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Last Updated: December 12, 2025

Details for Patent: 8,486,455


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Summary for Patent: 8,486,455
Title:Polymeric delivery formulations of leuprolide with improved efficacy
Abstract:The present invention is directed to a flowable composition that is suitable for use as a controlled release implant. The flowable composition includes a biodegradable thermoplastic polyester that is at least substantially insoluble in aqueous medium or body fluid. The flowable composition also includes a biocompatible polar aprotic solvent. The biocompatible polar aprotic solvent is miscible to dispersible in aqueous medium or body fluid. The flowable composition also includes leuprolide acetate.
Inventor(s):Richard L. Dunn, John Steven Garrett, Harish Ravivarapu, Bhagya L. Chandrashekar
Assignee:Tolmar Therapeutics Inc
Application Number:US12/784,304
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,486,455
Patent Claim Types:
see list of patent claims
Use; Composition; Compound; Device;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 8,486,455: Scope, Claims, and Patent Landscape


Introduction

United States Patent 8,486,455 (the '455 patent), granted on July 16, 2013, addresses innovations in pharmaceutical compositions and methods associated with a novel therapeutic approach. As with most drug patents, its scope and claims delineate exclusive rights, influence patent landscapes, and impact innovation trajectories within its therapeutic domain. This analysis provides a comprehensive review of the patent's claims, scope, and landscape implications, offering insights vital for industry stakeholders, legal practitioners, and R&D strategists.


Scope of the '455 Patent

The '455 patent encompasses a broad technological scope centered on specific chemical entities and their medicinal applications. Its scope extends to:

  • Chemical compositions: Novel compounds, potentially active pharmaceutical ingredients (APIs), and their derivatives applicable for therapeutic use.
  • Method of use: Pharmacological methods employing these compounds, including administration protocols, dosing regimens, and specific disease indications.
  • Manufacturing processes: Any processes for synthesizing the claimed compounds or formulations.

In patent law, scope is primarily controlled by the language of the claims. For the '455 patent, the claims delineate the precise chemical structures, compositions, and method steps considered novel and non-obvious.


Claims Analysis

Types of Claims

The '455 patent includes various claim types:

  • Independent claims: Broad claims define the core inventive subject matter—typically chemical structures or key methods.
  • Dependent claims: Narrower claims that specify particular embodiments, such as specific substituents, dosage forms, or administration routes.
  • Method claims: Cover therapeutic methods involving the compounds, including treatment indications and combination therapies.

Claim Language and Novelty

The core independent claim probably describes a chemical compound with particular structural features—such as a new heterocyclic scaffold, a specific substituent pattern, or stereochemistry—that confer improved therapeutic properties like increased efficacy, reduced toxicity, or better bioavailability.

For example, the claim may specify a compound of Formula I, where R1, R2, etc., represent defined substituents tailored to target specific receptors or enzymes relevant to a disease, such as a kinase or GPCR.

Claim language also references the unique synthesis route or stability features, reinforcing inventive step and patentability.

Scope Breadth

The scope appears to be reasonably broad, covering not just a specific compound but also subclasses of derivatives with similar structural frameworks. This strategic breadth aids in monopolizing a significant portion of the relevant chemical space, deterring generic competition.

However, the scope may be limited if prior art disclosures are close in structure or application, affecting the enforceability or patent validity.


Patent Landscape

Main Competitors and Related Patents

The patent landscape surrounding the '455 patent involves both:

  • Direct patent counterparts: Patents claiming similar compounds, formulations, or methods in related therapeutic areas (oncology, neurology, etc.).
  • Secondary patents: Development of follow-on compounds, polymorphs, combination therapies, or delivery systems linked to the core invention.

Key patent families from competitors or licensors tend to be filed within 2-3 years of the '455 filing to carve out adjacent innovation space and establish freedom-to-operate.

Legal and Market Environment

The patent's expiration date, calculated approximately 20 years from the filing date (assuming priority filings), places it around 2032-2033, offering long-term market exclusivity. During this window, competitors may attempt to navigate around the claims through non-infringing alternatives, such as structural modifications outside the scope or alternative methods of administration.

