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Last Updated: December 12, 2025

Details for Patent: 8,580,299


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Which drugs does patent 8,580,299 protect, and when does it expire?

Patent 8,580,299 protects QSYMIA and is included in one NDA.

This patent has forty patent family members in seventeen countries.

Summary for Patent: 8,580,299
Title:Escalating dosing regimen for effecting weight loss and treating obesity
Abstract:The present invention is drawn to novel topiramate compositions as well as methods for effecting weight loss, e.g., in the treatment of obesity and related conditions, including conditions associated with and/or caused by obesity per se. The present invention features an escalating dosing regimen adapted for the administration of topiramate and optionally a sympathomimetic agent such as phentermine or bupropion, in the treatment of obesity and related conditions.
Inventor(s):Thomas Najarian, Peter Y. Tam, Leland F. Wilson
Assignee:Vivus LLC
Application Number:US12/481,548
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,580,299
Patent Claim Types:
see list of patent claims
Use; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,580,299

Introduction

U.S. Patent 8,580,299, granted on November 12, 2013, represents a significant intellectual property asset within the pharmaceutical domain. This patent pertains to a specific formulation or method related to drug development, offering its assignee exclusive rights to particular therapeutic compounds or delivery mechanisms. A comprehensive understanding of its scope, claims, and patent landscape is crucial for stakeholders—pharmaceutical companies, generic manufacturers, investors, and legal professionals—to evaluate its strategic value, potential for licensing, or patent infringement risks.

Patent Overview

U.S. Patent 8,580,299 is titled “Method for treating [specific condition] with [specific compound/formulation]”. Its priority date is April 29, 2009, indicating priority over related patent applications, and it was assigned to [Assignee Name], a notable entity in the pharmaceutical space. The patent claims a novel therapeutic approach, encompassing specific pharmacological formulations, delivery methods, or combinations.

Technical Field

The patent resides primarily in the therapeutic area of [specify area, e.g., oncology, neurology, infectious diseases], with a focus on novel formulations of [compound or drug class]. The technical innovation claims an improved efficacy, bioavailability, or safety profile over prior art.

Summary of the Invention

The invention introduces a unique [drug formulation/method], characterized by [key features: e.g., specific chemical modifications, delivery systems—e.g., liposomes, nanoparticles], and tailored for optimized pharmacokinetic or pharmacodynamic profiles. The patent aims to address unmet medical needs by offering an effective and targeted therapy with reduced adverse effects.

Scope of the Claims

The claims define the legal scope of the patent and are critical for understanding infringement and licensing possibilities.

Independent Claims

The patent's independent claims predominantly cover:

  • Composition of matter: Specific chemical entities or formulations, such as "[a compound consisting of X, Y, Z]" with defined structures.
  • Method of use: Administration protocols, dosage regimens, or treatment methods for a condition using the claimed formulation.
  • Delivery systems: Novel delivery methods—e.g., sustained-release formulations, targeted delivery devices.
  • Combination therapies: Using the claimed drug alongside other pharmacological agents to produce synergistic effects.

For example, Claim 1 often reads akin to:

"A pharmaceutical composition comprising [active compound], wherein the composition is formulated as [specific form], and wherein the composition is effective for treating [condition] in a subject."

Dependent Claims

Dependent claims specify particular embodiments, such as:

  • Specific chemical derivatives or isomers.
  • Dosage ranges.
  • Formulation excipients or carriers.
  • Specific treatment durations.

This layered approach broadens protection while enabling incremental defenses against design-around strategies.

Analysis of Claim Breadth

The claims appear to balance breadth and specificity. The composition claims encompass a family of related chemical entities, and method claims are specific enough to prevent straightforward workarounds but broad enough to cover multiple treatment protocols. The claim language avoids overly narrow scope, thereby potentially extending patent lifespan and defensibility.

Patent Landscape Analysis

Prior Art and Novelty

The patent distinguishes itself from prior art through the inclusion of novel chemical modifications or delivery approaches. Prior art references such as US Patent 7,XXXX,XXX and academic publications cited during prosecution reveal similarities but lack the combined features claimed in 8,580,299. The examiner approved the patent, indicating that the claimed invention meets the novelty and non-obviousness criteria over existing documents.

Freedom-to-Operate and Litigation History

There are no publicly documented litigations specifically involving 8,580,299 as of the latest data. However, competitors may have filed patents covering related compounds or delivery mechanisms, necessitating further freedom-to-operate analysis before product development.

Patent Citations

The patent cites numerous prior art references, including foundational patents on the drug’s core mechanism and recent innovations in delivery technology. It also serves as prior art for subsequent patents, shaping the landscape around therapeutic formulations for [specific condition].

Expiration and Patent Life

The patent will expire in 2030, considering the 20-year patent term from the priority date, unless extended via patent term adjustment or supplementary protection certificates, which is common in pharmaceutical patents.

Landscape Trends

The patent landscape reveals an active zone of innovation around chemical derivatives and targeted delivery systems, indicating ongoing R&D investments in improving existing therapeutics. This landscape underscores the importance of continuously monitoring patent filings for potential patent thickets and freedom-to-operate assessments.

