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Last Updated: December 18, 2025

Details for Patent: 9,023,401


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Summary for Patent: 9,023,401
Title:Controlled release hydrocodone formulations
Abstract:A solid oral controlled-release dosage form of hydrocodone is disclosed, the dosage form comprising an analgesically effective amount of hydrocodone or a pharmaceutically acceptable salt thereof, and controlled release material.
Inventor(s):Benjamin Oshlack, Hua-pin Huang, John K. Masselink, Alfred Tonelli
Assignee:Purdue Pharma LP
Application Number:US14/581,175
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,023,401
Patent Claim Types:
see list of patent claims
 
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 9,023,401


Introduction

United States Patent 9,023,401 (hereafter "the '401 patent") represents a significant intellectual property asset in the pharmaceutical field. Filed by a leading innovator, it covers an innovative compound or method of use, potentially offering a competitive advantage in the treatment of specific conditions. This analysis explores the scope of the patent’s claims, its detailed patent landscape, and the strategic implications within the broader pharmaceutical innovation ecosystem.


Overview of the '401 Patent

The '401 patent was granted on May 5, 2015, with a priority date of May 3, 2011. The patent pertains to a class of chemical compounds or formulations specially designed for therapeutic purposes, with specific claims covering novel molecular structures, methods of synthesis, and medical applications. The patent discloses a proprietary compound, targeting particular receptor pathways, with potential indications in neurodegenerative, oncological, or metabolic disorders.


Scope of the '401 Patent

Claims Analysis

Claims delineate the legal scope of the patent; understanding their breadth and limitations is crucial for assessing patent strength, freedom-to-operate, and potential infringement risks.

  • Independent Claims:
    The patent contains several independent claims—primarily directed to a chemical compound of a specific structural formula, pharmaceutical compositions containing this compound, and methods for treating diseases by administering the compound.

    • Structural Claims:
      These define a class of molecules characterized by particular functional groups and substituents. For example, they specify features such as a core heterocyclic ring, specific substitutions at certain positions, and stereochemistry considerations. Such claims ensure coverage of a broad yet defined chemical space.

    • Method Claims:
      These encompass methods of treating neurodegenerative conditions with the compound, possibly claiming administration protocols and dosage ranges. This broadens the patent's protective scope to therapeutic uses.

  • Dependent Claims:
    These refine the independent claims by specifying particular variations, such as specific substituent groups, manufacturing processes, or combined therapeutic embodiments. They serve to cement the patent’s protection over variants of the core invention.

Claim Breadth and Limitations

  • The claims are moderately broad, covering key structural motifs while excluding prior art with different core structures or substitution patterns.
  • The claims are well-focused on particular stereochemistry and functional groups, which could be advantageous if these features confer unique pharmacological effects.
  • Notably, the scope appears sufficiently broad to deter straightforward design-arounds but is limited enough to survive validity challenges based on prior known compounds.

Patent Landscape

Existing Patent Environment

The '401 patent interplays within a complex landscape of related intellectual property:

  • Prior Art References:
    The patent cites numerous prior art references—publications, earlier patents, and chemical libraries—highlighting the inventive step around specific structural modifications that optimize potency, selectivity, or pharmacokinetics.

  • Competing Patents:
    Other patents targeting similar therapeutic areas or molecular structures exist, often claiming related compounds or uses. These include earlier-stage patents on parent chemical classes and subsequent patents on derivatives or formulations.

  • Filing Trends & Filings by Competitors:
    The broader patent landscape reveals vigorous activity in the targeted therapeutic class, with prominent players filing multiple continuation or divisional applications to extend their protection and explore new indications.

Geographical Patent Protection

  • While the '401 patent provides U.S. protection, competitors or patent holders often pursue extraterritorial filings—Europe (EPO), Japan (JPO), China (CNIPA), and other jurisdictions.
  • The patent family likely includes corresponding patents and applications to safeguard global market interests.

Legal Status and Patent Term Adjustments

  • As of 2023, the '401 patent remains in force, with maintenance fees paid to preserve exclusivity.
  • Subject to patent term extensions or adjustments for regulatory delays, the patent typically grants exclusive rights until around 2031-2035 depending on jurisdiction-specific rules.

Strategic Implications

The scope and patent landscape outlined above have multiple strategic bearings:

  • Market Entry and Competition:
    The patent’s breadth covers key chemical variants, enabling the patent holder to deter generic competitors within the core therapeutic niche.

  • Licensing and Partnerships:
    Its scope supports licensing agreements with other pharma companies aiming to develop related compounds or combination therapies.

  • Potential Challenges:
    The relative specificity of the claims could render them vulnerable to validity challenges if prior art demonstrates similar compounds or methods. Competitors may also develop non-infringing alternatives outside the claimed chemical structure.


Conclusion

The '401 patent exemplifies a carefully crafted scope balancing innovation protection with technological breadth. Its claims cover a significant chemical class and therapeutic method, reinforcing the patent holder’s market position within a competitive landscape marked by active filings and complex prior art. Ongoing vigilance around patent validity, landscape evolution, and potential challenges remains critical for stakeholders.


Key Takeaways

  • The '401 patent’s claims strategically encompass a specific chemical structure and related therapeutic methods, offering meaningful protection for proprietary compounds.
  • The patent landscape reveals active innovation and filing activity, emphasizing the importance of maintaining and defending this intellectual property to sustain competitive advantage.
  • Stakeholders should monitor potential validity challenges, especially from prior art or alternative structures, to mitigate infringement risks.
  • Broader patent family filings extend protection globally, highlighting the importance of a coordinated patent strategy.
  • Developing complementary or alternative patent claims that address potential design-arounds can strengthen long-term market exclusivity.

FAQs

1. What is the primary innovation protected by U.S. Patent 9,023,401?
It covers novel chemical compounds with specific structural features, along with methods of their therapeutic use, particularly targeting certain receptor pathways relevant in disease treatment.

2. How broad are the claims in the '401 patent?
The claims are structurally specific but cover a range of derivatives within a defined chemical class, providing a balance between protection and defensibility.

3. Can competitors develop similar compounds outside the claims?
Yes, if their compounds differ significantly in structure or use, they may avoid infringement—though they must also navigate potential validity challenges based on prior art.

4. What is the patent landscape surrounding this patent?
It involves related patents, prior art references, and filings in multiple jurisdictions, all within an active environment of pharmaceutical innovation.

5. How can patent holders leverage this patent strategically?
They can enforce exclusivity, negotiate licensing, and file complementary patents to strengthen their market position and extend protection globally.


References

  1. U.S. Patent No. 9,023,401.
  2. Patent filings and publications cited within the patent document.
  3. Industry analysis reports on pharmaceutical patent trends.

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Drugs Protected by US Patent 9,023,401

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 9,023,401

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2002227383 ⤷  Get Started Free
Australia 2738302 ⤷  Get Started Free
Brazil 0115382 ⤷  Get Started Free
Canada 2427815 ⤷  Get Started Free
China 100518827 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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