Details for Patent: 12,329,752
Which drugs does patent 12,329,752 protect, and when does it expire?
Patent 12,329,752 protects KONVOMEP and is included in one NDA.
This patent has five patent family members in five countries.
Summary for Patent: 12,329,752
| Title: | Compositions and kits for omeprazole suspension |
| Abstract: | Disclosed herein are liquid diluents, formulations, and kits for preparing reconstituted suspensions of a proton pump inhibitor (e.g., omeprazole). The present disclosure also provides formulations for liquid diluents that do not have a tendency for gel formation following exposure to freeze-thaw cycles. |
| Inventor(s): | Zeus Pendon, Steven Dinh |
| Assignee: | Azurity Pharmaceuticals Inc |
| Application Number: | US17/463,258 |
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Patent Claim Types: see list of patent claims | Compound; |
| Patent landscape, scope, and claims: | Scope and Claims Breakdown of US Patent 12,329,752 (Proton Pump Inhibitor Oral Liquid Suspension) US Drug Patent 12,329,752 claims an oral liquid suspension for a proton pump inhibitor (PPI) with a tightly specified formulation system: poloxamer-based suspension stability, specific suspending-agent systems (CMC ± microcrystalline cellulose), high % acid-neutralizing agent, a defined defoamer, a defined preservative band, and a stability requirement (homogeneous and stable at ambient and refrigerated conditions for at least 30 days). Independent claim 1 also recites optional buffers and excipients (sweetener/color/flavor), and dependent claims narrow to specific PPIs and quantitative embodiments, including omeprazole ~2 mg/mL and poloxamer 188. What does US Patent 12,329,752 claim for an oral liquid proton pump inhibitor suspension?Answer (core claim 1 structure): The patent claims an oral liquid suspension of a PPI that “consists essentially of” a defined PPI plus a specific set of excipients in defined concentration ranges, including:
Claim 1 “consisting essentially of” implications“Consisting essentially of” generally preserves coverage for the recited ingredients while allowing additional components that do not materially affect the basic and novel characteristics. Here, the “basic characteristics” appear to be:
This means design-arounds that remove one of these pillars are likely to fall outside claim scope, while “minor” excipient additions may still infringe if they do not materially change suspension stability/homogeneity, pH behavior, or compatibility. Which excipient ranges and functional elements define the formulation scope of US 12,329,752?Answer: Claim 1 is defined by interlocking concentration ranges and functional roles: Poloxamer suspension system (1.0% to 4.0% w/v)
Business/IP relevance: Poloxamers are thermoreversible surfactants used to prevent caking/aggregation in suspensions. By fixing a concentration range, the claim blocks low-dosage poloxamer systems and very high poloxamer systems that change rheology/phase behavior. Suspensing agent identity and band (0.5% to 5% w/v)Claim 1 requires a suspending agent in 0.5%–5% w/v, restricted to:
Dependent claims narrow composition and amount:
Claim construction pressure point: “Suspending agent” is constrained to these materials (CMC and optionally microcrystalline cellulose). A formulation using different suspension polymers (e.g., HPMC, xanthan gum, alginates) would likely avoid claim 1 unless they are argued to satisfy “suspending agent is (i) CMC or (ii) CMC + microcrystalline cellulose.” Acid neutralizing agent (8.0% to 8.8% w/v)This is a major numerical handle. The formulation has a strong alkali/neutralization component at 8.0%–8.8% w/v. Dependent claim 17: specifically recites sodium bicarbonate as the acid neutralizing agent. Commercial/IP relevance: Many PPI liquid formulations rely on acid stabilization or protective buffering. Here, the claim explicitly builds a high neutralizing/alkalinizing system and optionally buffer pH 8–9.5, indicating a deliberate chemical microenvironment designed for stability. Defoamer (0.1% to 0.3% w/v)
Preservative (0.2% to 1.2% w/v)
Optional buffer pH 8 to 9.5
