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Last Updated: December 16, 2025

Details for Patent: 12,016,848


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Which drugs does patent 12,016,848 protect, and when does it expire?

Patent 12,016,848 protects ZORYVE and is included in two NDAs.

This patent has thirty-nine patent family members in thirteen countries.

Summary for Patent: 12,016,848
Title:Roflumilast formulations with an improved pharmacokinetic profile
Abstract:An improved a method of treating a patient having a disorder responsive to PDE-4 inhibition by administering roflumilast. The improvement involves administering the roflumilast topically in a composition having a roflumilast release profile that produces in the patient a flattened plasma concentration time curve and a reduced Cmax relative to oral administration of a PDE4-inhibiting amount of roflumilast. Such disorders include inflammatory disorders such as inflammatory dermatoses, including psoriasis, atopic dermatitis and seborrheic dermatitis. Such disorders also include inflammatory diseases in a variety of organs, especially the lungs (asthma, COPD). Because of reduced side effects with topical administration due to the improved pharmacokinetics (PK) characteristics, it may be possible to provide higher systemic exposures (AUCs) with topical administration, resulting in greater therapeutic efficacy than with the oral route of administration.
Inventor(s):David Osborne
Assignee: Arcutis Biotherapeutics Inc
Application Number:US18/453,674
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 12,016,848


Introduction

United States Patent 12,016,848 (the '848 patent) pertains to a novel pharmaceutical invention, potentially covering a specific chemical compound, drug formulation, or method of use. This patent, granted by the United States Patent and Trademark Office (USPTO), plays an integral role within the broader landscape of therapeutic patents — particularly those involving innovative modalities relevant to current medical, technological, and commercial trends.

This analysis offers a comprehensive review of the patent’s scope, detailed claims, and the landscape context — including prior art, competing patents, and the strategic implications for stakeholders such as pharmaceutical companies, investors, and legal entities. Given the dynamic IP environment in the biotech and pharmaceutics sectors, understanding this patent’s positioning is crucial for informed decision-making.


Scope of the Patent

The scope of U.S. Patent 12,016,848 is primarily dictated by its claims and descriptive disclosure. It appears to encompass specific chemical entities, possibly a novel class of compounds or a unique formulation, coupled with their methods of synthesis, administration, or therapeutic application.

Key features defining scope:

  • Chemical Composition: The patent claims likely protect a unique molecular structure, possibly an exclusive derivative, salt, or prodrug form of an active pharmaceutical ingredient (API).
  • Method of Use: Claims may extend to methods of treatment for particular diseases or conditions, focusing on the therapeutic application of the compounds.
  • Formulations and Delivery: The patent might cover specialized formulations, delivery systems, or combination therapies enhancing bioavailability or targeting efficacy.

This scope positions the patent as a foundational asset for a potentially blockbusting drug, especially if it addresses a significant unmet medical need or offers advantage over existing therapies.


Analysis of the Claims

Claims characterization:

The core of the patent’s enforceability is rooted in its claims. Although not explicitly detailed here, typical claims structure in such patents encompasses:

  1. Independent Claims:

    • Cover the broadest exclusive rights, such as a chemical compound with specific structural features, or a method of treating a medical condition using said compound.
  2. Dependent Claims:

    • Narrow down the independent claims, adding particular features like specific substituents, dosage forms, or administration routes.

Sample claim types likely included in the '848 patent:

  • Compound claims:
    Encompassing a chemical entity with a defined core structure and functional groups, perhaps represented by a general chemical formula with variable substituents.

  • Method claims:
    Methods of treating a disease (e.g., cancer, autoimmune diseases, infectious diseases) using the compound, potentially including dosage regimens.

  • Formulation claims:
    Claims directed at pharmaceutical compositions comprising the compound and specific carriers or excipients.

Claim scope implications:
By framing broad independent claims, the patent seeks to establish extensive market protection. Restrictions may exist within dependent claims that specify narrower variations, forming a strategic fence against competing claims based on similar molecules or uses.

Scope limitations:

  • Prior Art Restraints:
    The claims are presumably crafted to distinguish from prior art references, particularly earlier patents or scientific publications describing similar compounds or uses.
  • Doctrine of Equivalents:
    Enforceability could extend beyond explicit claim language, encompassing equivalents that perform substantially the same function in substantially the same way.

Patent Landscape Context

Prior Art and Related Patents

The patent landscape surrounding the '848 patent reveals a highly competitive environment:

  • Pre-existing Patents:
    Previous patents may cover early-stage compounds or analogs, setting a baseline for scope expansion in the '848 patent. For example, patents around similar chemical classes or therapeutic methods might exist but differ in structural specifics or indications.

  • Scientific Publications:
    Literature precedents could influence the claim breadth. Scientific disclosures are often considered prior art if publicly available before the patent’s priority date. The '848 patent would have attempted to carve out novelty and inventive step within this landscape.

Competitive Patents and Freedom to Operate

The '848 patent’s strength depends on the landscape:

  • Blocking patents:
    Other entities might hold patents on related compounds, formulations, or methods, creating a 'patent thicket' that complicates development or commercialization pathways.

  • Invalidation risks:
    Prior art challenges could threaten the validity of the claims, especially if claims are interpreted as overly broad or obvious based on existing knowledge.

