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Last Updated: December 12, 2025

Details for Patent: 12,059,497


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Which drugs does patent 12,059,497 protect, and when does it expire?

Patent 12,059,497 protects ONIVYDE and is included in one NDA.

This patent has thirty-two patent family members in sixteen countries.

Summary for Patent: 12,059,497
Title:Stabilizing camptothecin pharmaceutical compositions
Abstract:Irinotecan phospholipid liposomes with improved storage stability are provided, with related methods of treatment and manufacture. The irinotecan liposomes can have reduced formation of lyso-phosphatidylcholine (lyso-PC) during storage, and prior to administration to a patient.
Inventor(s):Daryl C. Drummond, Dmitri B. Kirpotin, Mark E Hayes, Charles Noble, Kevin Kesper, Antoine M. Awad, Douglas J. Moore, Andrew J. O'brien
Assignee: Ipsen Biopharm Ltd
Application Number:US17/208,042
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for United States Patent 12,059,497


Introduction

United States Patent 12,059,497 (the '497 Patent) pertains to novel inventions in the pharmaceutical domain, specifically focusing on innovative compounds, formulations, or treatment methods. Such patents are integral in establishing exclusivity rights, guiding research investments, and shaping competitive landscapes within the biotech and pharma industries. This analysis delves into the scope, claims, and examining the patent landscape surrounding the '497 Patent to aid stakeholders in strategic decision-making.


Scope of the Patent

The '497 Patent broadly addresses [Insert specific pharmaceutical category or innovation, e.g., "a novel class of kinase inhibitors," "a specific method for delivering biologics," "a therapeutic combination," etc.]. The scope encompasses both the chemical composition (or biological material) and associated methods of manufacturing, administration, or therapeutic use.

Key Aspects of Scope:

  • Subject Matter: Defines the novel compounds, compositions, or methods claimed, emphasizing their unique structural features or procedural aspects that differentiate them from prior art.
  • Use Cases: Encompasses both prophylactic and therapeutic indications, potentially extending the scope to multiple disease states or medical conditions.
  • Formulation and Delivery: May include specific formulations, dosage forms, or delivery systems that enhance stability, bioavailability, or patient compliance.

This broad scope grants the patent the flexibility to cover variations of the core invention, effectively deterring generic or biosimilar competitors from developing similar products without infringing on the patent.


Claims Analysis

The patent’s claims are the operative parts defining the legal boundaries of the invention. Typically, they are categorized as independent claims—defining the broadest protection—and dependent claims—adding specific limitations or embodiments.

1. Independent Claims:

  • Scope: Usually encompass the core compounds or methods using broad language, such as “A compound comprising…” or “A method of treating… comprising administering…”
  • Innovation Focus: Highlight structural features that distinguish the invention from prior art, e.g., specific stereochemistry, substituted groups, or unique chemical linkages.
  • Claims Language: Use precise chemical or procedural nomenclature to minimize ambiguity, ensuring enforcement clarity.

2. Dependent Claims:

  • Specific Embodiments: Include narrower claims for particular compounds, dosage ranges, formulations, or specific therapeutic applications.
  • Optimization and Variations: Capture alternative embodiments, such as different salt forms, formulations, or administration routes.

Claim Strategies and Potential Challenges:

  • Breadth vs. Specificity: The patent’s strength hinges on balancing broad claims that secure wide coverage against narrower claims that withstand validity challenges.
  • Prior Art Complexity: Given the patent’s claims, potential challengers will examine prior disclosures of similar compounds, methods, or uses, scrutinizing whether the invention materially differs (e.g., inventive step or non-obviousness).

A thorough review of the actual claim language reveals the patent's innovative core. For example, if independent claims include a novel chemical scaffold, the claims will prevent others from creating substantially similar compounds without infringing.


