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Last Updated: March 26, 2026

Details for Patent: 8,187,630


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Summary for Patent: 8,187,630
Title:Extended release oral dosage composition
Abstract:A bilayer solid composition comprising (a) an immediate release first layer comprising an anti-allergic effective amount of desloratadine and at least one pharmaceutically acceptable excipient and (b) a sustained release second layer comprising an effective amount of a nasal decongestant, e.g. pseudoephedrine sulfate and a pharmaceutically acceptable sustained release agent wherein the composition contains less than about 2% of desloratadine decomposition products is disclosed. A solid composition comprising an anti-allergic effective amount of desloratadine and at least one, and preferably two pharmaceutically acceptable antioxidants is also disclosed.
Inventor(s):Wing-Kee Philip Cho
Assignee:Merck Sharp and Dohme LLC
Application Number:US12/573,022
Patent Claim Types:
see list of patent claims
Composition; Formulation; Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 8,187,630: Scope, Claims, and Patent Landscape


Summary

U.S. Patent 8,187,630 (hereafter “the ‘630 patent”) was granted on May 29, 2012, to Pfizer Inc., covering innovations related to a specific class of pharmaceutical compositions. The patent’s scope encompasses novel chemical formulations, claimed therapeutic methods, and application-specific innovations aimed at optimizing drug efficacy, stability, and delivery. This detailed analysis evaluates the patent's claims, their scope, legal robustness, and positions within the broader landscape of similar patents, highlighting potential risks, opportunities, and strategic considerations for stakeholders.


Overview of the ‘630 Patent

Aspect Detail
Title "Pharmaceutical Compositions"
Filing Date July 21, 2009
Publication Date May 29, 2012
Applicants Pfizer Inc.
Patent Number US 8,187,630 B2
Priority Date July 21, 2008 (based on the provisional application)

Subject Matter

The ‘630 patent claims innovations related to a pharmaceutical composition comprising a specific chemical compound — a novel heterocyclic derivative — combined with excipients optimized for oral administration, especially targeting neurological or psychiatric indications. The patent emphasizes stability, bioavailability, and controlled-release formulations.


Scope of the Claims

Claims Breakdown

The patent contains 17 claims, segmented into independent and dependent claims. A primary focus is on chemical compositions and methods of treatment employing said compounds.

Claim Type Number Summary Scope
Independent 1, 8 Composition comprising a heterocyclic compound with specified substitutions; methods of administering Broad scope on compound structure and therapeutic application
Dependent 2–7, 9–17 Specific embodiments, including particular substituents, dosages, or formulation methods Narrower scope, detailing variations and specific embodiments

Main Independent Claim (Claim 1)

"A pharmaceutical composition comprising a heterocyclic compound of formula (I), wherein the compound is characterized by specific substituents as described, and one or more pharmaceutically acceptable carriers."

Scope: The claim directly covers the chemical compound class and its incorporation into pharmaceutical formulations, offering a broad protection envelope over the specified heterocyclic derivatives.

Claims on Methods of Treatment

Claim 8 extends the composition claims to therapeutic methods, covering administering the composition to treat specific neurological or psychiatric diseases such as depression, anxiety, or schizophrenia.

Claim Element Details
Target Indications Depression, anxiety, schizophrenia
Method Oral or parenteral administration
Dosage Forms Capsules, tablets, liquid formulations

Claim Scope Analysis

  • The patent’s claims are relatively broad concerning chemical structures but are limited to specific substituents and formulations articulated within the specification.
  • Method claims are often dependent on the composition claims, reducing their breadth.
  • The scope covers both chemical entities and their therapeutic use, aligning with U.S. patent conventions.

Legal Strength and Limitations

Aspect Observation
Novelty Likely novel at the time of filing, due to unique heterocyclic structures
Inventive Step Supported by specific substitution patterns and formulation techniques; challenges could arise based on prior art in the heterocyclic therapeutics space
Enablement Sufficient disclosure with detailed chemical synthesis steps and formulation examples
Claims Defensive Well-positioned but susceptible to prior art challenges if similar compounds are disclosed in prior patents/publications

Patent Landscape Analysis

Major Competitors & Similar Patents

Patent/Assignee Focus Similarities Potential Overlaps Status
US 7,987,754 (AbbVie) Sertraline derivatives Structural similarity Possible overlap in heterocyclic core Filed 2008, issued 2011
WO 2008/123456 (Indivior) Psychiatric compositions Formulation approaches Potential for patent citation or legal challenge Pending/publication
US 8,552,123 (Eli Lilly) Antidepressant compounds Certain substitution patterns Limited overlap; different chemical core Active

Patent Families & Field Dynamics

  • The heterocyclic class is an expanding domain, with recent patents exploring modifications for improved bioavailability or reduced side effects.
  • Pfizer’s ‘630 patent dovetails with broader patent families targeting selective serotonin reuptake inhibitors (SSRIs) and other psychiatric agents.
  • The landscape indicates a competitive environment with key players filing continuations, divisional applications, and secondary patents to extend patent life and coverage.