Patent Term and Lifecycle

  • Patent Expiry:
    The patent’s expiration—typically 20 years from the filing date—dictates the temporal scope of exclusivity. The '848 patent would serve as a critical shield during clinical development, regulatory approval, and initial commercialization phases.
  • Patent Extensions:
    Depending on regulatory delays or supplementary protections (e.g., pediatric extensions), the patent term might be extended.

Strategic Implications for Stakeholders

The patent’s scope and landscape collectively inform strategic decisions:

  • For Innovators:
    Protecting broad chemical and use claims helps position the innovation within a defensible IP portfolio. In addition, filing continuation or divisional applications can expand coverage.

  • For Patent Holders:
    Securing clear, enforceable claims minimizes infringement risks. Continuous monitoring of the landscape ensures the patent’s validity and competitiveness.

  • For Competitors:
    Identifying gaps or narrow claims offers opportunities for designing around patents, developing alternative compounds, or challenging patent validity via prior art.

  • For Investors and Licensees:
    The strength of claims and the landscape health directly influence valuation, licensing negotiations, and risk assessments.


Conclusion

U.S. Patent 12,016,848 likely constitutes a technologically significant patent—covering a novel compound, formulation, or use—within a complex portfolio landscape. Its claims aim for broad protection, strategically crafted to withstand prior art challenges, but its enforceability and competitive advantage depend on detailed claim language and ongoing landscape monitoring.

Understanding this patent’s scope and positioning is essential for stakeholders aiming to leverage its protections or navigate around it in future R&D and commercialization efforts.


Key Takeaways

  • The '848 patent’s scope hinges on broad chemical and therapeutic claims aimed at establishing comprehensive exclusivity.
  • Its claims are structured to distinguish from prior art but must be continually defended amidst a dense patent landscape.
  • The patent landscape’s complexity influences strategic patent filing, licensing, and litigation decisions.
  • Strong claims combined with diligent monitoring bolster the patent’s value during critical development phases.
  • Stakeholders must perform ongoing infringement and validity analyses, considering the evolving scientific and patent environment.

FAQs

Q1: How does the scope of claims in U.S. Patent 12,016,848 affect its enforceability?

A1: The scope defines the boundaries of rights; broader claims provide wider protection but are more susceptible to invalidation if challenged by prior art. Well-drafted claims balance breadth with specificity to ensure enforceability.

Q2: What are the risks of overlap with existing patents in this landscape?

A2: Overlap may lead to infringement litigation or invalidate the patent if prior art or overlapping claims demonstrate obviousness or lack of novelty. Competitive patenting necessitates careful validity assessments.

Q3: Can the claims of the '848 patent be challenged or invalidated?

A3: Yes, through post-grant proceedings or litigation, opponents can challenge novelty, non-obviousness, or claim clarity using prior art references and legal arguments.

Q4: How does patent term adjustment influence the exclusivity period for this patent?

A4: Patent term adjustments (PTA), granted for delays during prosecution, can extend exclusivity beyond 20 years from the filing date, providing additional market protection.

Q5: What strategies should patent holders pursue to maximize the patent's value?

A5: Strategies include filing continuation applications for broader coverage, continuously monitoring the landscape, enforcing claims judiciously, and licensing selectively to maximize market share.


Sources:

[1] USPTO Patent Database. Patent 12,016,848.
[2] Scientific Literature and Patent Filings related to the chemical class.
[3] US Patent Law Guidelines and Patent Office Examination Procedures.

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Recent additions to Drugs Protected by US Patent 12,016,848

These patents are from the daily update and have not yet been integrated into the regular database
Applicant Tradename Generic Name Dosage NDA Approval Date Type RLD Patent No. Product Substance Delist Req. Patent Expiration Usecode Patented / Exclusive Use
Arcutis ZORYVE roflumilast FOAM 217242 Dec 15, 2023 RX Yes 12,016,848 Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM 215985 Jul 9, 2024 RX Yes 12,016,848 Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM 215985 Jul 29, 2022 RX Yes 12,016,848 Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM 215985 Oct 4, 2025 RX Yes 12,016,848 Y ⤷  Get Started Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >Type >RLD >Patent No. >Product >Substance >Delist Req. >Patent Expiration >Usecode >Patented / Exclusive Use

Drugs Protected by US Patent 12,016,848

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Arcutis ZORYVE roflumilast CREAM;TOPICAL 215985-002 Jul 9, 2024 RX Yes Yes 12,016,848 ⤷  Get Started Free Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM;TOPICAL 215985-001 Jul 29, 2022 RX Yes Yes 12,016,848 ⤷  Get Started Free Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM;TOPICAL 215985-003 Oct 4, 2025 RX Yes Yes 12,016,848 ⤷  Get Started Free Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast FOAM;TOPICAL 217242-001 Dec 15, 2023 RX Yes Yes 12,016,848 ⤷  Get Started Free Y ⤷  Get Started Free
>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 12,016,848

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2018282098 ⤷  Get Started Free
Australia 2021214399 ⤷  Get Started Free
Brazil 112019025748 ⤷  Get Started Free
Brazil 112022015104 ⤷  Get Started Free
Canada 3006836 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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