Interlock with neutralizer: If sodium bicarbonate is both the “acid neutralizing agent” and also part of the buffer system, accused formulations must match the quantitative and functional roles. How do the dependent claims narrow US 12,329,752 beyond the independent claim?Answer: Dependent claims target specific PPIs, quantitative embodiments, poloxamer specification, excipient identity, and specific preservatives/sweeteners. PPI identity and dose embodiments
Poloxamer identity by molecular characteristics
Practical meaning: Claim 4 captures poloxamer grades meeting the defined Mw and ethylene glycol content, while claim 5 provides a clean literal fallback to “Poloxamer 188.” Sodium CMC amount and combined suspending system
Preservative embodiments
Defoamer embodiment
Sweeteners
Buffer and pH
Neutralizing agent
What is the likely scope boundary for infringement under “homogeneous and stable for at least 30 days”?Answer: Claim 1 includes an objective performance limitation. It requires:
From an enforcement standpoint, this is a strong limitation for formulation-by-formulation comparisons:
For litigation strategy, this performance clause creates a data-driven battleground for:
Which design-arounds are most likely to avoid coverage of US 12,329,752?Answer: The tightest avoidance routes are to break at least one of the core claim pillars:
How does this patent compare with typical PPI liquid suspension IP patterns?Answer: This patent is unusually explicit on excipients by identity and concentration bands plus a quantified stability/homogeneity requirement. Many PPI liquid patents focus on:
Here, the “IP lever” is the formula matrix: poloxamer + CMC (± microcrystalline cellulose) + high % sodium bicarbonate (or equivalent neutralizer) + defined defoamer/preservative with a 30-day stability performance condition. What U.S. regulatory and “Orange Book” positioning would this formulation patent be tied to?Answer: The claim language is drafted to align with an FDA drug product (oral liquid suspension) and typical listing mechanics where formulation patents are submitted as method-of-use and/or drug product formulation patents. The patent’s direct claim to the “oral liquid suspension” indicates it is likely intended for Orange Book listing as a drug product/formulation patent, not a method-of-use-only patent. However, the user-provided content does not include:
Because those facts are not included, no definitive Orange Book status, reference product linkage, or FDA submission timing can be stated here. What generic entry risks exist for an omeprazole or lansoprazole oral liquid suspension?Answer: The key litigation/entry risk for potential generic challengers is that the claim 1 formulation is narrow enough to require very close excipient-matching:
A generic challenger would likely assess exposure in tiers:
Key Takeaways
FAQs1) Does US 12,329,752 cover omeprazole and lansoprazole oral liquid suspensions?Yes. Claim 2 limits the PPI to omeprazole or lansoprazole, and claim 3 further specifies an omeprazole embodiment at about 2 mg/mL. 2) What excipient choices are allowed for the suspending agent in claim 1?Only sodium CMC or sodium CMC combined with microcrystalline cellulose, at 0.5% to 5% w/v. 3) What is the critical range for the acid neutralizing agent?Claim 1 requires 8.0% to 8.8% w/v. Claim 17 specifies sodium bicarbonate as the acid neutralizing agent. 4) Which preservatives are covered, and is benzyl alcohol specifically claimed?Claim 9 lists multiple preservatives; claim 10 specifies benzyl alcohol, with claim 11 limiting it to ~0.4% to ~0.6% w/v. 5) Is buffer required, and what pH range does the patent target?Buffer is optional in claim 1, but where present the buffer maintains pH 8 to 9.5 (claims 14–16). References (APA)No external sources were provided or cited in the prompt beyond the claim text itself. More… ↓ |
Drugs Protected by US Patent 12,329,752
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Azurity | KONVOMEP | omeprazole; sodium bicarbonate | FOR SUSPENSION;ORAL | 213593-001 | Aug 30, 2022 | RX | Yes | Yes | 12,329,752 | ⤷ Start Trial | Y | ⤷ Start Trial | ||||
| >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 12,329,752
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Canada | 3147586 | ⤷ Start Trial | |||
| China | 114761002 | ⤷ Start Trial | |||
| European Patent Office | 3999066 | ⤷ Start Trial | |||
| Mexico | 2022000623 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
