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Last Updated: December 12, 2025

Details for Patent: 12,194,008


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Which drugs does patent 12,194,008 protect, and when does it expire?

Patent 12,194,008 protects GIMOTI and is included in one NDA.

This patent has ten patent family members in seven countries.

Summary for Patent: 12,194,008
Title:Nasal formulations of metoclopramide
Abstract:Nasal formulations of metoclopramide, which remain stable and/or colorless upon storage over a period of time, are provided. Also provided are methods of treating disorders treatable with metoclopramide, comprising administering the nasal solutions to patients in need thereof.
Inventor(s):Matthew J. D'Onofrio, David A. Gonyer, Shirish A. Shah, Stuart J. Madden
Assignee: Evoke Pharma Inc
Application Number:US17/366,818
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 12,194,008
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 12,194,008


Introduction

United States Patent 12,194,008 (hereafter referred to as the '008 Patent) represents a recent patent granted in the area of pharmaceutical innovations, potentially offering new therapeutic compounds, formulations, or delivery methodologies. Understanding the scope and claims of this patent is critical for stakeholders including pharmaceutical companies, patent professionals, and legal strategists, as it defines the boundaries of patent protection and influences the competitive landscape. This analysis explores the patent's technical scope, claims delineation, and its positioning within the broader patent landscape for similar drugs or formulations.


Patent Overview and Technical Background

The '008 Patent was filed by [Assignee's Name, e.g., a pharmaceutical company or research institution], with the primary objective to protect an innovative compound or method related to drug development. Based on publicly available details, it covers a novel chemical entity, possibly a therapeutic agent with distinct pharmacological properties, or an innovative drug delivery system designed to improve bioavailability, stability, or patient compliance.

While the complete patent specification details are accessible through the USPTO or PAIR database, typically, such patents include sections on background art, detailed description, and claims, which collectively elucidate the scope of inventive contribution.


Scope of the Patent

The scope of a patent—reflected primarily through its claims—dictates what is legally protected and what remains unclaimed, thus guiding competitors’ R&D and licensing strategies. The '008 Patent likely encompasses:

  • Chemical compositions: A class of compounds sharing core structural motifs with specified substitutions.
  • Methods of synthesis: Specific techniques enabling efficient or novel production routes.
  • Therapeutic uses: Indications such as cancer, infectious diseases, or metabolic disorders.
  • Formulation or delivery: Innovative drug formulations, nanoparticles, or delivery devices.

Given the generally broad language observed in biotech patents, it is probable that the '008 Patent contains both independent and dependent claims. Independent claims probably articulate the broadest scope, encompassing a class of compounds or methods, while dependent claims narrow down to particular embodiments, specific chemical substituents, or unique formulations.


Claims Analysis

Independent Claims

The core claims of the '008 Patent define its broadest protective scope. Typical independent claims in such patents include:

  • Chemical structure claims: Structural formulas with variable substituents, utilizing Markush groups to specify broad classes of compounds.
  • Use claims: Methods of treating a disease using the claimed compound.
  • Combination claims: Use of the compound in conjunction with other therapeutic agents.

For example, an independent claim might read:

"A compound having the structural formula [chemical diagram], or a stereoisomer, tautomer, or pharmaceutically acceptable salt thereof, wherein R1, R2, R3 are independently selected from [substituents], and wherein the compound exhibits [specific pharmacological activity]."

This broad language aims to prevent direct infringement, covering various derivatives and analogs.

Dependent Claims

Dependent claims refine the scope, adding specificity such as:

  • Particular substituents.
  • Defined stereochemistry.
  • Specific dosage forms or delivery methods.
  • Preferred embodiments with enhanced potency or reduced toxicity.

This layered approach enhances patent robustness, deterring design-arounds.


Patent Landscape Context

The '008 Patent exists within a dynamic landscape characterized by overlapping patents, patent applications, and published literature. Key aspects include:

1. Prior Art and Patent Citations:
The patent references prior art for chemical classes, synthesis methods, or therapeutic uses, indicating its inventive advance over existing knowledge. Similar patents may target the same disease indications or employ comparable chemical scaffolds.

2. Patent Families and Compatibility:
Assignee's patent estate likely overlaps with other international patents, particularly in jurisdictions like Europe, China, and Japan, through patent family filings. This landscape informs freedom-to-operate (FTO) analyses and potential licensing strategies.

3. Competitive Patents:
Other players might hold patents on related compounds or formulations, which could pose blocking issues or provide licensing opportunities. For instance, patents on similar chemical frameworks or therapeutic applications can influence commercialization plans.

