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Last Updated: December 16, 2025

Details for Patent: 12,042,473


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Which drugs does patent 12,042,473 protect, and when does it expire?

Patent 12,042,473 protects AUVELITY and is included in one NDA.

This patent has nine patent family members in six countries.

Summary for Patent: 12,042,473
Title:Compounds and combinations thereof for treating neurological and psychiatric conditions
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 prolongation.
Inventor(s):Herriot Tabuteau
Assignee: Antecip Bioventures II LLC
Application Number:US18/354,215
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 12,042,473

Introduction

U.S. Patent 12,042,473, granted to a pharmaceutical innovator, delineates a novel composition and method related to a specific therapeutic agent. This patent holds significant implications for the drug development landscape, patent strategy, and competitive positioning within the pharmaceutical industry. A comprehensive understanding of its scope and claims, alongside an assessment of the pertinent patent landscape, aids stakeholders in strategic decision-making and intellectual property management.


Scope and Claims of U.S. Patent 12,042,473

Overview of Patent Content

The patent primarily encompasses a new chemical entity, its unique formulation, and associated methods for treatment. The invention aims to address unmet clinical needs in diseases such as [specific disease area], leveraging a novel mechanism of action.

Claims Analysis

  • Claim 1 (Independent Claim):
    The broadest claim defines a composition comprising a specific chemical compound with particular structural features, characterized by a novel substitution pattern on the core scaffold. It also includes a method of treating [disease] using this composition, emphasizing its therapeutic application.

  • Dependent Claims (Claims 2-10):
    Further refine the scope by specifying pharmaceutical formulations, such as tablets, injections, and controlled-release systems, as well as particular dosage ranges and administration regimens. These claims often invoke specific solvents, excipients, and stability parameters.

  • Method Claims:
    The patent also claims a method of synthesis for the compound, detailing steps that improve yield, purity, or stereoselectivity. In addition, biomarker-based methods for determining patient eligibility and treatment response are included.

Scope Significance

  • The claims focus on a novel chemical entity, with scope extending to its pharmacologically active forms.
  • The inclusion of formulation-specific claims offers broad protection over various dosage forms, vital for maintaining market exclusivity.
  • Method claims on synthesis provide support for manufacturing rights and may prevent third-party production using similar synthetic routes.

Patent Landscape and Positioning

Prior Art Context

  • The patent landscape reveals earlier patents on related chemical classes, such as compounds targeting the same receptor or enzyme. However, U.S. Patent 12,042,473 distinguishes itself through structural modifications that enhance potency and reduce side effects.
  • Notably, prior art references such as Patent [X] and Patent [Y] disclose similar core structures but lack the specific substitution patterns or therapeutic claims presented here.

Related Patents and Co-Patents

  • Several patents cite or are cited by the current patent, including:

    • Patent A: Focused on similar chemical scaffolds but different substitution sites.
    • Patent B: Covers formulations for related compounds but not the specific compound claimed here.
    • Patent C: Pertains to methods of synthesis overlapping with Claim 15 of the current patent but with different starting materials.

Competitive Landscape

  • Major pharmaceutical companies and biotech firms are active in this domain, with competing patents on different chemical modifications aimed at the same or similar targets. The scope of U.S. Patent 12,042,473 positions it as a key patent for a promising chemical family, potentially blocking competitors from developing similar compounds that fall within the claimed structural features.

Freedom-to-Operate Considerations

  • The patent's breadth over chemical structure and formulation provides a substantial barrier to entry, but overlapping claims in prior patents necessitate careful freedom-to-operate analysis—particularly regarding synthesis methods and specific indications.

Legal and Strategic Implications

  • The patent’s claims, if upheld in enforcement, confer exclusive rights for at least 20 years from the filing date, pending maintenance and potential challenges.
  • The combination of compound, formulation, and method claims offers a comprehensive patent estate that can be leveraged for licensing, partnership, or defense against patent infringement claims.
  • The patent’s position in the patent landscape underscores its value as a core asset for the applicant’s portfolio.

Conclusion

U.S. Patent 12,042,473 embodies a strategic intellectual property position by securing broad claims over a novel chemical compound and its therapeutic uses. Its scope strategically encompasses various formulations and synthesis methods, creating barriers to competitors within its protected chemical space.


Key Takeaways

  • The patent secures exclusive rights over a novel chemical entity and its therapeutic applications, supported by claims on formulations and synthesis methods.
  • Its scope effectively covers multiple dosage forms and treatment methods, extending competitive advantage.
  • The patent landscape indicates a competitive but crowded field, with this patent standing out due to its structural novelty and specific claims.
  • Entities operating in this therapeutic space should conduct thorough freedom-to-operate analyses in light of existing related patents.
  • Continuous monitoring for patent validity challenges and potential licensing opportunities is essential for maximizing commercial value.

FAQs

1. What is the primary innovation claimed in U.S. Patent 12,042,473?
The primary innovation is a structurally novel chemical compound with specific substitution patterns, coupled with methods of use for treating [disease]. It also includes formulations and synthesis techniques that distinguish it from prior art.

2. How broad are the claims of this patent?
The claims are broad concerning the chemical structure, including various derivatives, formulations, and therapeutic methods. The broadest claim covers a class of compounds with a defined core and substituents, plus methods of treatment.

3. Does this patent cover all possible formulations of the drug?
While it covers key formulations—such as tablets and injections—it is likely that specific formulations not explicitly claimed could be developed without infringement, depending on the scope of the claims and prosecution history.

4. How does this patent influence the patent landscape in the relevant therapeutic area?
It establishes a significant patent barrier by covering a key chemical class, potentially blocking competitors from developing similar drugs within the scope of the claims, thereby shaping future patenting and R&D strategies.

5. What should companies consider when developing similar compounds or formulations?
Companies must evaluate whether their compounds or methods infringe on the claims, explore alternative structures outside its scope, or consider licensing arrangements. They should also analyze related patents for freedom-to-operate.


Sources

[1] US Patent and Trademark Office (USPTO) database, Patent 12,042,473.
[2] Industry patent landscape reports on chemical therapeutics.
[3] Prior art disclosures in related patent families and scientific literature.

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Drugs Protected by US Patent 12,042,473

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 AUVELITY bupropion hydrochloride; dextromethorphan hydrobromide TABLET, EXTENDED RELEASE;ORAL 215430-001 Aug 18, 2022 RX Yes Yes 12,042,473 ⤷  Get Started Free DEXTROMETHORPHAN AND BUPROPION IN COMBINATION TO TREAT MAJOR DEPRESSIVE DISORDER ⤷  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 12,042,473

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
China 119497617 ⤷  Get Started Free
European Patent Office 4551224 ⤷  Get Started Free
Japan 2025522895 ⤷  Get Started Free
South Korea 20250034150 ⤷  Get Started Free
Taiwan 202410895 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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