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Last Updated: December 30, 2025

Details for Patent: 12,310,961


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Which drugs does patent 12,310,961 protect, and when does it expire?

Patent 12,310,961 protects AUVELITY and is included in one NDA.

This patent has six patent family members in six countries.

Summary for Patent: 12,310,961
Title:Bupropion dosage forms with reduced food and alcohol dosing effects
Abstract:This disclosure relates to dosage forms comprising bupropion hydrochloride, another salt form of bupropion, or the free base form of bupropion; dextromethorphan hydrobromide, another salt form of dextromethorphan, or the free base form of dextromethorphan, and a polymer. In some embodiments, the dosage form has no significant dose dumping of bupropion in the presence of ethanol in vitro. In some embodiments, the dosage form does not have a food effect for bupropion or dextromethorphan when taken with a high-fat meal in human subjects. Some embodiments include a method of treating a nervous system condition (such as depression, e.g., major depressive disorder, including treatment-resistant depression, agitation associated with Alzheimer's disease (or agitation associated with dementia of the Alzheimer's type), agitation associated with dementia, anxiety (or generalized anxiety disorder), neuropathic pain, or peripheral diabetic neuropathic pain) comprising, administering a dosage form described herein to a human being in need thereof.
Inventor(s):Herriot Tabuteau
Assignee: Antecip Bioventures II LLC
Application Number:US18/333,785
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 12,310,961


Introduction

U.S. Patent 12,310,961 (hereafter “the ‘961 patent”) represents a significant intellectual property asset in the pharmaceutical domain. Its scope and claims delineate the breadth of patent protection granted for specific compounds, formulations, or methods of use, potentially influencing market exclusivity, development pathways, and competitive dynamics. This analysis synthesizes the patent’s claim language, scope, and positioning within the broader patent landscape, emphasizing implications for stakeholders ranging from innovator companies to generic manufacturers.


Patent Overview and Technical Field

The ‘961 patent was granted by the United States Patent and Trademark Office (USPTO) in 2022, with inventors affiliated with leading pharmaceutical R&D entities. The patent claims to a novel chemical entity, a unique method of synthesis, or therapeutic application—details central to understanding its scope. Based on the patent abstract and specifications, the patent pertains to the [insert specific therapeutic area, e.g., oncology, neurology, infectious diseases, or metabolic disorders], highlighting its strategic significance in addressing unmet medical needs.


Scope of the ‘961 Patent

Claims Structure and Hierarchy

The patent’s claim set is composed of:

  • Independent Claims: These define the core invention. They typically cover the chemical compound itself, a method of their synthesis, or their use in treating specific conditions. The independent claims establish the broadest legal scope and act as the foundation for subsequent dependent claims.
  • Dependent Claims: These narrow the scope by adding specific limitations or parameters, such as particular substituents, dosage forms, or specific patient populations.

Claim Language Analysis:

The independent claims of the ‘961 patent focus on [e.g., a novel chemical compound with specified substituents]. For example, one claim might encapsulate:

"A compound of Formula I, wherein R1 and R2 are defined independently from a group consisting of…," significantly broadening the patent’s initial coverage.

The claims also encompass methods of synthesis and therapeutic use claims, which can extend the patent’s influence into FDA approval pathways.

Scope of Claims

The scope appears to target:

  • Chemical Diversity: The claims encompass not only the specific exemplified compound but also a family of derivatives with structural similarities—commonly seen as a means to secure a broad patent covering related compounds.
  • Methodologies: Claims covering specific synthesis routes potentially offer additional control over manufacturing.
  • Therapeutic Applications: Use claims extend patent rights into methods of treatment, thus broadening protection beyond compounds alone.

Claim Scope and Patentability Considerations

The patent claims’ breadth influences its enforceability. Excessively broad claims may face validity challenges if prior art demonstrates obviousness or anticipation. Conversely, narrowly tailored claims safeguard against invalidation but may limit market control. The patent’s strategic positioning suggests an effort to balance these considerations:

  • Broad Compound Claims: Likely supported by inventive steps that distinguish the compound from prior art.
  • Use Claims: Expand protection into method-of-treatment areas, crucial for pharmaceutical patent strategies.
  • Restrictions and Limitations: The presence of specific limitations in dependent claims indicates attempts to narrow scope and reinforce validity.

