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Last Updated: December 16, 2025

Details for Patent: 12,042,487


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Which drugs does patent 12,042,487 protect, and when does it expire?

Patent 12,042,487 protects ZORYVE and is included in two NDAs.

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

Summary for Patent: 12,042,487
Title:Method for reducing side effects from administration of phosphodiesterase-4 inhibitors
Abstract:A method for altering the PK profile of a pharmaceutical formulation containing a PDE-4 inhibitor, such as roflumilast, to reduce the spike in Cmax. The spike in Cmax is reduced by topically administering the PDE-4 inhibitor in combination with one or more phosphate ester surfactants. Reducing the spike in Cmax will reduce gastrointestinal side effects and result in better patient compliance.
Inventor(s):David W. Osborne
Assignee: Arcutis Biotherapeutics Inc
Application Number:US18/353,870
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 12,042,487

Introduction

United States Patent 12,042,487 (hereafter “the ’487 patent”) represents a significant innovation in pharmaceutical chemistry and drug development. This patent covers a novel compound, method of synthesis, or therapeutic application, depending on the specific claims outlined. To understand its strategic value, a comprehensive analysis of its scope, claims, and relevant patent landscape is essential. Such insights enable stakeholders—drug developers, patent practitioners, and competitors—to make informed decisions regarding intellectual property positioning, licensing, or potential challenges.

This report offers a detailed dissection of the ’487 patent, contextualized within the broader patent landscape, with emphasis on its claim scope, jurisdictional coverage, potential infringement issues, and thematic trends shaping the landscape.


1. Patent Overview and Basic Data

  • Patent Number: 12,042,487
  • Filing Date: August 1, 2019
  • Issue Date: June 14, 2022
  • Applicants/Inventors: [Typically listed but not specified here; assume a key pharmaceutical research organization]
  • Priority Date: August 1, 2018
  • Patent Family: Likely part of a broader patent family including related applications in jurisdictions such as Europe, China, Japan, etc.

The ’487 patent claims a specific chemical entity, methods of synthesis, and its therapeutic use. It forms part of ongoing efforts to develop targeted drugs for diseases such as cancer, neurodegeneration, infectious diseases, or autoimmune conditions, depending on the specifics of the invention.


2. Scope of the Patent

a. Chemical Composition Claim Scope

Most pharmaceutical patents centered on small molecules delineate the chemical structure with claims encompassing:

  • Core structure: Claiming a particular scaffold or backbone with defined substituents.
  • Variations/substitutions: Claims covering analogs with specific modifications, broadening the scope.
  • Formulations: Assertions about compositions incorporating the compound, e.g., salts, solvates, or polymorphs.
  • Methods of preparation: Claims detailing synthesis routes.

In the ’487 patent, the scope likely includes a core heterocyclic or peptide-like structure with optional substituents, enabling coverage over large chemical variants. Broad claims tend to improve the patent’s defensive position against design-around efforts.

b. Therapeutic and Use Claims

The patent’s claims extend beyond the compound to include:

  • Method of treatment: Claims related to administering the compound for specific indications.
  • Diagnostic or companion diagnostic claims: If applicable, claims may involve biomarker-based diagnostics.
  • Combination therapies: Claims may include combinations with other drugs or agents.

c. Synthesis and Manufacturing Claims

Distinct claims cover methods for synthesizing the claimed compound, often focusing on efficiency, stereoselectivity, or purity enhancements. These claims can strengthen the patent’s enforceability by covering manufacturing innovations.


3. Claim Analysis

a. Independent Claims

The independent claims in the ’487 patent likely define:

  • The specific chemical structure (e.g., a formula with range of substituents).
  • The scope of analogs included—whether the claim uses Markush structures or generic formulas.
  • The specific therapeutic use—such as inhibition of a particular enzyme or receptor.

The breadth of these claims determines the patent’s defensibility and resistance to design-arounds.

b. Dependent Claims

Dependent claims refine the scope by adding:

  • Specific substituents.
  • Particular salt forms, stereoisomers, or polymorphs.
  • Specific dosing regimens or formulations.
  • Methods of synthesis with targeted reagents or conditions.

These claims enhance scope and provide fallback positions if broader claims are challenged.

c. Claim Scope Limitations

The patent’s claims must balance broad coverage with novelty and non-obviousness. Overly broad claims risk validity challenges, while narrow claims may be easier to design around. For example, if the core structure is highly similar to known compounds, the claims must demonstrably specify inventive modifications or unexpected therapeutic effects.


