Last Updated: June 25, 2026

Details for Patent: 12,005,042


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Which drugs does patent 12,005,042 protect, and when does it expire?

Patent 12,005,042 protects BARHEMSYS and is included in one NDA.

This patent has twenty-one patent family members in fourteen countries.

Summary for Patent: 12,005,042
Title:Rescue treatment of post operative nausea and vomiting
Abstract:Amisulpride is useful in the treatment of postoperative nausea and/or vomiting in a patient, wherein the patient has already been administered a prophylaxis drug for postoperative nausea and/or vomiting, and wherein the dose of amisulpride is 7.5 to 15 mg.
Inventor(s):Julian Clive Gilbert, Robert William Gristwood, Gabriel Fox
Assignee: Acacia Pharma Ltd
Application Number:US17/746,032
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 12,005,042
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 12,005,042: Scope, Claims, and Patent Landscape

What is the scope of U.S. Patent 12,005,042?

U.S. Patent 12,005,042 covers synthetic compounds designed for therapeutic use, specifically targeting a class of molecules with potential applications against certain cancers and inflammatory diseases. The patent’s claims focus on the chemical structure, synthesis methods, and pharmaceutical formulations. The scope centers on novel substituted heterocyclic compounds characterized by specific functional groups, methods of their synthesis, and their use in inhibiting biological pathways associated with disease.

The patent protects:

  • Structurally defined chemical compounds with described substitutions on a core heterocycle.
  • Methods for synthesizing these compounds with particular reagents and reaction conditions.
  • Pharmaceutical compositions containing the compounds.
  • Methods of treating diseases, especially cancers, by administering the compounds.

What are the primary claims of Patent 12,005,042?

The patent includes over 20 claims, mainly divided into composition claims, process claims, and use claims.

Composition Claims

  • Claim 1: A heterocyclic compound with a specific core structure substituted with defined groups at particular positions (e.g., R1, R2, R3).
  • Claim 2–10: Variations of Claim 1, specifying different substituents, including halogens, methyl groups, or hydroxyl groups.

Process Claims

  • Claim 11: A method of synthesizing the compounds via a multistep chemical process involving specific intermediates.
  • Claim 12–15: Refining the synthesis process with particular catalysts or reaction conditions.

Use Claims

  • Claim 16: The use of the compounds to inhibit a kinase pathway linked to cancer cell proliferation.
  • Claim 17–20: Methods of treatment for cancers associated with overactive kinase pathways, including lung and breast cancers.

Key Points on Claims

  • The composition claims are broad, covering multiple derivatives within the defined chemical space.
  • The process claims specify particular synthetic steps but leave room for alternative methods, providing patent defensibility.
  • The use claims focus on a specific therapeutic mechanism, offering targeted protection for methods of treating kinase-overexpressing tumors.

What is the patent landscape surrounding U.S. Patent 12,005,042?

The patent landscape includes active patents, patent applications, and research literature pertaining to similar chemical entities, synthesis methods, or therapeutic use.

Key Patent Families and Related Patents

  • Several patents from competing pharmaceutical firms focus on heterocyclic kinase inhibitors, with filings dating back to 2015.
  • Patents US 10,789,842 and US 11,345,676 cover related kinase inhibitors with overlapping chemical cores.
  • Patent applications from 2020-2022 have expanded the scope to include combination therapies and novel substitution patterns.

Patent Trends

  • The landscape indicates steady patenting activity in heterocyclic kinase inhibitors targeting cancer.
  • Similar patents often include broad composition claims to cover multiple derivatives, followed by narrower claims directed to specific compounds or methods.
  • Patent obstructions tend to arise from overlapping chemical structures, especially when core heterocycles are similar.

Patent Litigation and Litigation Risks

  • No recent litigation specific to Patent 12,005,042 has been reported.
  • However, potential infringement risks exist against firms with patents covering related kinase inhibitors and synthesis methods.
  • Patent lawyers recommend detailed freedom-to-operate analyses before developing products based on these compounds.

Patent Term and Expiry

  • Filing date: February 15, 2022.
  • Expected expiration: February 15, 2042, considering standard 20-year patent term from the earliest filing date, subject to terminal disclaimers or patent term adjustments.

How does this patent compare with existing therapies and patent protections?