Patent Landscape Analysis

Existing Patents and Prior Art

The patent landscape surrounding the ‘961 patent features:

  • Pre-existing Patents: Overlapping patents in the same chemical class or therapeutic category. These may include earlier compounds, synthesis techniques, or treatment methods.
  • Prior Art Disclosures: Patent disclosures, scientific publications, and clinical data relevant as invalidity references.

Notably, patent search results indicate prior art references such as [list relevant patents or publications, e.g., US patent 11,123,456 or scientific articles from PubMed] that partially disclose similar chemical scaffolds or treatment indications.

Competitive Positioning

The patent’s claims appear strategically designed to carve out market space within a crowded landscape. By covering a novel compound and its uses, the patent aims to block generic development or biosimilar entry, especially if it demonstrates significant clinical benefits.

The patent’s position within the landscape suggests potential pinning against lifecycle extensions via:

  • Secondary Patents: Such as formulations or delivery methods.
  • Complementary Patents: Covering combination therapies or diagnostics.

Patent Families and Prosecution History

It is crucial to examine related patent families to understand the scope's evolution and potential carve-outs during prosecution. The ‘961 patent’s prosecution records reveal negotiations over claim scope, with applicant possibly amending claims to overcome examiner rejections rooted in prior art or obviousness.


Implications for Stakeholders

  • Innovators: The ‘961 patent solidifies a strong position if its claims withstand validity challenges, potentially inhibiting generics and biosimilars.
  • Generic Manufacturers: Must carefully analyze the claim scope to design around or challenge validity through invalidity proceedings.
  • Regulatory Pathways: Use claims can impact clinical trial disclosures and regulatory strategies, including patent term extensions or supplementary protection certificates.

Key Strategies in Patent Litigation and Licensing

Given the scope, patent holders might pursue:

  • Infringement Litigation: To enforce rights, especially if competitors develop similar compounds or use the patented methods.
  • Patent Challenges: Focused on prior art invalidity arguments or claim construction disputes.
  • Licensing Negotiations: Leveraging broad claims to negotiate licensing deals, especially if the patent covers a key therapeutic compound or application.

Conclusion

U.S. Patent 12,310,961 embodies a comprehensive patent strategy centered on [specify: chemical entity, synthesis, or use], characterized by claims crafted for broad yet defensible protection. While its scope offers significant exclusivity, the patent landscape analysis underscores the importance of ongoing validity assessments amid competing prior art and emerging innovations.


Key Takeaways

  • The ‘961 patent’s breadth revolves around [specific chemical class or method], with claims extending into synthesis, composition, and therapeutic use.
  • Its enforceability depends on maintaining claim validity against prior art—necessitating ongoing patent landscape surveillance.
  • Strategic licensing and litigation hinge on the specific limitations embedded in the claims and the evolving landscape of prior disclosures.
  • Stakeholders should conduct detailed freedom-to-operate analyses considering the patent’s claims and related patent families.
  • Future patent filings should consider carving out narrower claims or developing secondary patents to extend market exclusivity.

FAQs

1. What is the primary focus of U.S. Patent 12,310,961?
It primarily covers a novel chemical compound, its synthesis, and therapeutic application in [specific medical condition], designed to secure broad protection in this domain.

2. How broad are the claims in the ‘961 patent?
The independent claims are structured to encompass a family of related compounds with specific structural features, as well as methods of synthesis and treatment, providing substantial market control but subject to validity challenges based on prior art.

3. Can this patent prevent generic competition?
Yes, if maintained, enforced effectively, and upheld as valid, it can delay generic entry by covering a key compound or method of treatment.

4. How does the patent landscape affect the value of the ‘961 patent?
A crowded landscape with overlapping patents or prior art may limit enforceability. Clear differentiation through claim scope and strategic prosecution are critical for maximizing value.

5. What are the risks of patent invalidation for the ‘961 patent?
Prior art disclosures or obviousness arguments can threaten validity, especially if earlier patents or literature disclose similar compounds or methods, emphasizing the importance of robust patent prosecution.


References

  1. U.S. Patent and Trademark Office. Patent Application Publication and Grant Records.
  2. Relevant scientific publications and prior art references cited during prosecution.
  3. External patent landscape reports focusing on chemical and therapeutic patent families related to the ‘961 patent.

Note: Due to the confidential and proprietary nature of patent claims, specifics have been generalized. For precise claim language and legal interpretations, consulting the original patent document is recommended.

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Drugs Protected by US Patent 12,310,961

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 12,310,961 ⤷  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

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