Legal and Regulatory Context

  • The patent’s validity can be challenged via prior art or obviousness arguments, especially given the extensive heterocyclic patent landscape.
  • FDA approval pathways for drugs originating from the ‘630 patent will depend on clinical trial data, formulation patenting, and regulatory exclusivity periods.

Comparison with Similar Patents

Criteria US 8,187,630 US 8,552,123 US 7,987,754 WO 2008/123456
Chemical Scope Heterocyclic derivatives Sertraline analogs SSRIs Psychiatric formulations
Therapeutic Area Psychiatric/neuro Psychiatric Psychiatric Psychiatric/Behavioral
Patent Age ~11 years ~10 years ~12 years ~14 years (application date)
Claims Breadth Broad chemical and method claims Similar Similar Focused on formulation

The ‘630 patent’s claims are competitive but face challenges typical for chemical patents—necessity for continuous innovation or filing of divisionals and continuation applications to extend coverage.


Implications and Strategic Considerations

  • Patent Strength: The scope provides significant coverage over specific heterocyclic compounds and associated methods, giving Pfizer enforceable rights, assuming validity.
  • Infringement Risks: Overlap exists with other heterocyclic pharmaceutical patents; competitor filings can lead to litigations or license negotiations.
  • Innovation Opportunities: Developing new derivatives that do not infringe the ‘630 claims and filing related patents can extend exclusivity.
  • Regulatory Landscape: Patent exclusivity in the US extends up to 20 years from the filing date, with potential extensions through patent term adjustments.

Key Takeaways

  • U.S. Patent 8,187,630 captures a broad class of heterocyclic compounds for psychiatric drug development, with claims covering chemical compositions and treatment methods.
  • The patent’s strength materializes from detailed structural claims and therapeutic applications, but future challenges may stem from prior art or obviousness issues.
  • The competitive landscape features several similar patents, requiring careful clearance and strategic filing to maintain market advantage.
  • Ongoing innovations in heterocyclic chemistry and formulation techniques indicate a crowded field necessitating continuous R&D investment.
  • Licensing, patent life management, and regulatory approval dictate commercial success, emphasizing integrated legal, scientific, and business strategies.

Frequently Asked Questions (FAQs)

1. How does Patent 8,187,630 compare with other heterocyclic pharmaceutical patents?
It offers a relatively broad scope over specific heterocyclic derivatives and their use in psychiatric treatments, but certain claims are narrower than some competitors’ patents, which may focus on different core structures or indications.

2. What are the primary risks of patent infringement associated with this patent?
Potential infringement risks arise from overlapping chemical structures claimed in other patents in the heterocyclic space or similar therapeutic claims. Competitors may challenge validity based on prior art or file multiple continuation applications to circumvent the patent.

3. Can Pfizer extend the patent life beyond 20 years?
Yes, through patent term adjustments (PTA) and supplementary protection certificates (SPC), Pfizer can extend protection, especially if regulatory approval processes cause delays.

4. Are method-of-use claims enforceable against generic manufacturers?
Yes, provided they are valid and not invalidated by prior art, method claims can restrict generic entry for specific therapeutic indications.

5. How might future innovations impact the validity of this patent?
Advances in heterocyclic chemistry, alternative formulations, or discovery of prior art disclosures could lead to legal challenges, potentially invalidating some claims or prompting the filing of new patents to capture improvements.


References

  1. U.S. Patent and Trademark Office. “Patent Full-Text and Image Database,” US 8,187,630 B2, May 29, 2012.
  2. Pfizer Inc. “Official Patent Filing Documents,” Application No. 12/592,123, Filed July 21, 2009.
  3. Existing literature on heterocyclic chemical compound patent landscapes, recent judicial challenges, and regulatory data from FDA and EPO sources.

This analysis is meant for business and legal strategic planning, not as legal advice. For specific legal or patent counsel, consult a qualified patent attorney.

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Drugs Protected by US Patent 8,187,630

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>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 8,187,630

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1110543 ⤷  Start Trial 91403 Luxembourg ⤷  Start Trial
European Patent Office 1110543 ⤷  Start Trial CA 2008 00010 Denmark ⤷  Start Trial
European Patent Office 1110543 ⤷  Start Trial 300328 Netherlands ⤷  Start Trial
European Patent Office 1110543 ⤷  Start Trial SPC063/2007 Ireland ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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