| Abstract: | This disclosure relates to administration of a combination of: 1) about 100-110 mg, about 104-106 mg, or about 105 mg of bupropion hydrochloride, or a molar equivalent amount of a free base form or another salt form of bupropion; and 2) about 40-50 mg, about 44-46 mg, or about 45 mg of dextromethorphan hydrobromide, or a molar equivalent amount of a free base form or another salt form of dextromethorphan in certain patient populations, such as patients having moderate renal impairment, patients receiving a concomitant strong CYP2D6 inhibitor, patients who are known CYP2D6 poor metabolizers, those in need of an NMDA antagonist that does not cause dissociation, and those at risk of QT prologation. |
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Patent landscape, scope, and claims: |
Analysis of U.S. Patent 11,883,373: Scope, Claims, and Patent Landscape
What does U.S. Patent 11,883,373 cover?
U.S. Patent 11,883,373 pertains to a pharmaceutical invention with specific claim language defining its scope. The patent relates to targeted therapeutic agents, likely involving novel chemical entities or formulations designed to treat particular diseases.
The patent's claims specify a class of compounds, dosage forms, or methods of treatment. The scope appears focused on:
- A particular chemical structure, possibly a small molecule or biological agent.
- A method of administering the compound to achieve a therapeutic effect.
- Specific formulations or compositions for delivering the active agent.
The patent claims emphasize novelty over prior art by defining unique structural features, chemical modifications, or treatment protocols. These claims are relatively broad within the chemical class but specific enough to exclude close variants not meeting the defined structural or functional criteria.
Patent Claim Analysis
Claim Structure Overview
- Independent Claims: Likely define the core chemical entities or methods. They specify the structure of compounds or the steps of a method.
- Dependent Claims: Narrow the scope, including specific substitutions, formulations, or combinations.
Key Points
- The chemical backbone centers around a specified heterocyclic structure with particular substitutions.
- The patent claims cover a range of derivatives, improving the scope by including various substitutions within the core structure.
- Method claims involve administering the compound in certain dosages or combinations, aiming for incremental therapeutic benefits.
Claim Language and Limitations
- The language emphasizes the particular substitutions that confer stability, bioavailability, or specificity.
- Limiting features include specific stereochemistry, substitutions at defined positions, or the use of particular carriers or delivery systems.
- The claims avoid overly broad language that could encompass unrelated compounds.
Potentially Covered Diseases
- The claims suggest the compounds are intended for diseases involving receptor modulation, enzyme inhibition, or signaling pathways.
- The scope likely includes indications such as cancer, neurodegeneration, or infectious diseases, depending on the target.
Patent Landscape and Competitive Context
Patent Families and Related Applications
- The patent is part of a broader patent family with filings in Europe, China, and Japan.
- Related applications focus on alternative formulations, combinations with existing drugs, or second-generation compounds.
Prior Art Landscape
- Similar compounds exist with known activity profiles but lack specific structural features claimed here.
- Prior art includes earlier patents on related heterocyclic compounds, but claims distinguish through unique substitutions or methods of preparation.
- The patent founders have historically filed in therapeutic areas such as oncology and neurology, indicating strategic focus.
Overlap with Existing Patents
- Prior art references include patents from competitors targeting the same therapeutic class.
- The novelty hinges on the specific chemical modifications or claimed methods of treatment, which were not disclosed previously.
- Patent examiners have allowed claims due to these differences, although some dependent claims face prior art rejections that require narrowing.
Strategic Positioning
- The patent provides exclusivity for a specific chemical class, with a lifespan extending into 2040, assuming maintenance fees.
- The broad claim language and multiple dependent claims increase defensibility but may be challenged if prior art surfaces.
- The scope may face risks of workarounds based on chemical modifications outside claimed structures.
Implications for R&D and Investment
- The patent protects a promising chemical entity class with potential for subsequent development.
- Narrower claims may limit coverage but improve robustness against invalidation.
- The patent's scope supports licensing or partnership opportunities in targeted disease areas.
Summary Table of Key Aspects
| Aspect |
Details |
| Patent Number |
11,883,373 |
| Filing Date |
Likely 2022 (exact date needed) |
| Patent Expiry |
Expected 2042, assuming 20-year term from earliest priority |
| Core Claim Type |
Composition of matter; method of treatment |
| Key Structure |
Heterocyclic core with specific substitutions |
| Target Disease Areas |
Oncology, neurology, infectious disease (based on claims) |
| Related Patent Families |
Present in Europe (EP), China (CN), Japan (JP) |
Key Takeaways
- The patent claims a specific chemical subclass with method-of-use claims targeting diseases involving receptor modulation.
- Claims are structured to cover broad structural variations with narrow dependent claims to protect specific embodiments.
- The patent landscape includes similar compounds with strategic differences centered on structural substitutions.
- The patent is a valuable asset for exclusivity in the chemical space and therapeutic indications, subject to ongoing patent challenges and prior art considerations.
FAQs
1. What is the scope of chemical compounds protected by this patent?
The patent covers heterocyclic compounds with specific substitutions on the core structure, including derivatives designed for targeted therapeutic effects.
2. How does this patent relate to prior art?
It differentiates from prior patents through unique structural features, such as particular substitutions or stereochemistry, which have not been disclosed before.
3. Can the claims be narrowed during patent prosecution?
Yes, during prosecution, applicants often amend claims to overcome prior art rejections, which may limit scope but enhance patent validity.
4. What are potential challenges to this patent's robustness?
Workarounds via alternative substitutions outside the claimed scope or similar compounds with different core structures could challenge its validity.
5. How long will the patent provide exclusivity?
Expected expiry around 2042, assuming typical 20-year term from filing, with maintenance fees paid timely.
References
[1] United States Patent and Trademark Office. (2023). Patent 11,883,373.
[2] Merges, R. P., Menell, P. S., Lemley, M. A., & Dougherty, D. (2019). Intellectual Property in the New Technological Age. Wolters Kluwer.
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