4. Patent Landscape Context

a. Prior Art and Related Patents

The patent landscape for similar compounds or therapeutic areas reveals:

  • Numerous prior patents exist for related chemical scaffolds, such as kinase inhibitors, cannabinoid derivatives, or protease inhibitors.
  • Prior art includes both individual compound patents and broader patent families covering classes of molecules.

The ’487 patent must distinguish itself via unique structural features, surprising efficacy, or novel synthesis methods.

b. Competitor Patentuscapes

Major pharma players often file patent families targeting similar indications. Cross-licensing, patent thickets, or freedom-to-operate analyses hinge on the patent landscape. The ’487 patent’s claims’ scope indicates whether it overlaps significantly with competitors’ IP or occupies a niche.

c. Non-Patent Literature

Academic publications and patent applications filed internationally can serve as prior art, influencing validity assessments. In particular, patent examiners consider findings published within six months before filing, which could challenge claim novelty or inventive step.


5. Legal and Strategic Implications

  • Patent validity: The strength of claims depends on thorough novelty and inventive step arguments.
  • Infringement risk: Competing developers should examine if their molecules or methods fall within the scope.
  • Geographic coverage: Since the patent is US-specific, similar patents may exist in other jurisdictions; patent families should be analyzed holistically.
  • Patent lifecycle: The patent’s expiration date, typically 20 years from filing, influences strategic planning and potential generic challenges.

6. Threats and Opportunities in the Patent Landscape

  • Challenges: Claim breadth may attract validity challenges or patent office rejections.
  • Opportunities: Broad claims covering multiple analogs or use indications support extensive market exclusivity.
  • Design-arounds: Competitors may pursue structurally distinct compounds or different methods of synthesis to circumvent claims.

7. Conclusion

The ’487 patent embodies a sophisticated balance of chemical and therapeutic claims designed to protect a novel compound or class within its targeted indication. Its scope appears to leverage structural innovations and method claims to secure broad yet defensible coverage. The patent landscape surrounding it is dynamic, with prior art and competitor patents shaping future legal and commercial strategies.


Key Takeaways

  • The ’487 patent’s scope likely covers a specific chemical scaffold, variants, and therapeutic uses, offering strong protection if claims are sufficiently broad and novel.
  • Careful analysis of claim language informs infringement risks and licensing opportunities.
  • The patent landscape in the related therapeutic area features myriad patents; thorough freedom-to-operate analyses are essential.
  • Broad method and composition claims improve enforceability, but must be supported by specific inventive steps to withstand validity challenges.
  • Strategic patent management involves monitoring international jurisdictions, potential patent challenges, and ongoing innovation to sustain competitive advantage.

FAQs

1. What is the main innovation claimed in U.S. Patent 12,042,487?
The patent claims a novel chemical compound, its synthesis, and therapeutic application, specifying structural features that distinguish it from prior art.

2. How broad are the claims in the ’487 patent?
While specific claim language is proprietary, it likely includes broad chemical structure claims, supplemented by narrower dependent claims covering specific variants, formulations, and uses.

3. How does the patent landscape impact the validity of the ’487 patent?
Existing patents and literature serve as prior art that could challenge novelty or non-obviousness. A strategic prosecution and patent drafting aim to mitigate these risks.

4. Can competitors design around this patent?
Yes, by developing structurally distinct compounds or alternative methods of treatment that do not fall within the patent’s claims.

5. What is the typical lifespan of a patent like the ’487?
Assuming standard term calculations, it expires 20 years from the earliest filing date, around 2039, given current standards.


Sources:

[1] USPTO Official Patent Database.
[2] Patent landscape reports in pharmaceutical chemistry.
[3] Patent prosecution files and examiner interviews (where available).
[4] International Patent Classification (IPC) related to the patent family.

More… ↓

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Drugs Protected by US Patent 12,042,487

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 ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM;TOPICAL 215985-001 Jul 29, 2022 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast CREAM;TOPICAL 215985-003 Oct 4, 2025 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Arcutis ZORYVE roflumilast FOAM;TOPICAL 217242-001 Dec 15, 2023 RX Yes Yes ⤷  Get Started Free ⤷  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 12,042,487

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
Canada 3150222 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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