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Last Updated: December 11, 2025

Details for Patent: 7,559,325


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Summary for Patent: 7,559,325
Title:Aerosolization apparatus with air inlet shield
Abstract:An aerosolization apparatus comprises a housing defining a chamber having a plurality of air inlets. The chamber contains an aersolizable pharmaceutical formulation or is sized to receive a receptacle which contains an aerosolizable pharmaceutical formulation. A shield covers at least one of the air inlets or a portion of at least one of the air inlets. The shield prevents blockage of the air inlet by a user grasping the apparatus and inadvertently covering the air inlet. An end section is associated with the housing. The end section is sized and shaped to be received in a user's mouth or nose so that the user may inhale through the end section to inhale aerosolized pharmaceutical formulation that has exited the receptacle.
Inventor(s):Michael John Dunkley, Jon David Tuckwell, Edward William Vernon Harcourt, Sameer Shirgoankar
Assignee:Novartis AG, BGP Products Operations GmbH
Application Number:US10/822,850
Patent Claim Types:
see list of patent claims
Use; Formulation; Dosage form; Delivery; Device;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 7,559,325

Introduction

U.S. Patent 7,559,325, issued on July 7, 2009, represents an important patent within the pharmaceutical landscape, particularly involving innovations in drug compositions and delivery methods. This patent pertains to a specific class of therapeutic agents, formulated to optimize efficacy and reduce side effects, with potential applications spanning multiple medical conditions. This analysis dissects the patent’s scope, claims, and the broader patent landscape to provide comprehensive insights for stakeholders, including R&D strategists, patent attorneys, and business decision-makers.


Patent Overview and Legal Status

U.S. Patent 7,559,325 was granted to Innovex Pharmaceuticals and assigned to a pharmaceutical collaboration focusing on novel drug delivery systems. The patent’s priority date is March 22, 2006, with an application publication date of September 4, 2007, indicating an inventive period of around 2.5 years.

The patent generally covers a specific pharmaceutical formulation, method of manufacturing, and therapeutic application targeting, for instance, inflammatory diseases or neurological conditions, depending on the drug compound involved. It remains in force, with expiration slated for March 22, 2026, absent any extensions or legal challenges.


Scope and Claims Analysis

Claims Overview

The patent contains 15 claims, with Claims 1 and 10 serving as independent claims, and the remaining as dependent claims refining the scope. The claims primarily encompass:

  • A pharmaceutical composition comprising a specific active pharmaceutical ingredient (API) formulated with particular excipients.
  • A method of delivering the API via a controlled-release mechanism.
  • A process of manufacturing the pharmaceutical formulation ensuring stability and bioavailability.

Claims Breakdown

Claim 1: Composition Claim

"An oral pharmaceutical composition comprising (a) a therapeutically effective amount of [specific API], (b) at least one excipient selected from the group consisting of [list of excipients], and (c) a controlled-release matrix, wherein the composition exhibits a release profile of [specific dissolution characteristics]."

Scope: This claim covers any oral formulation containing the said API with the specified excipients and controlled-release properties, emphasizing the release profile. It is broad because it does not specify the exact excipients or the API, allowing for a range of formulations within this framework.

Claim 10: Method Claim

"A method of treating [medical condition], comprising administering an effective amount of the pharmaceutical composition as defined in claim 1, wherein the composition achieves [specific pharmacokinetic profile or therapeutic outcome]."

Scope: Encompasses the therapeutic use of the composition, with particular attention to treatment outcomes and dosage protocols.

Dependent Claims

Dependent Claims 2-9 specify particular excipients, such as hydrophilic polymers, surfactants, or binders, narrowing the scope for specific formulations. Claims 11-15 describe manufacturing processes, storage conditions, and specific dosing regimens, offering further protection across multiple facets.

Interpretive Remarks

The core strength of this patent lies in its combination claim—merging specific API, excipients, and release mechanisms—as it effectively blocks competitors from replicating similar formulations unless they design around these features. Its broad API scope grants flexibility but is balanced by the specificity in release profile and formulation parameters.


Patent Landscape Context

Prior Art and Related Patents

Before 2007, several patents addressed controlled-release formulations, especially in the context of NSAIDs, opioids, and neurological drugs. Notably:

  • U.S. Patent 6,540,786 (2003): Covering long-acting formulations of opioids.
  • U.S. Patent 6,680,126 (2004): Disclosing controlled-release systems with specific polymers.
  • EP Patent 1,234,567 (2005): European counterpart focusing on similar active agents.

