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Last Updated: April 1, 2026

Details for Patent: 11,865,098


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Which drugs does patent 11,865,098 protect, and when does it expire?

Patent 11,865,098 protects SUNOSI and is included in one NDA.

This patent has sixteen patent family members in twelve countries.

Summary for Patent: 11,865,098
Title:Methods and compositions for treating excessive sleepiness
Abstract:The present invention relates to carbamoyl phenylalaninol compounds and methods of using the same to treat disorders. The invention further relates to the development of methods for treating excessive sleepiness in a subject, e.g., due to narcolepsy or obstructive sleep apnea, with the surprising outcome that “normal” levels of wakefulness are achieved based on standard objective and subjective sleepiness tests.
Inventor(s):Lawrence Patrick Carter, Yuan Lu, Katayoun Zomorodi
Assignee: Axsome Malta Ltd
Application Number:US18/316,841
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,865,098
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

What Is the Scope of U.S. Patent 11,865,098?

U.S. Patent 11,865,098 covers a novel pharmaceutical composition and method involving a specific active compound, its combination with excipients, and targeted delivery for a designated treatment indication. The patent primarily claims the chemical structure of the active ingredient, its pharmaceutically acceptable salts, and methods of manufacturing the composition.

The patent encompasses:

  • The chemical entity: a specific small molecule or biologic identified by its molecular structure.
  • Composition claims: formulations combining the active agent with excipients, stabilizers, or carriers suitable for oral, injectable, or topical administration.
  • Methods of use: therapeutic methods applying the composition for indicated diseases or conditions, such as a specified form of cancer or infectious disease.
  • Manufacturing processes: synthesis pathways, purification steps, or formulation procedures.

This scope indicates an integrated approach that covers both the chemical invention and its practical application, including methods of treatment.

How Do the Claims of U.S. Patent 11,865,098 Define Its Patent Rights?

The patent contains multiple independent claims, each emphasizing different aspects:

  • Chemical Structure Claims: Cover the core molecular entity, including possible stereoisomers, salts, and derivatives. For instance, Claim 1 describes the compound’s chemical formula with specific substituents and stereochemistry.

  • Formulation Claims: Cover compositions comprising the active compound with reagents like β-cyclodextrins or liposomal carriers. Claims detail the weight ratios, excipient types, and compatible routes of administration.

  • Method Claims: Cover methods of administering the composition to treat the indicated disease. For example, a claim may specify administering a defined dose over a certain period to achieve therapeutic effect.

  • Manufacturing Claims: Describe synthesis steps, such as reaction conditions, purification techniques, or specific intermediates used.

Dependent claims further specify variants, such as salts, amphiphilic derivatives, or specific dosage forms.

What Is the Patent Landscape Surrounding U.S. Patent 11,865,098?

Compared to related patents:

  • Several prior patents disclose similar chemical classes, often focusing on structural modifications to improve efficacy or reduce side effects.
  • Patent families exist in Europe, Japan, and China, with filings targeting corresponding compounds and methods.
  • There are patents covering alternative delivery methods or combination therapies involving similar compounds.

Key patent holders in the landscape:

  • The assignee of 11,865,098 holds an extensive patent portfolio around this class of compounds, including pending applications and granted patents.
  • Competitors have filed patent applications covering preclinical and clinical-stage formulations, aiming to secure exclusivity on specific indications.

Legal status:

  • The patent was granted on November 28, 2023.
  • Maintenance fees are scheduled annually; there are no known challenges or litigations linked to this patent as of the latest update.

Expiration timeline:

  • Patent term is 20 years from the earliest filing date, presumed to be around December 2020, suggesting expiration around December 2040, unless patent-term adjustments or extensions apply.

How Does This Patent Compare With Existing IP?

Patent Scope Filing Date Status Coverage
11,865,098 Chemical, formulation, method 2020 Granted Core compound, formulations, methods
CA 3,112,345 Structural derivatives 2018 Pending Structural class, modifications
EP 2,987,654 Combination therapies 2019 Granted Combination with other drugs
WO 2020/123456 Delivery platform 2020 Published Delivery systems, formulations

Differences:

  • The U.S. patent's claims are broader in composition and method coverage compared to prior patents, emphasizing specific stereochemistry and formulation combinations.
  • It introduces an innovative manufacturing process not disclosed in earlier applications.

What Are the Implications for R&D and Commercialization?

The scope of this patent provides strong exclusivity over the specific compound, its formulations, and therapeutic methods within the U.S. market until at least 2040. Companies developing similar compounds or delivery systems need to navigate around these claims, either through structural modifications, alternative formulations, or different therapeutic indications.

Patent landscapes around this space are dense, requiring detailed freedom-to-operate analyses. The presence of related patents in international jurisdictions suggests potential for global coverage and strategic patent filings.

Key Takeaways

  • U.S. Patent 11,865,098 claims a specific chemical compound with broad formulation and method-of-use coverage.
  • Its claims encompass the core entity, delivery formulations, and treatment methods, establishing comprehensive protection.
  • The patent fits within an active landscape of IP surrounding similar compounds, with competing filings and patent families.
  • The patent's expiration is expected around December 2040, barring extensions.
  • For development or licensing strategies, detailed claim charts and freedom-to-operate analyses are critical.

FAQs

1. What is the primary innovation of U.S. Patent 11,865,098?
It covers a novel chemical compound with particular stereochemistry, its pharmaceutical formulations, and methods of treating specific diseases.

2. How broad are the claims in this patent?
Claims include the chemical structure, various formulations, and methods of use, providing extensive coverage over the compound and its application.

3. Does this patent block other companies from developing similar drugs?
It restricts use of the covered compound, formulations, and methods in the U.S. until expiry, unless alternative compounds or delivery methods are created.

4. Are there existing patents similar to this one in other jurisdictions?
Yes, patent families and applications in Europe, Japan, and China cover similar compounds and uses, forming a global IP landscape.

5. When will this patent expire?
Expected around December 2040, considering standard 20-year patent terms from the initial filing date, adjusted for any extensions.


References:

[1] United States Patent and Trademark Office. Patent 11,865,098.
[2] European Patent Office. Patent family data.
[3] Prior related patent filings and applications (public records).

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Drugs Protected by US Patent 11,865,098

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 Malta SUNOSI solriamfetol hydrochloride TABLET;ORAL 211230-001 Jun 17, 2019 RX Yes No ⤷  Start Trial ⤷  Start Trial TO IMPROVE WAKEFULNESS IN ADULT PATIENTS WITH EXCESSIVE DAYTIME SLEEPINESS ASSOCIATED WITH NARCOLEPSY OR OBSTRUCTIVE SLEEP APNEA (OSA) ⤷  Start Trial
Axsome Malta SUNOSI solriamfetol hydrochloride TABLET;ORAL 211230-002 Jun 17, 2019 RX Yes Yes ⤷  Start Trial ⤷  Start Trial TO IMPROVE WAKEFULNESS IN ADULT PATIENTS WITH EXCESSIVE DAYTIME SLEEPINESS ASSOCIATED WITH NARCOLEPSY OR OBSTRUCTIVE SLEEP APNEA (OSA) ⤷  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 11,865,098

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2018278332 ⤷  Start Trial
Brazil 112019025286 ⤷  Start Trial
Canada 3065522 ⤷  Start Trial
China 111201014 ⤷  Start Trial
European Patent Office 3630072 ⤷  Start Trial
Japan 2020528075 ⤷  Start Trial
South Korea 102726728 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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