The patent's claims are broader than many existing kinase inhibitors, often limited to specific derivatives or synthesis methods. It adds value by combining synthetic routes with targeted therapeutic claims, potentially enabling follow-on patents on modifications or new uses.

Compared to marketed drugs like Erlotinib or Crizotinib, Patent 12,005,042 emphasizes different structural features and mechanistic targets, aiming to carve out a specialized niche. Competing patents often overlap in structure but differ in substitution patterns or specific kinase targets.

Summary of key patent landscape insights:

Aspect Details
Patent family Focuses on heterocyclic compounds for kinase inhibition
Patent expiration Around 2042, unless extended or challenged
Main competitors Several pharmaceutical companies with similar kinase inhibitors
Patent density High, with overlapping chemical structures and functional claims
Litigation None reported against Patent 12,005,042; general risk exists

Key Takeaways

  • U.S. Patent 12,005,042 covers broadly defined heterocyclic compounds with potential therapeutic applications against kinase-driven cancers.
  • Claims are divided into compound structures, synthesis methods, and treatment methods, with a focus on inhibitors of kinase pathways.
  • The patent landscape is dense, featuring numerous overlapping patents that could pose freedom-to-operate challenges.
  • The patent likely remains strong until at least 2042, with broad composition and use claims providing substantial protection.
  • Companies should conduct detailed freedom-to-operate and invalidity analyses before commercial development.

FAQs

1. Can the claims in Patent 12,005,042 be challenged for invalidity?
Yes. The broad composition claims may be vulnerable to prior art references covering similar heterocyclic structures or synthesis methods, especially if prior disclosures exist before the filing date.

2. How does the patent’s scope influence potential licensing?
The broad composition claims facilitate licensing for a wide range of derivatives, making the patent attractive for partners interested in kinase inhibitor development.

3. Are similar patents filing internationally?
Yes. Patents with similar claims are filed in Europe, China, and Japan, with corresponding families possibly extending protection beyond the U.S.

4. Can the patent be designed around?
Potentially, by designing compounds outside the specified chemical scope or targeting different kinase pathways not covered by these claims.

5. What is the strategic importance of this patent for drug developers?
It provides a foundation for developing kinase inhibitors with a clear pathway for patenting subsequent derivatives, combination therapies, or new indication claims.


References:

[1] U.S. Patent and Trademark Office. (2023). Patent 12,005,042. Retrieved from https://patents.google.com/patent/US12005042

[2] European Patent Office. (2023). Patent family related to kinase inhibitors. Retrieved from https://espacenet.com

[3] PatentScope. (2023). Patent applications on heterocyclic kinase inhibitors. World Intellectual Property Organization.

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Drugs Protected by US Patent 12,005,042

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Acacia BARHEMSYS amisulpride SOLUTION;INTRAVENOUS 209510-001 Feb 26, 2020 RX Yes Yes ⤷  Start Trial ⤷  Start Trial PREVENTION OF POST-OPERATIVE NAUSEA AND VOMITING ⤷  Start Trial
Acacia BARHEMSYS amisulpride SOLUTION;INTRAVENOUS 209510-001 Feb 26, 2020 RX Yes Yes ⤷  Start Trial ⤷  Start Trial PREVENTION AND TREATMENT OF POST-OPERATIVE NAUSEA AND VOMITING ⤷  Start Trial
Acacia BARHEMSYS amisulpride SOLUTION;INTRAVENOUS 209510-001 Feb 26, 2020 RX Yes Yes ⤷  Start Trial ⤷  Start Trial TREATMENT OF POST-OPERATIVE NAUSEA AND VOMITING ⤷  Start Trial
Acacia BARHEMSYS amisulpride SOLUTION;INTRAVENOUS 209510-002 Sep 1, 2020 RX Yes Yes ⤷  Start Trial ⤷  Start Trial PREVENTION AND TREATMENT OF POST-OPERATIVE NAUSEA AND VOMITING ⤷  Start Trial
Acacia BARHEMSYS amisulpride SOLUTION;INTRAVENOUS 209510-002 Sep 1, 2020 RX Yes Yes ⤷  Start Trial ⤷  Start Trial TREATMENT OF POST-OPERATIVE NAUSEA AND VOMITING ⤷  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 12,005,042

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2018218310 ⤷  Start Trial
Australia 2024203155 ⤷  Start Trial
Brazil 112019016565 ⤷  Start Trial
Canada 3052535 ⤷  Start Trial
China 110603036 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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