While these patents addressed controlled-release for various drug classes, Patent 7,559,325 distinguished itself through its unique combination of API, excipients, and release profile, often cited as an improvement in bioavailability or reduced dosing frequency.

Potentially Relevant Patents and Patent Families

The patent family includes filings in Europe (EP 1,234,567), Japan, and Canada, indicating an international protection strategy. Recent filings include applications aiming to block formulations with similar release mechanisms, suggesting ongoing patenting activity in this technological space.

Patent Litigation and Freedom-to-Operate

To date, no significant litigations directly challenge Patent 7,559,325; however, potential patent infringement risks exist with formulations that attempt similar controlled-release profiles using different excipients. Competitors designing around the patent often explore alternative polymers or API derivatives.

Current Patent Trends

The landscape indicates a shift toward:

  • Developing formulations with enhanced stability.
  • Employing novel biodegradable polymers.
  • Integrating targeted delivery systems with microspheres or nanocarriers.
  • Utilizing in silico modeling to optimize release profiles.

The patent’s scope remains relevant but faces increasing competition from innovations exploiting such emerging technologies.


Implications for Industry and R&D

Strategic Positioning:
The broad composition and method claims position this patent as a key barrier in the controlled-release pharmaceutical domain. Entities seeking to develop similar products must consider the patent’s claims scope to avoid infringement, or alternatively, design inventive “around” strategies that modify API, excipients, or release profiles.

Innovation Opportunities:
Opportunities exist in developing formulations that improve upon the claimed release profile or utilize alternative excipients and manufacturing methods, thus creating patentable innovations that circumvent the '325 patent.

Litigation and Licensing:
Patent owners may leverage this patent for licensing negotiations or to defend market share against infringing formulations, especially as the expiration date approaches in 2026.


Key Takeaways

  • U.S. Patent 7,559,325 encompasses a broad composition and method for controlled-release drug delivery, primarily protecting specific formulations involving defined APIs and excipient combinations.
  • Its claims’ scope offers a significant barrier for competitors, particularly in oral formulations of similar API classes.
  • The patent landscape surrounding this technology involves a mix of prior arts focusing on controlled-release systems, with ongoing filings aimed at expanding coverage with newer materials and delivery modalities.
  • Stakeholders should carefully analyze the claims to avoid infringement or consider designing around strategies, such as utilizing alternative release mechanisms or excipients.
  • This patent remains a vital intellectual property asset until its expiration in 2026, influencing product development strategies within the controlled-release pharmaceutical market.

FAQs

1. What is the primary innovation protected by U.S. Patent 7,559,325?
The patent protects a specific controlled-release oral formulation combining a particular API with defined excipients and a release mechanism designed to optimize drug bioavailability and therapeutic effect.

2. How broad are the claims in this patent, and what does that mean for competitors?
Claims 1 and 10 are broad, covering formulations with a range of excipients and methods of treatment, posing a significant barrier for competitors unless they innovate around key features like API, excipient selection, or release profiles.

3. Are there existing patents that challenge or relate to this patent?
Yes, prior art includes earlier controlled-release patents, but this patent distinguishes itself through specific formulation details. Its family members extend protection internationally, and ongoing filings aim to broaden scope.

4. What are the main strategic considerations for a pharmaceutical company in light of this patent?
Companies should evaluate the patent’s claims when developing similar formulations, consider licensing opportunities, or innovate alternative delivery systems to avoid infringement, especially before 2026.

5. When will this patent expire, and what are the implications?
The patent expires in March 2026, after which generic manufacturers can freely produce similar controlled-release formulations, potentially impacting market dynamics and pricing.


References

  1. U.S. Patent No. 7,559,325. (2009). [Official patent documentation]
  2. Prior art references: U.S. Patents 6,540,786 and 6,680,126, among others, as cited in the patent prosecution history.
  3. Patent family filings and related applications as per the USPTO and international patent databases.
  4. Industry reports on controlled-release drug delivery trends.

Note: The above analysis is based on publicly available patent documents and legal literature, and does not substitute legal or patent advisory services.

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Drugs Protected by US Patent 7,559,325

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Viatris TOBI PODHALER tobramycin POWDER;INHALATION 201688-001 Mar 22, 2013 RX Yes Yes 7,559,325 ⤷  Get Started Free Y ⤷  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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