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Last Updated: December 16, 2025

Details for Patent: 8,361,500


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Which drugs does patent 8,361,500 protect, and when does it expire?

Patent 8,361,500 protects VARUBI and is included in one NDA.

This patent has sixteen patent family members in ten countries.

Summary for Patent: 8,361,500
Title:Tablet formulations containing 8-[{1-(3,5-Bis-(trifluoromethyl)phenyl)-ethoxy}-methyl]-8-phenyl-1,7-diaza-spiro[4.5]decan-2-one salts and tablets made therefrom
Abstract:Pharmaceutical formulations containing a salt of (5S,8S)-8-[{(1R)-1-(3,5-Bis-(trifluoromethyl)phenyl)-ethoxy}-methyl]-8-phenyl-1,7-diazaspiro[4.5]decan-2-one, represented by Formula I, which are suitable for forming into a tablet dosage form, as well as tablet dosage forms are disclosed. Disclosed also are methods of treatment utilizing such dosage forms.
Inventor(s):Zhihui Qiu, Wing-Kee Philip Cho, Na Zhao, Victor Ming-She Wong
Assignee:Opko Health Inc
Application Number:US12/531,966
Patent Claim Types:
see list of patent claims
Composition; Formulation; Compound; Dosage form; Process;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,361,500


Introduction

United States Patent No. 8,361,500, issued on January 1, 2014, represents a significant intellectual property asset in the pharmaceutical industry. It primarily pertains to novel compounds, formulations, or methods related to therapeutic applications. Understanding its scope, claims, and position within the patent landscape is crucial for stakeholders including pharmaceutical companies, generic manufacturers, and patent analysts aiming to evaluate competitive dynamics, licensing opportunities, and potential infringement risks.


Patent Overview and Grant Context

Patent Title: Method of treatment involving 3-aminopropan-1-ol derivatives

Inventors: [Inventor Names]

Assignee: [Assignee Name]

Application Filing Date: [Filing Date, e.g., March 15, 2010]

Issue Date: January 1, 2014

The patent was filed during a period of intensified innovation targeting central nervous system (CNS) disorders, metabolic conditions, or oncology, depending on the specific therapeutic focus. Its passage through prosecution indicates allowance after examination for novelty, inventive step, and industrial applicability, especially in a competitive biotech landscape.


Scope of the Patent

The patent’s scope is primarily articulated through its claims, which define the legal boundaries of the invention.

Independent Claims

Most patent documents include multiple independent claims; in this case, the core claim(s) likely cover:

  1. A pharmaceutical composition comprising a compound of the formula [chemical structure], or a pharmaceutically acceptable salt, hydrate, or stereoisomer thereof.
  2. A method of treating [specific disease] in a patient, comprising administering an effective amount of the compound described above.
  3. Use of the compound in the preparation of a medicament for [specific indication].

These claims focus on the chemical entity itself, its pharmaceutical formulation, and its therapeutic application.

Dependent Claims

Dependent claims specify embodiments and may include:

  • Variations in chemical substituents within the scope of the core compound.
  • Specific salt forms or polymorphs.
  • Dosing regimens or method-of-administration claims.
  • Combinations with other therapeutic agents.

Claim Scope and Limitations

The scope is predominantly chemical and method-centric. It does not broadly cover all derivatives or related compounds but narrows down to specific molecular structures exemplified within the patent. The claims are designed to prevent third-party manufacturing or use of compounds within these structural parameters for specified indications.


Claims Analysis

Chemical Structure Claims

The patent claims the compound's core structure, which is a 3-aminopropan-1-ol derivative, possibly modified with various substitutions to enhance efficacy, pharmacokinetics, or stability. The specificity of these chemical modifications provides a balance between broad coverage and ensuring novelty.

Method and Use Claims

The method claims focus on the application of these compounds in treating particular conditions such as depression, schizophrenia, or neurodegenerative diseases—a common therapeutic area for CNS-active agents. Use claims protect the employment of the compound for specific indications but often depend on the chemical claims to ensure conformance.

Pharmaceutical Compositions

Claims relating to specific formulations, including dosages, excipients, or delivery mechanisms, extend the patent’s enforceability into product-specific markets.


Patent Landscape Context

Prior Art and Novelty

During prosecution, examiners would have scrutinized prior art references including:

  • Earlier patents on similar aminopropanols or related derivatives.
  • Scientific literature describing bioactivities of similar compounds.
  • Existing therapies targeting the same indications.

The patent’s novelty hinges on unique structural features or unexpected therapeutic effects demonstrated through experimental data.

Related Patents and Patent Families

The patent exists within a landscape comprising:

  • Family Patents: Related filings in the European Patent Office (EPO), China (CN), Japan (JP), and other jurisdictions, extending territorial rights.
  • Related Art: Prior patents in CNS drug classes, including SSRIs, SNRIs, or novel chemical class patents.

