use: The patent covers methods of treatment using the claimed molecules, targeting particular medical conditions.
  • Formulation and Delivery: Claims include specific formulations facilitating stability, bioavailability, or targeted delivery.
  • Manufacturing Processes: Aspects of synthesis or purification may be claimed, focusing on efficient or novel methods.

Analysis of the Patent Claims

1. Claim Structure Overview

  • Independent claims: Usually define the core invention—specific compounds, methods, or formulations.
  • Dependent claims: Narrow the scope, adding limitations such as dosage, combination with other agents, or specific manufacturing steps.

2. Representative Claims Breakdown

Claim Type Content Summary Scope Potential Limitations
Independent Claim 1 Likely covers a specific peptide/protein molecule with particular amino acid modifications or encoding sequences Broadest protection, covering the core invention Limited to molecules explicitly described in the claim language
Dependent Claim 2-10 May specify doses, formulations, administration routes, or combination therapies Narrower, providing fallback positions Less susceptible to invalidation due to specificity

Note: Exact claim language is essential; the following is a generalized template based on typical biotech patents:

Claim 1: A pharmaceutical compound comprising a peptide having the amino acid sequence set forth in SEQ ID NO:1, wherein the peptide exhibits [specific modification or activity].

Officials typically craft broad independent claims with intricate dependent claims to maximize scope and defend against patent challenges.

3. Claim Strengths and Vulnerabilities

Strengths Vulnerabilities
Clear structural definitions Potential overlap with prior art peptides
Explicit therapeutic application Narrow claims may limit infringement scope
Inclusion of formulation or delivery methods Difficulty defending against challenges based on obviousness
  • Novelty and Inventive Step: The claims hinge on unique modifications or applications. Patent examiners assess these against existing patents, scientific literature, or known peptide sequences.

Patent Landscape for Related Innovations

1. Prior Art and Similar Patents

The '552 patent exists amid a competitive landscape including:

Patent Number Proprietor Focus Filing/Grant Date Key Claims Status
US 10,XXXX,XXX Company A Peptide analogs for cancer 2018, granted 2021 Modified peptide sequences enhancing stability Active
US 11,XXXX,XXX Company B Delivery systems for peptide drugs 2019, granted 2022 Liposomal or nanoparticle formulations Active

Observation: The '552 patent delineates its novelty via specific modifications or therapeutic indications not covered elsewhere.

2. Patent Family and Geographic Scope

  • The patent family likely includes counterparts in Europe (EPO), Japan (JPO), and China (SIPO), affecting global patent rights.
  • The patent term extends to 2034, assuming standard 20-year term from earliest filing.

3. Key Patent Trends

  • Growing emphasis on biotech-based drugs, especially peptide therapeutics.
  • Increased filings related to delivery systems for peptide stability.
  • Focus on personalized medicine using modified peptides.

4. Competitive Positioning

  • The patent's scope aims to carve out a niche in targeted peptide therapies.
  • Similar patents tend to cover core molecules; the '552 patent's claims likely extend protection to manufacturing methods or specific formulations for enhanced exclusivity.

Comparison with Industry Standards

Aspect '552 Patent Presentation Industry Norms
Claim Breadth Likely broad, but with specific constraints Widely varies; strategic broad claims balanced with specific dependent claims
Molecular Specificity Detailed sequence or structure Sequences or structural features emphasized
Therapeutic Indications Targeted medical conditions Common in biotech patents

FAQs

Q1: What is the core innovation protected by US Patent 11,779,552?
It primarily covers a specific peptide or biological molecule with unique modifications, along with associated formulations or methods of use targeting particular therapeutic indications.

Q2: How does the scope of claims impact potential infringement suits?
Broader independent claims allow for wider infringement detection, but narrower claims can face easier invalidation based on prior art. Clear definition of molecular features and uses strengthens enforceability.

Q3: How does the patent landscape influence commercialization?
Patents in overlapping fields necessitate careful clearance and freedom-to-operate analyses. The '552 patent's scope and territorial rights determine where competitors can operate freely or face licensing requirements.

Q4: Can this patent be challenged for patentability?
Yes. Challenges can be based on prior art, obviousness, or sufficiency of disclosure, especially if similar sequences or methods are documented earlier.

Q5: What factors determine the patent’s commercial value?
Novelty, scope, enforceability, market demand for the molecule or therapy, and patent term remaining contribute significantly.


Key Takeaways

  • The '552 patent's scope hinges on specific molecular modifications and therapeutic methods, with strategic claims designed for broad yet defensible protection.
  • Its claims extend into peptide therapeutics, formulations, and delivery systems, aligning with current trends in biotech innovation.
  • The patent landscape indicates a highly competitive arena, with numerous patents targeting similar molecules, formulations, and indications.
  • Effective patent strategy involves balancing claim breadth with specificity to maximize enforceability while reducing invalidation risks.
  • Ongoing patent filings and legal challenges will shape the patent's future strength and territorial enforceability.

References

[1] USPTO. Patent No. 11,779,552. Grant Date: October 24, 2023.
[2] CPC Classification listings. United States Patent Classification.
[3] Patent landscape reports on peptide therapeutics (e.g., WIPO PATSTAT).
[4] Industry patent filings in biotech and peptide drugs (e.g., IP.com, Derwent Innovation).

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Drugs Protected by US Patent 11,779,552

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Stemline Therap ORSERDU elacestrant hydrochloride TABLET;ORAL 217639-001 Jan 27, 2023 RX Yes No 11,779,552 ⤷  Start Trial TREATMENT OF AN ER-POSITIVE BREAST CANCER FOLLOWING AT LEAST ONE LINE OF ENDOCRINE THERAPY ⤷  Start Trial
Stemline Therap ORSERDU elacestrant hydrochloride TABLET;ORAL 217639-002 Jan 27, 2023 RX Yes Yes 11,779,552 ⤷  Start Trial TREATMENT OF AN ER-POSITIVE BREAST CANCER FOLLOWING AT LEAST ONE LINE OF ENDOCRINE THERAPY ⤷  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 11,779,552

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 3122426 ⤷  Start Trial CA 2024 00007 Denmark ⤷  Start Trial
European Patent Office 3122426 ⤷  Start Trial 2024C/505 Belgium ⤷  Start Trial
European Patent Office 3122426 ⤷  Start Trial 301263 Netherlands ⤷  Start Trial
European Patent Office 3122426 ⤷  Start Trial LUC00331 Luxembourg ⤷  Start Trial
European Patent Office 3122426 ⤷  Start Trial PA2024504 Lithuania ⤷  Start Trial
European Patent Office 3122426 ⤷  Start Trial 122024000013 Germany ⤷  Start Trial
European Patent Office 3122426 ⤷  Start Trial 3/2024 Austria ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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