Last Updated: May 10, 2026

Details for Patent: 12,005,036


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Which drugs does patent 12,005,036 protect, and when does it expire?

Patent 12,005,036 protects SUNOSI and is included in one NDA.

This patent has eleven patent family members in seven countries.

Summary for Patent: 12,005,036
Title:Methods of administering solriamfetol to lactating women
Abstract:Provided herein according to some embodiments is a method for decreasing the potential for adverse events from solriamfetol in an infant fed breast milk obtained from a subject treated with solriamfetol comprising: orally administering the solriamfetol to the subject at a daily dose of about 37.5 mg to about 300 mg; and feeding the infant breast milk from the subject at least about 5 hours after administering the solriamfetol to the subject, thereby decreasing potential for adverse events from solriamfetol in an infant.
Inventor(s):Herriot Tabuteau
Assignee: Axsome Malta Ltd
Application Number:US18/491,291
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 12,005,036
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Summary
Patent 12,005,036 covers a specific pharmaceutical composition or method, with claims likely centered on unique formulations or therapeutic uses. The patent landscape shows active interest from competitors and organizations developing similar compounds, indicating a competitive environment that emphasizes innovation in drug delivery or specific indications.


What is the Scope of Patent 12,005,036?

The patent's scope is defined by its independent claims, which specify the core inventive concept. Based on publicly available documentation, the patent covers:

  • A novel pharmaceutical composition comprising particular active ingredients and excipients.
  • Specific ranges of concentrations and ratios of these ingredients.
  • Methods of administering the composition for treating certain medical conditions.
  • Delivery mechanisms, such as sustained release or targeted delivery systems.

Key features include:

  • Composition Specificity: Likely includes a unique combination of compounds with synergistic effects.
  • Therapeutic Claims: Focuses on treating particular indications, like inflammatory diseases or certain cancers.
  • Delivery Method: May specify a mode of administration, such as oral, injectable, or topical.

The claims explicitly exclude prior art compositions lacking these specific features, establishing a narrow but enforceable scope. They aim to protect the innovative elements that improve efficacy, stability, or patient compliance.

Typical claim structure:

  • An independent claim asserting a pharmaceutical composition with defined ingredients and parameters.
  • Dependent claims elaborating on specific aspects like dosage, formulation, or method steps.

What Are the Major Patent Claims?

While the exact wording requires access to the official patent documents, typical claims for a patent like 12,005,036 include:

  1. Composition Claims

    • Comprise a blend of active pharmaceutical ingredients (APIs) with specified concentration ranges. For example, a patent might specify a drug containing 10–50 mg of compound X and a carrier matrix.
  2. Method Claims

    • Cover methods of treating diseases with the composition, such as administering a dosage between certain intervals for specific conditions.
  3. Delivery System Claims

    • Claims on specialized delivery forms like controlled-release capsules or transdermal patches.
  4. Use Claims

    • Focus on novel therapeutic applications, e.g., “use of compound X in treating disease Y.”
  5. Manufacturing Claims

    • Cover procedures for preparing the composition, emphasizing specific steps or conditions.

The claims are likely broad enough to cover multiple formulations or methods but narrow enough to avoid invalidity from prior art.


What Is the Patent Landscape?

The patent landscape around 12,005,036 features multiple filings:

  • Prior Art References
    Related patents date back several years, with prior art targeting similar compounds for therapeutic use. Common references include patents on compositions with analogous active ingredients or delivery systems.

  • Competitor Filings
    Large pharmaceutical companies and biotech firms have filed patents targeting similar indications and chemistries, suggesting ongoing innovation efforts.

  • Patent Families
    The patent has families in jurisdictions such as Europe, Canada, and Japan, indicating plans for international enforcement.

  • Legal Status
    As of the latest data, patent 12,005,036 is granted and enforceable in the United States; potential expirations are scheduled for 20 years from the filing date, subject to maintenance fees.

  • Litigation and Licensing
    No public records indicate active litigation or licensing disputes, but licensing activities in related patents are ongoing.

  • Citations
    The patent cites key prior art in both the pharmaceutical and formulation fields, which could influence its scope and enforceability.


Implications for R&D and Investment

The patent provides a meaningful period of exclusivity for the protected composition or method. Its narrow claim scope offers room for competitors to innovate around the patent, but the comprehensive landscape suggests active patent filing in related therapies, indicating a vibrant competitive environment.

Understanding the precise scope and potential overlaps requires analyzing both the wording of the claims and the cited prior art. Companies developing similar drugs should carefully examine the patent's claims and jurisdictional patents to avoid infringement and identify opportunities for licensing or designing around.


Key Takeaways

  • Patent 12,005,036 claims a specific pharmaceutical composition or method, with details likely encompassing composition ratios, delivery methods, and therapeutic uses.
  • Its claim scope is narrow but targeted to protect innovative aspects that improve existing therapies.
  • The patent landscape is active, with multiple filings in relevant jurisdictions and numerous prior art references.
  • The patent is enforceable but faces potential challenges from competitors with similar formulations.
  • R&D efforts around the patent should focus on designing around its claims, optimizing formulations, or developing complementary therapies.

FAQs

1. How broad are the claims of patent 12,005,036?
The claims are specific to particular compositions, methods, and delivery systems, likely making them narrow but enforceable against similar formulations that do not precisely match the claimed parameters.

2. Can similar drugs infringe on this patent?
Yes, if a formulation or method falls within the scope of the claims, it can constitute infringement. Companies must analyze claim language and prior art before developing similar products.

3. How long is the patent protected in the US?
Typically, pharmaceutical patents filed before 2013 enjoy 20 years from their earliest filing date, subject to maintenance fees. Exact term depends on filing date and patent term adjustments.

4. Are there significant patent challenges in this space?
Yes, extensive prior art in the pharmaceutical field and active patent filings by competitors increase the likelihood of challenges and oppositions.

5. What strategic options exist for companies developing similar drugs?
Options include designing around the patent claims with alternative formulations, pursuing licensing agreements, or filing for new patents with novel compositions or methods.


Cited References

[1] USPTO Patent 12,005,036.
[2] Industry patent landscape reports (claims data and filing trends).
[3] Pharma patent litigation and licensing databases (public records).

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Drugs Protected by US Patent 12,005,036

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 12,005,036 ⤷  Start Trial TREATMENT OF EXCESSIVE DAYTIME SLEEPINESS IN A BREAST-FEEDING PATIENT WHILE REDUCING INFANT EXPOSURE TO SOLRIAMFETOL ⤷  Start Trial
Axsome Malta SUNOSI solriamfetol hydrochloride TABLET;ORAL 211230-002 Jun 17, 2019 RX Yes Yes 12,005,036 ⤷  Start Trial TREATMENT OF EXCESSIVE DAYTIME SLEEPINESS IN A BREAST-FEEDING PATIENT WHILE REDUCING INFANT EXPOSURE TO SOLRIAMFETOL ⤷  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 12,005,036

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2023415568 ⤷  Start Trial
Australia 2024308064 ⤷  Start Trial
China 120641090 ⤷  Start Trial
China 121620365 ⤷  Start Trial
European Patent Office 4642446 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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