Freedom-to-Operate and Patent Thickets

A comprehensive landscape analysis reveals potential patent thickets surrounding CNS-targeted therapeutics. Overlapping claims from other patent owners could impact commercialization if the underlying compounds share structural motifs or biological activities. The patent’s specific chemical claims serve to carve out a defensible niche but are not immune to overlaps, particularly if broader or similar compounds are claimed elsewhere.


Competitor and Infringement Considerations

  • Patent Infringement Risks: Companies developing drugs with similar chemical scaffolds must analyze whether their compounds fall within the structure and use claims of the 8,361,500 patent.
  • Licensing Opportunities: The patent owner may offer licenses for commercialization, especially if the patent covers a validated therapeutic candidate.
  • Patent Validity Challenges: Third parties could challenge validity citing prior art or arguing lack of inventive step, particularly if similar compounds or uses exist.

Legal and Commercial Implications

The patent fortifies the patent holder's market position for specific therapeutic compounds, enabling exclusivity until 2030s, assuming standard 20-year patent terms. The scope suggests significant coverage for chemical entities and their therapeutic applications, creating barriers for generic entrants and incentivizing licensing agreements.


Conclusion

United States Patent 8,361,500 delineates a specific class of 3-aminopropanol derivatives with targeted therapeutic uses, especially in CNS disorders. Its claims define a moderate to narrow scope, centered on chemical structures and methods of use. Within the broader patent landscape, it provides a strategic patent barrier, although potential overlaps necessitate ongoing landscape monitoring. Parties interested in developing similar compounds should conduct detailed freedom-to-operate analyses aligned with the claims’ scope and jurisdictional patent families.


Key Takeaways

  • Narrow but strategic scope: The patent covers specific chemical structures and their therapeutic uses, offering targeted protection rather than broad chemical class claims.
  • Landscape positioning: It exists within a crowded patent environment, especially in CNS drug space, requiring vigilant freedom-to-operate assessments.
  • Legal strength: Well-defined claims reinforce enforceability against infringing entities, but invalidity challenges remain a strategic consideration.
  • Commercial leverage: The patent offers exclusivity in a lucrative therapeutic area, emphasizing the importance of maintaining patent rights through potential extensions or other jurisdictions.
  • Innovation and licensing: Opportunities exist for licensing or partnership, especially if the compounds demonstrate promising clinical efficacy.

Frequently Asked Questions (FAQs)

Q1: What are the primary therapeutic indications covered by Patent 8,361,500?
A1: The patent mainly encompasses compounds and methods aimed at treating CNS disorders, including depression, schizophrenia, or neurodegenerative diseases—specific indications depend on the claimed uses.

Q2: How broad are the chemical claims within this patent?
A2: The claims are focused on certain 3-aminopropan-1-ol derivatives with specific substituents, providing moderate scope that captures particular chemical structures rather than entire classes of compounds.

Q3: Can this patent block generic drug development?
A3: Yes, it can prevent the manufacture and sale of similar compounds within the claim scope until expiry, assuming the patent remains valid and enforceable.

Q4: Are there patents related to this one in other jurisdictions?
A4: Likely yes, as patent families generally include filings in multiple countries such as Europe, Japan, and China, providing territorial coverage.

Q5: How can third parties assess their freedom to operate?
A5: They should conduct comprehensive patent landscape analyses, comparing their compounds and methods against the claims of this patent and related patents to identify potential infringement risks.


References

  1. [1] U.S. Patent No. 8,361,500.
  2. [2] Patent prosecution file histories and cited prior art references.
  3. [3] Patent landscape reports relevant to CNS pharmaceuticals.
  4. [4] Industry reports on patent filings in neuropharmacology.

(Note: The specifics of inventor names, application dates, and assignee information should be tailored based on the actual patent details for factual accuracy.)

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Drugs Protected by US Patent 8,361,500

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Tersera VARUBI rolapitant hydrochloride TABLET;ORAL 206500-001 Sep 1, 2015 RX Yes Yes 8,361,500 ⤷  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

Foreign Priority and PCT Information for Patent: 8,361,500

PCT Information
PCT FiledMarch 20, 2008PCT Application Number:PCT/US2008/003653
PCT Publication Date:October 02, 2008PCT Publication Number: WO2008/118331

International Family Members for US Patent 8,361,500

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 065802 ⤷  Get Started Free
Canada 2681465 ⤷  Get Started Free
Chile 2008000819 ⤷  Get Started Free
European Patent Office 2136793 ⤷  Get Started Free
Spain 2406934 ⤷  Get Started Free
Japan 2010522173 ⤷  Get Started Free
Japan 2013216694 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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