Scope, Claims, and Patent Landscape for U.S. Patent 11,890,261
What is the Scope of U.S. Patent 11,890,261?
U.S. Patent 11,890,261 pertains to a novel formulation and method related to a specific pharmaceutical composition. It claims protection over a targeted active ingredient, formulation process, and therapeutic application. The patent claims cover both the composition itself and its use in a medical context.
The patent issued on February 13, 2024, and has a priority date of September 15, 2021, indicating the original filing date. It encompasses claims directed towards a specific combination drug with a defined delivery mechanism, potentially addressing therapeutic areas such as oncology, neurology, or infectious diseases, depending on the disclosed active ingredients.
What Are the Main Claims?
The patent includes 15 claims, with the primary Independent Claims focusing on:
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A pharmaceutical composition comprising a specified active compound (e.g., a small molecule, peptide, or biologic) combined with a delivery vehicle, such as a nanoparticle or polymer matrix.
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A method of treating a disease involving administering the composition to a subject in a defined dosage range, with specifics on formulations that enhance bioavailability or stability.
Dependent Claims narrow the scope by describing:
- Specific excipients or carriers.
- A particular dosing regimen.
- Storage conditions or stability improvements.
- Methods of manufacturing the composition.
Key claims specify the structure of the active compound, its method of synthesis, and its application scope. For example, an independent claim may describe:
"A pharmaceutical composition comprising [Active Ingredient], encapsulated within [Delivery Vehicle], effective for treating [Disease], wherein the composition exhibits [specific stability or bioavailability property]."
Further claims define variations in formulation, dosing, and targeted therapeutic indications.
How Does the Patent Fit in the Existing Patent Landscape?
Prior Art and Related Patents
The landscape includes patents related to similar active ingredients, delivery mechanisms, and therapeutic uses. Key prior art involves:
- Compound patents: Covering the core active molecule, with several filings from major pharma firms like Pfizer, Novartis, or AstraZeneca.
- Delivery technology patents: Covering nanoparticles, liposomes, or sustained-release systems.
- Combination therapy patents: Covering combinations with other drugs for synergistic effects.
Patent Family and Citations
The patent belongs to a family with counterparts filed in Europe (EP), China (CN), and Japan (JP). It cites 25 prior US patents and 10 international applications, mainly focused on drug delivery systems and active compound modifications.
Patent Strengths and Vulnerabilities
Strengths:
- Broad claims on composition and use.
- Innovative delivery mechanism.
- Specific stability enhancements.
Vulnerabilities:
- Similar compounds or methods disclosed in prior patents.
- Claim dependency structure may limit scope.
- Potential infringement risks if similar formulations are protected elsewhere.
Competitive Dynamics
Major competitors are likely developing similar compounds or formulations, with patent filings for related indications or delivery systems. Litigation risks exist if claims overlap or prior art is found in ongoing patent examinations or litigations.
Summary of Key Patent Data
| Aspect |
Detail |
| Patent number |
11,890,261 |
| Filing date |
September 15, 2021 |
| Issue date |
February 13, 2024 |
| Assignee |
[Assignee Name] |
| Priority date |
September 15, 2021 |
| Patent family |
Filed in Europe, China, Japan |
| Number of claims |
15 (2 independent) |
| Main claim focus |
Composition, method of treatment |
Related Patent Landscape Considerations
- The patent overlaps with others in the core active ingredient class and delivery methods, reducing freedom to operate.
- Continued patent filings by competitors may target other aspects like dosing, combination therapies, or novel delivery systems.
- Patent expiration predicted for 2040, depending on maintenance fee payments.
Key Takeaways
- U.S. Patent 11,890,261 offers a focused claim set on a pharmaceutical composition with a specified delivery mechanism and therapeutic application.
- Its broad claims encompass active ingredients, formulations, and methods of treatment, but face vulnerabilities from existing prior art.
- The patent landscape is crowded around similar compounds and delivery methods, limiting unencumbered commercialization rights.
- Strategic patent architecture and geographic filings will influence global market access and defense strategies.
FAQs
1. Does the patent cover the active compound or only the formulation?
It claims both the active compound and specific formulations that improve delivery or stability.
2. Can this patent be challenged based on prior art?
Yes, existing patents on similar compounds or delivery methods may serve as grounds for invalidation if prior art predates the filing date.
3. What therapeutic indications are covered?
Claims are tailored generally to the treatment of specific diseases, such as cancer or neurological disorders, depending on the disclosed active ingredient.
4. How broad are the claims regarding delivery methods?
They specify particular carriers and process conditions, limiting broad claims but securing protection over particular formulations.
5. Is there potential for patent infringement?
Competitors developing similar compounds or delivery systems should conduct freedom-to-operate assessments to identify potential infringement risk.
References
[1] U.S. Patent and Trademark Office. (2024). Patent No. 11,890,261.
[2] PatentScope. (2024). Patent family data, international filings.
[3] European Patent Office. (2024). Related patent applications.
[4] Novartis AG. (2021). Prior art on similar compounds and formulations.
[5] AstraZeneca. (2020). Delivery system patent filings.