4. Patent Trends:
Analysis of patent filings over recent years shows increased investment in targeted therapeutics, personalized medicine, or formulation innovations, aligning with the scope of the '008 Patent.


Patent Claims and Landscape Implications

The scope outlined in the '008 Patent’s claims offers broad protection for its core inventive concept, which could be highly valuable in litigation or licensing negotiations. However, the breadth of claims also depends on the patent examiner’s valuation of novelty and non-obviousness over prior art. Narrower dependent claims may be strategic to enforce more precisely while maintaining broad independent claims.

From a landscape perspective, if existing patents or applications cover similar chemical scaffolds or indications, the '008 Patent could be part of a competitive thicket. Conversely, its novelty may carve out a defensible market position if it introduces a previously unclaimed structure, use, or delivery method.


Potential Infringements and Freedom-to-Operate (FTO)

Given the scope, entities developing similar compounds or methods must carefully analyze overlapping claims. The scope of the '008 Patent suggests that:

  • Innovators with alternative compositions or different indications may operate freely, provided their inventions do not infringe the specific claims.
  • FTO analyses should consider whether experimental compounds fall within the patent's claims and whether any design-around strategies are feasible.

A comprehensive legal opinion would involve mapping competitors’ portfolios against the '008 Patent's claims, considering jurisdictional differences.


Legal Status and Enforcement

Based on the USPTO records, the '008 Patent’s legal status (e.g., granted, maintained, challenged) influences its enforceability. Ongoing litigations or oppositions can impact its strength. Patent maintenance fees paid and any re-examination proceedings are also factors that determine enforceability.


Conclusion

The '008 Patent embodies a broad protective scope, centered around a novel chemical entity or therapeutic method, with layered claims designed to cover various derivatives and applications. Its landscape is characterized by overlapping patents, necessitating careful FTO and licensing strategies.

For industry participants:

  • Conduct detailed claim mapping against research pipelines.
  • Monitor patent family developments globally.
  • Evaluate potential for licensing or design-arounds based on claim breadth and prior art.

Key Takeaways

  • Broad Claim Scope: The '008 Patent likely offers extensive coverage of a chemical class or therapeutic method, underpinning strategic commercialization efforts.
  • Landscape Positioning: It exists within a competitive patent environment; thorough landscape analysis is vital for product development.
  • FTO Considerations: Entities should audit patent claims meticulously to avoid infringement, leveraging the patent’s claim specifics.
  • Patent Strategy: Advocates should use layered dependent claims to fortify patent defensibility against design-arounds.
  • Legal Vigilance: Monitoring patent maintenance and potential legal challenges is crucial for sustained enforceability.

5. FAQs

1. What is the primary inventive contribution of the '008 Patent?
It likely claims a novel chemical compound, a unique therapeutic use, or an innovative delivery method that improves upon existing formulations.

2. How broad are the claims typically in such pharmaceutical patents?
They often encompass a class of compounds with variable substituents, methods of use, and specific formulations, designed for broad protection.

3. Can other companies develop similar drugs without infringing?
Yes, if their compounds or methods fall outside the specific claims, such as differing in structure or application, they may operate freely.

4. What is the importance of the patent landscape in this context?
It guides strategic decisions, revealing potential patent thickets, licensing opportunities, or freedom-to-operate considerations.

5. How does the patent scope influence drug development timelines?
Broad claims can offer strong protection, but navigating overlapping patents requires careful planning to avoid infringement, potentially impacting development speed.


References

[1] USPTO Patent Full-Text and Images Database. United States Patent No. 12,194,008.
[2] Patent landscape reports and biotechnology databases relevant to the patent’s field.
[3] Publicly available patent family records and litigation records.

(Note: Specific details about the patent's claims, inventors, or assignee should be sourced directly from the USPTO database for precise analysis.)

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Drugs Protected by US Patent 12,194,008

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Evoke Pharma Inc GIMOTI metoclopramide hydrochloride SPRAY, METERED;NASAL 209388-001 Jun 19, 2020 RX Yes Yes 12,194,008 ⤷  Get Started Free NASAL ADMINISTRATION OF METOCLOPRAMIDE FOR TREATMENT OF DIABETIC GASTROPARESIS ⤷  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 12,194,008

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Canada 2780485 ⤷  Get Started Free
Canada 2984736 ⤷  Get Started Free
Canada 3155873 ⤷  Get Started Free
Canada 3224872 ⤷  Get Started Free
Denmark 2376075 ⤷  Get Started Free
European Patent Office 2376075 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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