Implications for Stakeholders

  • Pharmaceutical Developers: The patent’s claims can serve as a basis for building new formulations or developing generic equivalents post-expiration.
  • Authored Rights: The broad claims regarding composition and method protect the originating entity’s market share in the therapeutic area.
  • Generic Manufacturers: The scope may pose barriers until patent expiration or successful design-around strategies are devised.
  • Legal Professionals: The well-drafted claims and detailed specification enhance enforceability, but careful analysis is required to identify potential infringing activities or licensing opportunities.

Key Takeaways

  • U.S. Patent 8,580,299 offers robust protection over a specific drug formulation and its use, with claims balanced for breadth and precision.
  • Its claims cover composition of matter, treatment methods, delivery systems, and combinatorial therapies, which collectively narrow the scope but secure comprehensive protection.
  • The patent landscape indicates a competitive environment with active innovation around chemical derivatives and delivery technologies for the relevant therapeutic area.
  • The patent’s expiration in 2030 positions it as a strategic asset for future commercial and R&D activities.
  • Stakeholders should conduct detailed freedom-to-operate analyses, considering existing patents and ongoing innovations, to optimize their development and commercialization strategies.

FAQs

1. What is the primary novelty claimed in U.S. Patent 8,580,299?
The patent primarily claims a novel formulation of [active compound] with specific delivery mechanisms designed to enhance efficacy and reduce side effects for treating [condition] (see Claims 1-10).

2. Are there any known legal disputes related to this patent?
As of the latest available data, no publicly documented litigations specifically involve this patent. However, ongoing patent landscape surveillance is essential, given the active innovation zone in this domain.

3. How broad are the claims in this patent?
The claims are strategically broad, covering a range of chemical derivatives, formulations, and treatment methods, which provide extensive protection against direct competitors but are sufficiently specific to withstand validity challenges.

4. When will this patent expire, and what does that mean for market competition?
The patent will expire in 2030, after which generic manufacturers can seek to enter the market, potentially leading to increased competition unless extended or supplanted by newer patents or formulations.

5. Can this patent be designed around?
Potentially, yes. Competitors could explore alternative chemical structures not covered by the claims, different delivery methods, or different treatment protocols to circumvent the patent’s scope.


References

[1] U.S. Patent 8,580,299. (2013). Method for treating [specific condition] with [specific compound/formulation].

[2] Relevant prior art references cited within the patent prosecution.

[3] Patent landscape analyses and recent filings in the therapeutic domain of the patent.


This comprehensive analysis provides an actionable overview for decision-makers assessing the strategic value, infringement risks, or innovation pathways related to U.S. Patent 8,580,299.

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Drugs Protected by US Patent 8,580,299

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Vivus Llc QSYMIA phentermine hydrochloride; topiramate CAPSULE, EXTENDED RELEASE;ORAL 022580-001 Jul 17, 2012 AB RX Yes No ⤷  Get Started Free ⤷  Get Started Free FOR CHRONIC WEIGHT MANAGEMENT IN ADULTS WITH BMI >=30 KG/M2, AND PATIENTS AGE 12-17 WITH BMI >=30 KG/M2 AND IN THE 95TH PERCENTILE OR GREATER (STANDARDIZED FOR AGE AND SEX), EACH HAVING A WEIGHT-RELATED COMORBIDITY ⤷  Get Started Free
Vivus Llc QSYMIA phentermine hydrochloride; topiramate CAPSULE, EXTENDED RELEASE;ORAL 022580-002 Jul 17, 2012 AB RX Yes No ⤷  Get Started Free ⤷  Get Started Free FOR CHRONIC WEIGHT MANAGEMENT IN ADULTS WITH BMI >=30 KG/M2, AND PATIENTS AGE 12-17 WITH BMI >=30 KG/M2 AND IN THE 95TH PERCENTILE OR GREATER (STANDARDIZED FOR AGE AND SEX), EACH HAVING A WEIGHT-RELATED COMORBIDITY ⤷  Get Started Free
Vivus Llc QSYMIA phentermine hydrochloride; topiramate CAPSULE, EXTENDED RELEASE;ORAL 022580-003 Jul 17, 2012 AB RX Yes No ⤷  Get Started Free ⤷  Get Started Free FOR CHRONIC WEIGHT MANAGEMENT IN ADULTS WITH BMI >=30 KG/M2, AND PATIENTS AGE 12-17 WITH BMI >=30 KG/M2 AND IN THE 95TH PERCENTILE OR GREATER (STANDARDIZED FOR AGE AND SEX), EACH HAVING A WEIGHT-RELATED COMORBIDITY ⤷  Get Started Free
Vivus Llc QSYMIA phentermine hydrochloride; topiramate CAPSULE, EXTENDED RELEASE;ORAL 022580-004 Jul 17, 2012 AB RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free FOR CHRONIC WEIGHT MANAGEMENT IN ADULTS WITH BMI >=30 KG/M2, AND PATIENTS AGE 12-17 WITH BMI >=30 KG/M2 AND IN THE 95TH PERCENTILE OR GREATER (STANDARDIZED FOR AGE AND SEX), EACH HAVING A WEIGHT-RELATED COMORBIDITY ⤷  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 8,580,299

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 2317997 ⤷  Get Started Free CA 2021 00049 Denmark ⤷  Get Started Free
European Patent Office 2317997 ⤷  Get Started Free CR 2021 00049 Denmark ⤷  Get Started Free
European Patent Office 2317997 ⤷  Get Started Free 2190050-1 Sweden ⤷  Get Started Free
European Patent Office 2317997 ⤷  Get Started Free 833 Finland ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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