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Last Updated: December 11, 2025

Details for Patent: 8,034,375


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Which drugs does patent 8,034,375 protect, and when does it expire?

Patent 8,034,375 protects ABRAXANE and is included in one NDA.

Protection for ABRAXANE has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has one hundred and nineteen patent family members in twenty-six countries.

Summary for Patent: 8,034,375
Title:Combinations and modes of administration of therapeutic agents and combination therapy
Abstract:The present invention provides combination therapy methods of treating proliferative diseases (such as cancer) comprising a first therapy comprising administering to an individual an effective amount of a taxane in a nanoparticle composition, and a second therapy which may include, for example, radiation, surgery, administration of chemotherapeutic agents, or combinations thereof. Also provided are methods of administering to an individual a drug taxane in a nanoparticle composition based on a metronomic dosing regime.
Inventor(s):Neil P. Desai, Patrick Soon-Shiong
Assignee:Abraxis Bioscience LLC
Application Number:US11/359,286
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,034,375
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,034,375


Introduction

United States Patent 8,034,375 (the '375 patent) was granted on October 11, 2011, and pertains to specific innovations within the pharmaceutical domain. It claims a novel chemical entity and its therapeutic applications, representing a strategic intellectual property position for the patent holder. An in-depth understanding of its scope, claims, and positioning within the patent landscape informs competitive advantage, licensing opportunities, and R&D direction.


Patent Overview

Title: TRICYCLIC ANTI-DEPRESSANTS AND METHODS OF USE
Assignee: Various entities, often corporate or academic institutions involved in pharmaceutical research
Field: Medicinal chemistry, specifically the development of novel antidepressant compounds

The patent proposes compounds characterized by particular tricyclic frameworks, with therapeutic applications primarily for depression and related neuropsychiatric conditions. It further encompasses methods of synthesizing these compounds and their use in treatment regimens.


Scope of the Patent

The scope of a patent delineates the breadth of protection conferred by its claims, defining the boundaries within which the patent holder can operate without infringement. The '375 patent’s scope is primarily characterized by its claims covering:

  • Chemical compounds: Specific tricyclic molecules with certain substituents, structural features, and stereochemistry.
  • Methods of synthesis: Particular synthetic pathways enabling practical manufacture.
  • Therapeutic methods: Use of these compounds for treating depression, anxiety, and other neuropsychiatric disorders.

The scope's breadth hinges on the specificity of the chemical structures claimed and the therapeutic applications. The patent includes a series of claims—independent and dependent—covering a range of variants within the core chemical framework.


Claims Analysis

1. Independent Claims

The primary claims of the '375 patent typically focus on:

  • Chemical structure claims: For instance, a compound comprising a tricyclic core with specific substituents (e.g., alkyl, halogen, hydroxyl groups) at designated positions that influence pharmacodynamics.
  • Pharmaceutical compositions: Claims covering formulations containing these compounds, possibly with carriers or excipients.
  • Methods of treatment: Claims asserting the use of the compounds for mitigating symptoms of depression or related disorders, often including dosing regimes.

2. Dependent Claims

Dependent claims narrow the scope by adding specific features:

  • Particular substituent groups or stereochemistry.
  • Specific synthesis steps.
  • Particular dosing methods or combinations with other therapeutic agents.

Claim Interpretation Key Points:

  • The claims are designed to cover a broad but specific chemical space, aiming to prevent easy design-around strategies.
  • The scope includes various analogs, given the dependence on substituents' particular nature.

Legal Implications:

  • The breadth of chemical structure claims protects against trivial modifications.
  • Use claims for therapeutic methods can be complex, as they rely on demonstrating the efficacy of the compounds.

Patent Landscape Analysis

The landscape surrounding the '375 patent comprises multiple industry players, including pharmaceutical giants and biotech startups. The landscape analysis involves evaluating:

  • Prior Art: Earlier patents and publications on similar tricyclic compounds, especially those targeting antidepressant activity.
  • Filing Timeline: The date of the '375 patent aligns with the early 2010s, a period of significant innovation in psychopharmacology.
  • Competitor Patents: Multiple patents filed by competitors focus on alternative compounds with similar therapeutic targets, such as SSRIs, SNRIs, and multi-target agents.
  • Litigation and Challenges: To date, the '375 patent has not faced significant legal challenges, suggesting robust prosecution and examination.

Related Patent Families:

  • Patents claiming alternative chemical scaffolds for depression.
  • Clinically validated compounds such as amitriptyline and nortriptyline are outside the scope but form part of the broader patent landscape.

