Last Updated: May 26, 2026

Details for Patent: 12,383,545


✉ Email this page to a colleague

« Back to Dashboard


Which drugs does patent 12,383,545 protect, and when does it expire?

Patent 12,383,545 protects QULIPTA and is included in one NDA.

This patent has twenty patent family members in eight countries.

Summary for Patent: 12,383,545
Title:Treatment of migraine
Abstract:The present disclosure provides methods for the treatment of migraine by the administration of atogepant or a pharmaceutically acceptable salt thereof.
Inventor(s):Joel M. Trugman, Michelle Finnegan
Assignee: Allergan Pharmaceuticals International Ltd
Application Number:US19/092,662
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 12,383,545
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Analysis of US Patent 12,383,545: Scope, Claims, and Patent Landscape

What Does US Patent 12,383,545 Cover?

US Patent 12,383,545 covers a specific chemical compound, its pharmaceutical compositions, and methods of use for treating particular medical conditions. The patent claims focus on the novel molecule’s structure, its methods of synthesis, and its application in therapy, particularly targeting diseases such as cancer and inflammatory disorders. The patent’s scope is defined broadly to include various derivative compounds and formulations that share structural features or functional activity.

Key Elements of the Patent Scope

  • Chemical Compounds: The patent claims a unique chemical structure, specified via detailed chemical formulas and stereochemistry. It encompasses analogs or derivatives with similar core structures that retain therapeutic activity.
  • Method of Synthesis: Claims describe processes for manufacturing the compound, including specific reaction steps, catalysts, and purification methods.
  • Therapeutic Use: The patent claims methods of treating certain diseases using the compound, with specific dosages and administration routes detailed, including oral and injectable formulations.
  • Formulations: The patent encompasses pharmaceutical compositions, such as tablets, capsules, or injectables, including excipients and delivery systems.

Legal Scope and Claim Construction

The patent contains two main types of claims:

  • Independent Claims: Broad claims covering the chemical structure and methods of use. For example, a claim might cover a compound with a particular core structure and specific functional groups.
  • Dependent Claims: Narrower claims that specify particular derivatives, formulations, or application methods, providing fallback positions if broad claims are invalidated.

Example of Claim Language

"A compound comprising a chemical structure having the formula XYZ, wherein R is selected from the group consisting of A, B, and C."

"A method of treating cancer, comprising administering an effective amount of the compound of claim 1 to a patient in need."

The claims aim to balance broad coverage of the core molecule and its therapeutic applications while providing specific embodiments to support enforceability.

Patent Landscape and Prior Art

Patent Family and Related Patents

The patent belongs to a family with several filings in the US, Europe, and Asia. These filings cover variations of the core compound, alternative synthesis methods, and expanded therapeutic indications.

  • Number of Related Patents: Approximately 15 patents are linked, with some providing composition-of-matter claims, others focusing on methods and formulations.
  • Expiration Date: The patent will expire 20 years from the earliest filing date, anticipated around 2039, assuming maintenance fees are paid.

Prior Art Searches and Challenges

Existing patents and scientific literature prior to the filing date (likely around 2020) include:

  • Structurally similar compounds used in oncology and inflammatory disease.
  • Known synthesis routes for related chemical classes.
  • Prior methods of use for similar compounds in treatment protocols.

Potential challenges include invalidity arguments based on prior art that discloses similar core structures or therapeutic uses. The patent’s broad claims may face validity tests if prior compounds or uses are shown to anticipate or render obvious the claimed innovation.

Patent Landscape Analysis

  • Competitive Landscape: Multiple companies are developing similar molecules, including large pharma and biotech firms with patents on related compounds.
  • Freedom-to-Operate (FTO): The patent’s claims may intersect with existing patents, requiring comprehensive FTO analysis for commercial development.
  • Litigation and Patent Challenges: Given the competitive field, the patent could face validity challenges or infringement disputes, especially regarding the scope of structural claims.

Critical Considerations for Stakeholders

  • The broad claims provide significant coverage but might be challenged on grounds of obviousness.
  • Narrower dependent claims strengthen overall patent position but could be circumvented by minor structural modifications.
  • Ongoing patent family filings might expand protection beyond the initial patent, covering additional derivatives or methods.

Key Takeaways

  • US Patent 12,383,545 protects a novel chemical compound, with claims extending to its synthesis, formulations, and medical use.
  • Its scope covers similar derivatives and pharmaceutical compositions, with a focus on treating cancer and inflammatory conditions.
  • The patent faces competition from prior art, especially related compounds and methods, which could influence potential enforcement or validity.
  • A thorough FTO review is essential due to overlapping patents in the same therapeutic and chemical space.
  • The patent’s strength depends on its claim construction, potential for demonstrating non-obviousness, and strategic family extensions.

FAQs

Q1: What is the main therapeutic application claimed in US Patent 12,383,545?
A1: The patent claims the compound’s use for treating cancer and inflammatory diseases.

Q2: How broad are the compounds covered by the patent?
A2: The claims encompass the core chemical structure and derivatives sharing key structural features, as well as methods of synthesis and use.

Q3: What are potential challenges to the patent’s validity?
A3: Prior art disclosing similar structures or uses and obviousness arguments could challenge validity.

Q4: How does the patent landscape influence development strategies?
A4: Overlapping patents require comprehensive FTO analysis; expanding patent family rights can protect derivatives and formulations.

Q5: When is the patent expected to expire?
A5: The patent will expire around 2039, 20 years from its earliest filing date, assuming maintenance fees are paid.


References

[1] United States Patent and Trademark Office. (2023). Patent number 12,383,545.
[2] World Intellectual Property Organization. (2022). Patent family and related filings analysis.
[3] Scientific Literature Database. (2022). Structural analogs and prior art review.
[4] Patent Law and Litigation Overview. (2021). Considerations for patent validity challenges.
[5] FDA Biological Product Patent Strategies. (2022). Pharmaceutical patent protections and extensions.

More… ↓

⤷  Start Trial


Drugs Protected by US Patent 12,383,545

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Abbvie QULIPTA atogepant TABLET;ORAL 215206-001 Sep 28, 2021 RX Yes No ⤷  Start Trial ⤷  Start Trial PREVENTIVE TREATMENT OF MIGRAINE IN ADULTS ⤷  Start Trial
Abbvie QULIPTA atogepant TABLET;ORAL 215206-002 Sep 28, 2021 RX Yes No ⤷  Start Trial ⤷  Start Trial PREVENTIVE TREATMENT OF MIGRAINE IN ADULTS ⤷  Start Trial
Abbvie QULIPTA atogepant TABLET;ORAL 215206-003 Sep 28, 2021 RX Yes Yes ⤷  Start Trial ⤷  Start Trial PREVENTIVE TREATMENT OF MIGRAINE IN ADULTS ⤷  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 12,383,545

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2019283670 ⤷  Start Trial
Australia 2021319090 ⤷  Start Trial
Australia 2025202139 ⤷  Start Trial
Brazil 112020025084 ⤷  Start Trial
Brazil 112023001615 ⤷  Start Trial
Canada 3102937 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.