Share This Page
Details for Patent: 12,390,442
✉ Email this page to a colleague
Which drugs does patent 12,390,442 protect, and when does it expire?
Patent 12,390,442 protects ARTESUNATE and is included in one NDA.
Summary for Patent: 12,390,442
| Title: | Artesunate powders, pharmaceutical compositions and methods of manufacture |
| Abstract: | Disclosed herein are powders including a therapeutically effective amount of 4-oxo-4-[[(1R,4S,5R,8S,9R,10S,12R,13R)-1,5,9-trimethyl-11,14,15,16-tetraoxatetracyclo[10.3.1.04,13.08,13]1exadecane-10-yl]oxy]butanoic acid (artesunate) or a pharmaceutically acceptable salt thereof that can be easily manufactured, sterilized and packaged. Processes for producing these powders and pharmaceutical compositions containing these powders are also disclosed. |
| Inventor(s): | Bryan L. Smith, Lisa Thomas Read |
| Assignee: | Amivas Inc |
| Application Number: | US18/908,438 |
|
Patent Claim Types: see list of patent claims | Use; Composition; |
| Patent landscape, scope, and claims: | US Patent 12,390,442 (Artesunate): What the Claims Actually Cover and Where the Patent Fence Likely SitsWhat is US 12,390,442?US 12,390,442 claims a specific method of treating malaria using a micronized artesunate-containing powder with tightly defined solid-state, powder electrostatics, moisture-state control, and downstream sterile manufacture into a buffered composition for parenteral dosing. The core claim (claim 1) is not a broad “artesunate for malaria” product claim; it is a process-and-conditions claim tied to:
This structure makes infringement analysis highly sensitive to whether an accused process matches the powder electrostatics test, the humidity/temperature fill conditions, and the buffer composition/pH/ion concentration. What does claim 1 cover (scope map)?1) Therapeutic indication and active
2) Powder composition: crystalline content
Practical reading: the patent targets a powder state that is “mostly non-crystalline or amorphous” with a limited crystalline presence. This is unusually narrow versus many artesunate solid-form patents that center on polymorph identity and not a “trace crystalline fraction” window. 3) Powder electrostatics: “average static charge” test window
This turns the claim into a measurement-defined property. If an accused powder’s static charge lies outside the window under the same conditioning and measurement geometry, it can fall outside claim 1. 4) Powder preparation and controlled filling conditionsClaim 1 also requires a process that comprises:
This “post-sterilization fill” environmental control is a second infringement hinge that is independent of the initial milling/crystalline fraction. 5) Formulation step: buffer mixing
6) Administration
How do dependent claims narrow the scope (what you can design around)?Below are the dependent claims and the “likely freedom-to-operate pressure points” they create. Buffer system and pH/ionic strength (claims 2–5)
Fence effect: If a competitor uses a different buffer family, different pH band, or different phosphate molarity, those dependent claim paths narrow, but claim 1 can still be asserted if claim 1’s “buffer solution” term reads broadly enough in the operative claim construction. In US practice, the dependent claims do not limit claim 1, but they influence interpretation and arguments of intentional narrowness. Route and administration kinetics (claims 6–8)
Fence effect: If a competitor administers intramuscularly, bolus IV, or a different infusion length protocol, dependent claims 6-8 are harder to meet. Dose and regimen (claims 9–12)
Fence effect: These are typical malaria dosing ranges. If an accused regimen departs from the claimed daily mg/kg and duration pairing, dependent claims become avoidable, but claim 1 still has the “therapeutically effective amount” language, which can be read broadly. Powder moisture and flow (claims 14–16)
Fence effect: These are manufacturing/process-linked and can be distinctive versus generic micronized powders. Microbial/impurity profile (claims 17–18)
Fence effect: Sterility specifications and impurity profiles can be measured. If an accused powder fails these limits, it may avoid dependent claims 17-18. Bulk/tap densities and flow propensity (claims 19–22)
Fence effect: These properties track powder handling and conditioning. They can be used as practical proxies for whether a powder matches the “formulation-ready” state demanded by the patent. Specific solid form (claim 20)
Fence effect: This gives a specific polymorph anchor. If an accused product uses a different crystalline form distribution, it may be harder to meet the “crystalline form” requirement in claim 1 (but claim 1 is not limited to 10-α; claim 20 is limited). Packaging and sterilization method (claims 23–24)
Fence effect: Ethylene oxide sterilization is a strong process marker. A different sterilization route (e.g., gamma, steam, electron beam) could avoid dependent claim 24. Likewise, different packaging count/material can avoid claim 23. What is the effective “infringement test” for US 12,390,442?Because claim 1 is comprehensive, an infringement assessment typically reduces to whether an accused workflow satisfies:
The patent landscape implication: designing around static charge (and/or conditioning protocol), moving away from the crystalline fraction window, or changing humidity-controlled fill conditions can be more decisive than changing the active dose regimen. What is the patent landscape likely to look like around this claim set?US 12,390,442 is a formulation and manufacturing-condition claim around artesunate. The likely adjacent landscape categories for “related risk” (by claim structure) are: A) Static charge and electrostatics control patentsClaims with:
Landscape pattern: such claims usually cluster in formulation and drug product manufacturability IP, not purely in drug substance polymorph space. B) Sterilization and controlled humidity fill/process patentsClaims that require:
Landscape pattern: packaging and aseptic processing related patents frequently overlap with stability and manufacturability IP for powders. C) Solid form and amorphous-crystalline balance patentsThis patent combines:
Landscape pattern: artesunate polymorph and amorphous content patents often cover:
D) Artesunate impurity/specification and moisture uptake patentsClaims that limit:
Landscape pattern: impurity control and packaging moisture barrier patents are common adjacent layers. E) Buffered IV administration formulationsDependent claims narrow buffer identity (bicarbonate buffer with phosphate components), pH band, and phosphate molarity. IV artesunate formulations usually occupy a dense area in generics and follow-on product IP, especially where solubility, pH compatibility, and compatibility with IV administration matter. Where is the scope tightest (highest “claim compliance” burden)?The highest compliance burden in US 12,390,442 sits in claim 1 elements that are both:
Top tightness drivers
These are harder to “accidentally” satisfy than generic formulation parameters. Key claim-to-competitor design leversFor product developers and investors, the actionable levers implied by the claim text are: 1) Powder electrostatics
2) Humidity profile across manufacturing
3) Solid-state distribution
4) Sterilization and containerization
5) Buffer formulation and pH/ions
6) Administration protocol
Key Takeaways
FAQs
References[1] User-provided claim text for US Drug Patent 12,390,442 (claims 1–24). More… ↓ |
Drugs Protected by US Patent 12,390,442
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Amivas | ARTESUNATE | artesunate | POWDER;INTRAVENOUS | 213036-001 | May 26, 2020 | RX | Yes | Yes | 12,390,442 | ⤷ Start Trial | A METHOD OF TREATING MALARIA USING MICRONIZED POWDER OF CRYSTALLINE ARTESUNATE PREPARED BY STERILIZING AND FILLING THE POWDER INTO A CONTAINER AT A RELATIVE HUMIDITY OF 30 TO 40%, MIXING THE POWDER WITH A BUFFER AND ADMINISTERING THE COMPOSITION | ⤷ 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 |