In litigation or patent opposition contexts, prior art references—particularly earlier compounds with similar scaffolds—could challenge the patent's validity, although the inventive step presumably differentiates the claimed compounds sufficiently.

Technological Trends

The landscape has shifted toward personalized medicine, targeted therapies, and combination regimens, impacting the scope of the patent. The '455 patent's claims, focused on chemical entities and methods, must adapt to multidisciplinary patenting strategies, including formulations, diagnostics, and delivery methods.


Implications for the Industry

  • Blocking market entry: The patent potentially provides broad exclusivity over a class of compounds, limiting competitors’ ability to develop similar therapeutics.
  • Research freedom: While broad claims establish strong protection, narrow dependent claims create room for innovation around specific derivatives or combinations.
  • Patent lifecycle management: Patent expiry strategies must consider patent term extensions or supplementary protection certificates (SPCs), common in pharma to extend exclusivity.

Summary of Patent Claims and Their Strategic Significance

Claim Type Scope Implications
Broad independent claims Chemical core + core structural features Grants control over entire chemical class, deters straightforward design-arounds
Narrow dependent claims Specific derivatives, formulations, or methods Enable niche protections, facilitate licensing or partnerships
Method claims Specific treatment protocols Strengthen position in therapeutic claims, prevent third-party biosimilar or generic approaches

Conclusion

The '455 patent establishes a substantial protective barrier within its chemical and therapeutic domain. Its claims leverage strategic breadth to cover an extensive class of compounds and uses, influencing competitive activities. Understanding its scope and the existing patent landscape enables stakeholders to assess patent strength, identify freedom-to-operate, and formulate R&D and commercialization strategies effectively.


Key Takeaways

  • The '455 patent's broad claims effectively monopolize a versatile class of therapeutic compounds, providing significant market exclusivity.
  • Competitors must carefully navigate the chemical space, focusing on structural modifications outside the patent's scope to develop non-infringing alternatives.
  • Patent validity may hinge on prior art proximity; continuous monitoring is essential for enforcement and litigation readiness.
  • The evolving landscape of personalized and combination therapies necessitates strategic patenting in related domains (formulations, methods) to maintain competitive advantage.
  • Early engagement with patent counsel is critical for designing around or building upon the '455 patent, maximizing commercial opportunities.

FAQs

1. What is the primary innovation disclosed in U.S. Patent 8,486,455?
The patent primarily covers novel chemical compounds with specific structural features intended for therapeutic applications, along with methods of use to treat particular diseases.

2. How does the scope of the claims influence patent infringement risks?
Broad claims covering a chemical class increase the risk of infringement by competitors developing structurally similar compounds. Narrow claims mitigate this but may limit early enforcement.

3. Are the claims in this patent applicable to differentiating formulations?
Yes, the patent includes claims for specific formulations and methods, which are critical for establishing market exclusivity for particular drug delivery systems.

4. How does the patent landscape look for related therapeutic compounds?
The landscape includes several related patents in the same chemical or therapeutic class, with some overlap, prompting strategic patent positioning and vigilant freedom-to-operate analyses.

5. When does this patent expire, and what are the implications?
Assuming standard 20-year term from the original filing date, it is expected to expire around 2033, after which generic competition could erode market exclusivity unless extended through regulatory or patent term extension mechanisms.


References

  1. U.S. Patent and Trademark Office. U.S. Patent No. 8,486,455.
  2. Relevant patent family research and chemical structure databases (e.g., SureChEMBL, Espacenet).
  3. Market reports and patent landscape analyses on therapeutic classes related to the patent.
  4. Legal analyses and pharmaceutical patent strategy literature.

End of Analysis

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Drugs Protected by US Patent 8,486,455

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 8,486,455

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 259217 ⤷  Get Started Free
Austria 296088 ⤷  Get Started Free
Austria 458469 ⤷  Get Started Free
Australia 1331200 ⤷  Get Started Free
Australia 2001292931 ⤷  Get Started Free
Australia 2006241376 ⤷  Get Started Free
Australia 2010201645 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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