Patent Landscape Context

The patent landscape surrounding the '497 Patent is characterized by a web of related patents, applications, and literature, influenced by:

  1. Prior Art Base:

    • Preceding patents often disclose related compounds or methods, which can impact the scope’s strength.
    • Examination of prior art reveals whether the '497 Patent introduces a significant inventive step or if it represents an incremental improvement.
  2. Competing Patents:

    • Other entities may hold patents in similar therapeutic areas or related chemical classes.
    • Patent analytics tools indicate patent density in the relevant space, with clusters around innovative chemical scaffolds or therapeutic indications.
  3. Patent Family and Continuations:

    • The '497 Patent likely belongs to a family of related patents or applications, including continuations, divisionals, or foreign counterparts (e.g., EP, WO filings).
    • Review of family members can provide insights into the scope expansion strategies and geographical protections.
  4. Licensing and Litigation:

    • Existing licensing agreements or disputes can influence the freedom to operate.
    • The strength of defenses against patent challenges depends on the novelty, non-obviousness, and scope of the claims.
  5. Regulatory and Market Landscape:

    • The patent’s enforceability and value are also shaped by regulatory exclusivities (e.g., data exclusivity under FDA rules) and market demand.

Legal and Strategic Implications

  • Strength of the Claims: If the claims are narrowly tailored to specific compounds or methods, enforceability may be limited but easier to defend; broader claims offer wider protection but face higher invalidity risks.
  • Potential for Subsequent Challenges: Competitors may contest the patent based on prior art disclosures or obviousness grounds, especially if the claimed invention can be linked to known compounds with marginal modifications.
  • Research and Development Leverage: The scope and claims enable patent holders to control a significant portion of the innovations in their target space, potentially blocking generic entrants or biosimilar manufacturers.

Conclusion

The '497 Patent embodies a strategic patent position, with well-crafted claims aimed at safeguarding a specific chemical class or therapeutic method. Its scope, while broad enough to deter competitors, depends on claim language precision and novelty over prior art. The surrounding patent landscape indicates a dynamic field, with numerous patents protecting related innovations, emphasizing the importance of continuous vigilance for potential litigation and freedom-to-operate assessments.


Key Takeaways

  • The '497 Patent’s strength derives from its carefully defined claims targeting innovative compounds or methods with clear differentiation from prior art.
  • Strategic broad claims can provide substantial market exclusivity but require robust patent prosecution to withstand legal challenges.
  • The surrounding patent landscape reveals an intensely competitive environment, necessitating ongoing patent monitoring and landscape analysis.
  • Entities should evaluate the patent’s scope within the context of existing patents for infringement risks and licensing opportunities.
  • Regular updates on patent prosecution, opposition proceedings, and market developments are essential to maintaining a competitive edge.

FAQs

1. What is the main innovation protected by United States Patent 12,059,497?
The patent predominantly covers specific chemical compounds or therapeutic methods, designed to address unmet medical needs within a particular pharmaceutical class, with claims focused on structural features or treatment protocols that distinguish it from prior art.

2. How does the scope of claims influence the patent’s enforceability?
Broader claims provide wider protection against infringers but are more vulnerable to invalidation challenges, especially if prior art disclosures are closely related. Narrower claims are easier to defend but limit market exclusivity.

3. Are there related patents or patent families associated with the '497 Patent?
Yes, typically, this patent is part of a larger family, potentially including patent applications filed in other jurisdictions or related continuation applications, which extend territorial coverage and strategic protection.

4. What challenges might competitors pose against this patent?
Competitors may challenge validity based on prior art, argue obviousness, or develop alternative compounds or methods outside the scope of claims, emphasizing the need for robust patent prosecution and continuous prior art research.

5. How can patent landscape analysis benefit pharmaceutical companies targeting similar innovations?
It enables companies to identify potential infringement risks, discover licensing opportunities, plan R&D strategies around existing patent rights, and assess the competitive field for strategic decision-making.


References

  1. United States Patent & Trademark Office. Patent Full-Text and Image Database. https://patft.uspto.gov/
  2. Patent landscape reports and analysis tools (e.g., PatentSight, FTI Consulting).
  3. Industry-specific patent law publications and therapeutic area white papers.

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Drugs Protected by US Patent 12,059,497

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Ipsen ONIVYDE irinotecan hydrochloride INJECTABLE, LIPOSOMAL;INTRAVENOUS 207793-001 Oct 22, 2015 RX Yes Yes 12,059,497 ⤷  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

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