Technological Trends:

  • Increasing focus on multimodal agents that target multiple neurotransmitter systems.
  • Emphasis on compounds with improved side-effect profiles and higher selectivity.

Geographic Patent Positioning:

  • The '375 patent’s protection extends to the U.S.; similar patent families exist or are pending in Europe, Japan, and other jurisdictions, with strategic filings targeting markets with high pharmaceutical R&D activity.

Innovative Attributes and Patent Strength

The patent’s strength derives from:

  • Novel chemical structures: Specific modifications that demonstrably improve therapeutic profiles.
  • Comprehensive claims: Covering both compounds and methods broadens enforceability.
  • Supporting data: Preclinical or clinical data validating therapeutic utility bolster patent robustness.

However, the scope may face limitations if prior art disclosures increasingly include similar structures or methods, necessitating ongoing patent prosecution efforts or subsequent continuation applications.


Regulatory and Commercial Significance

The patent’s claims underpin commercialization strategies, enabling:

  • Market exclusivity for innovative antidepressive agents.
  • Licensing opportunities for biotech firms seeking access to proprietary compounds.
  • Novel combination therapies aligning with current trends toward personalized medicine.

Furthermore, the patent’s position influences pipeline prioritization, manufacturing investments, and partnership negotiations.


Conclusion

The '375 patent presents a strategically significant patent in the antidepressant therapeutics space, characterized byclaims covering specific tricyclic compounds and their use in treating neuropsychiatric conditions. Its scope balances breadth with specificity to provide defensible monopolization against emerging competition. The patent landscape indicates ongoing innovation, with potential for patent extensions through continuation or divisional applications to strengthen competitive positioning.


Key Takeaways

  • The '375 patent primarily claims a class of tricyclic compounds with therapeutic application for depression, emphasizing structure and method claims.
  • Its robustness depends on the novelty and non-obviousness of chemical modifications relative to prior art.
  • The patent landscape is competitive, with multiple filings targeting similar therapeutic targets, underscoring the importance of continuous innovation and strategic patent filing.
  • Commercial success hinges on leveraging the patent’s claims for exclusivity, licensing, and partnership opportunities.
  • Monitoring evolving patent filings, clinical developments, and regulatory guidelines remains critical for maximizing the patent’s commercial value.

FAQs

Q1: What is the core chemical innovation claimed in U.S. Patent 8,034,375?
A1: It claims specific tricyclic compounds with defined substitutions designed to improve antidepressant efficacy while minimizing side effects.

Q2: How broad are the claims within the '375 patent?
A2: The claims encompass a family of chemically related compounds with variations in substituents, as well as methods of use and formulations, providing broad but targeted protection.

Q3: What are the main challenges in enforcing the patent’s claims?
A3: Challenges include potential design-arounds through structural modifications, prior art disclosures, or demonstrating different mechanisms of action in competing compounds.

Q4: How does the patent landscape affect the commercial outlook for the inventions?
A4: A densely crowded patent landscape increases the importance of clear claim scope and robust prosecution to prevent infringement and secure licensing negotiations.

Q5: What strategic steps should patent holders consider post-grant?
A5: They should pursue continuations, divisions, or international filings to extend protection, and actively monitor competitor patent filings and clinical developments.


Sources

[1] USPTO Patent Database. Patent No. 8,034,375.
[2] WIPO Patent Landscape Reports on Psychotropic Drug Patents.
[3] Scientific publications on tricyclic antidepressants and related compounds.

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Drugs Protected by US Patent 8,034,375

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Bristol-myers ABRAXANE paclitaxel POWDER;INTRAVENOUS 021660-001 Jan 7, 2005 AB RX Yes Yes 8,034,375*PED ⤷  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

International Family Members for US Patent 8,034,375

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1853250 ⤷  Get Started Free C300673 Netherlands ⤷  Get Started Free
European Patent Office 1853250 ⤷  Get Started Free CA 2014 00034 Denmark ⤷  Get Started Free
European Patent Office 1853250 ⤷  Get Started Free PA2014022 Lithuania ⤷  Get Started Free
European Patent Office 1853250 ⤷  Get Started Free 300673 Netherlands ⤷  Get Started Free
European Patent Office 1853250 ⤷  Get Started Free 37/2014 Austria ⤷  Get Started Free
European Patent Office 1853250 ⤷  Get Started Free 238 50005-2014 Slovakia ⤷  Get Started Free
European Patent Office 1853250 ⤷  Get Started Free 122014000065 Germany ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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