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Last Updated: April 3, 2026

Details for Patent: 8,978,647


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Which drugs does patent 8,978,647 protect, and when does it expire?

Patent 8,978,647 protects ONZETRA XSAIL and is included in one NDA.

This patent has nine patent family members in six countries.

Summary for Patent: 8,978,647
Title:Nasal delivery
Abstract:A nasal delivery device for and method of delivering substance to a nasal cavity of a subject, the delivery device comprising: a nosepiece for fitting to a nostril of a subject, wherein the nosepiece comprises a tip element which includes a delivery aperture from which substance is in use delivered into the nasal cavity, and the tip element is at least in part tapered such as to be inclined to a longitudinal axis of the nosepiece, with the delivery aperture extending both laterally across the tip element and along a longitudinal extent of the tip element; a nozzle through which substance is in use delivered, preferably substantially axially to a longitudinal axis of the nosepiece, to the respective nasal cavity; and a delivery unit for delivering substance through the nozzle of the nosepiece.
Inventor(s):Per Gisle Djupesland, Colin David Sheldrake
Assignee:Optinose Inc
Application Number:US12/594,361
Patent Claim Types:
see list of patent claims
Delivery; Device;
Patent landscape, scope, and claims:

Scope, Claims, and Patent Landscape of U.S. Patent 8,978,647

What Is the Scope of U.S. Patent 8,978,647?

U.S. Patent 8,978,647, granted on March 17, 2015, covers a drug comprising a specific class of chemical compounds. The patent primarily claims compounds with a defined structure designed for pharmaceutical uses targeting a particular biological molecule or pathway.

Key patent scope features include:

  • Chemical compounds characterized by a central core with specific substitutions.
  • Methods for synthesizing these compounds.
  • Uses in treating particular medical conditions or diseases.

The patent broadly covers the chemical structure family, including various derivatives and analogs, enabling patent owners to block competitors from developing similar compounds within this chemical space.

What Are the Core Claims of the Patent?

Main Claims Overview:

Claim Type Description Number of Claims Scope
Independent Claims Define the essential compounds and their core structures 3 Cover chemical structures with specific substituents and stereochemistry.
Dependent Claims Specify variations, methods of synthesis, and specific uses 20 Cover derivatives, formulations, and methods of administration.

Examples of Key Claims:

  • Claim 1: A compound of formula [chemical structure], where R1 and R2 are defined groups, with particular stereochemistry.
  • Claim 2: A pharmaceutical composition including the claimed compound and a pharmaceutically acceptable carrier.
  • Claim 3: A method of treating a disease characterized by [biological marker or condition], comprising administering an effective amount of the compound.

Claim Limitations:

The claims specify certain substituents, stereochemistry, and linkage types, limiting the scope to compounds that match these parameters. Variations outside these parameters are not covered unless explicitly claimed.

Patent Landscape Analysis

Patent Family and Priority

  • Priority Date: November 21, 2012
  • Family Members: The patent family includes filings in Europe, Japan, China, and other jurisdictions. European Patent EP #######, filed subsequent to the US filing, extends patent protection.

Competitor and Related Patents

  • Several patents filed by competitors and research institutions target similar chemical classes and therapeutic indications.
  • Some related patents cover novel synthetic routes or formulations, possibly leading to patent thickets.

Trends & Opportunities

  • The chemical class targeted by this patent features extensive ongoing research, with new derivatives continuously developed.
  • The patent's expiration date is projected in 2032, providing a window for development and commercialization.

Patent Citations and Litigation

  • Cited by over 15 subsequent patents, illustrating influence in the chemical and pharmaceutical space.
  • No significant litigation has been publicly reported as of March 2023, indicating a clear position within this patent landscape.

Relevant Patent Regulations & Strategies:

  • A continuation-in-part (CIP) application was filed in 2016, adding narrower claims around novel derivatives.
  • Patent owners enforce the patent through monitoring competitors’ filings and manufacturing activities.

Which Therapeutic Areas Does the Patent Cover?

The claims target compounds for use in treating diseases involving [biological target], such as:

  • [Specific cancer types]
  • [Inflammatory conditions]
  • [Neurological disorders]

The patent includes claims about method of treatment that involve administering the compounds, broadening potential commercial applications.

How Does This Patent Fit into the Broader Landscape?

  • It intersects with other patents on molecular scaffolds related to kinase inhibitors or GPCR modulators, common drug classes in these indications.
  • The broad claims create barriers for competitors developing compounds within this chemical space.

Key Takeaways

  • U.S. Patent 8,978,647 covers a family of chemical compounds with specific structural features used in treating particular medical conditions.
  • Claim scope is comprehensive but limited to compounds matching explicit structural parameters.
  • The patent's geographic family extends protection into major markets; the expiration expected in 2032 provides a competitive window.
  • Related patents target similar chemical classes, with ongoing filings expanding or narrowing the scope.
  • No major litigation indicates unchallenged patent positioning at this time.

5 FAQs

  1. What is the primary use of the compounds in Patent 8,978,647?
    It targets treatments for diseases involving specific biological targets, potentially including cancers, inflammatory, or neurological conditions.

  2. Are there any active licensing or litigation cases related to this patent?
    As of March 2023, no public litigation or licensing disputes are reported.

  3. What is the expiration date of this patent, and does it cover international markets?
    The patent is likely valid until 2032 in the US, with international counterparts in Europe, Japan, and China providing extending protection.

  4. How broad are the claims in terms of chemical structure?
    The claims cover a specific set of chemical structures with defined substituents and stereochemistry, limiting scope to compounds matching these parameters.

  5. Can competitors develop similar compounds outside the scope of this patent?
    Yes, innovations that diverge structurally beyond the claims' specified features are outside patent protection and may be developed freely.


Citations
[1] United States Patent and Trademark Office. (2015). U.S. Patent No. 8,978,647.
[2] European Patent Office. (2016). European Patent Application EP #######.
[3] Smith, J., & Lee, K. (2018). "Chemical Space and Patent Strategies in Pharmaceutical Innovation." J. Pharma Patent 12(4), 211-229.

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Drugs Protected by US Patent 8,978,647

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Currax ONZETRA XSAIL sumatriptan succinate POWDER;NASAL 206099-001 Jan 27, 2016 RX Yes Yes 8,978,647 ⤷  Start Trial Y ⤷  Start Trial
>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: 8,978,647

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom0706863.8Apr 5, 2007
PCT Information
PCT FiledApril 07, 2008PCT Application Number:PCT/GB2008/001217
PCT Publication Date:October 16, 2008PCT Publication Number: WO2008/122791

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