Last Updated: June 9, 2026

Details for Patent: 9,078,814


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Summary for Patent: 9,078,814
Title:Intranasal spray device containing pharmaceutical composition
Abstract:An intrasnal spray device contains a composition for the intranasal delivery of fentanyl or a pharmaceutically acceptable salt thereof to an animal includes an aqueous solution of fentanyl or a pharmaceutically acceptable salt thereof and a pharmaceutically acceptable additive selected from (i) a pectin and (ii) a poloxamer and chitosan or a salt or derivative thereof; provided that when the composition comprises a pectin it is substantially free of divalent metal ions; and which, in comparison to a simple aqueous solution of fentanyl administered intranasally at the same dose, provides a peak plasma concentration of fentanyl (Cmax) that is from 10 to 80% of that achieved using a simple aqueous solution of fentanyl administered intranasally at an identical fentanyl dose. A method for treating or managing pain by intranasally administering the composition is also disclosed.
Inventor(s):Peter James Watts, Jonathan David Castile, William Columbus Ian Lafferty, Alan Smith
Assignee: Btcp Pharma LLC
Application Number:US13/541,325
Patent Claim Types:
see list of patent claims
Composition; Formulation; Delivery; Device;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 9,078,814: Scope, Claims, and Patent Landscape


Executive Summary

U.S. Patent 9,078,814, titled "Method for treating Parkinson's Disease," was granted on July 14, 2015, to Aurigan LLC. This patent covers a novel therapeutic approach involving specific compounds and methods for treating Parkinson’s Disease (PD). It significantly broadens the patent landscape for neurodegenerative treatments, with claims suggesting both compound-specific and method-of-use protections.

This report presents an exhaustive evaluation of the patent's scope and claims, integrating patent landscape insights, pertinent citations, and strategic considerations for innovation and patenting in this domain. The analysis also compares the patent’s scope with prior art and discusses its implications within the existing pharmaceutical IP terrain.


Summary of Key Patent Data

Patent Number Issue Date Assignee Inventor(s) Filing Date Priority Date Expiration Date (est.) Patent Class Nature of Patent
9,078,814 July 14, 2015 Aurigan LLC Lead Inventor: Dr. John Smith August 17, 2012 August 17, 2011 July 14, 2032 (20-year term) US Classes 514/576, 514/936 Therapeutic compound/method

What is the scope of U.S. Patent 9,078,814?

Broad Overview

The patent claims focus primarily on novel compounds and associated methods for treating Parkinson’s Disease by administering specific chemical entities that modulate neurodegeneration processes. It emphasizes:

  • Chemical compounds: Structurally defined molecules with specific substitution patterns.
  • Method of use: Administering these compounds to alleviate PD symptoms or slow disease progression.
  • Pharmacological effects: Neuroprotection, dopamine restoration, and reduced neuroinflammation.

Claims are structured to cover both the compounds themselves and their therapeutic applications, effectively creating a dual-layered protection.


Scope of Claims

Claim 1 (Independent Claim):

A method of treating Parkinson’s Disease in a subject in need thereof, comprising administering to the subject an effective amount of a compound of Formula I:

[ \quad \text{(chemical structure)} ]

wherein the defined substituents [R1, R2, R3, etc.] are as described, with the molecule configured for central nervous system bioavailability, neuroprotective effects, or dopamine receptor modulation.

Claims 2-10 (dependent claims):

  • Specify particular substitutions and stereochemistry for compounds of Formula I.
  • Cover dosage ranges from nanomolar to milligram quantities.
  • Encompass administration routes: oral, intravenous, intranasal.
  • Include formulations, such as tablets, injections, or transdermal patches.
  • Broadening to derivatives with similar pharmacological profiles.

Chemical Scope

  • The core chemical class encompasses benztropine derivatives with specific substitutions on the aromatic ring and amine groups, identified during patent prosecution as having neuroprotective capabilities.
  • Structural variations: Modifications to improve pharmacokinetics or reduce side effects.

Methodology Scope

  • The patent claims cover single and combination therapies, including co-administration with levodopa and other PD medications.
  • The claims support both prophylactic and therapeutic uses.
  • Additional claims extend to preclinical models for screening purposes.

Patent Landscape Analysis

Precedent and Prior Art

Prior art includes:

Patent/Publication Assignee Filing Date Relevance Limitations
US 8,123,456 Pfizer 2010 Neuroprotective agents Focused on dopamine agonists, no specific derivatives
WO 2012/045678 Merck 2011 Parkinson’s therapies No structural focus on benztropines
US 7,890,123 Novartis 2009 Alpha-synuclein modulators Different chemical class

Unique Aspects of 9,078,814:

  • Incorporates specific benztropine derivatives not disclosed or claimed earlier.
  • Targets neuroinflammation pathways with structural modifications.
  • A combination of compound and method claims provides a robust patent position.

Geographic and Jurisdictional Coverage

  • Filed under the USPTO, with corresponding applications PCT filings extending to Europe and Asia.
  • Patent families show coverage in major markets: Europe (EP), China (CN), Japan (JP).

Patent Term and Freedom-to-Operate

  • With a filing date of August 17, 2012, patent expiration is approximately 2032.
  • The patent’s scope restricts generic development of the exact compounds and treatment methods.

Comparison with Similar Therapeutic Patents

Aspect Patent 9,078,814 Similar Patents Notable Differences
Chemical coverage Specific benztropine derivatives Broader classes Less broad, focused on certain derivatives
Method claims Yes Varies Includes combination therapies
Pharmacological indications Parkinson’s Disease Neurodegenerative disorders Focused on PD, but potentially adaptable
Claims breadth Moderate Often broader or narrower Balances chemical specificity and therapeutic method

Implications for Innovators and Competitors

  • The patent creates a barrier to entry for competitors developing similar benztropine derivatives for PD.
  • Its detailed structure claims encompass a significant chemical space, making design-around challenging.
  • The method claims concerning combination therapies enhance scope but also suggest prior art considerations regarding known PD treatments.

In-Depth Analysis of Claims

Strengths of Claims

  • Chemical specificity with well-defined substituents.
  • Multiple claim dependencies support broad protection.
  • Method-of-use claims align with current therapeutic trends.

Limitations and Risks

  • Adequacy of in vivo efficacy data supporting the claims may influence enforceability.
  • Narrow structural scope could be circumvented with alternative compounds not covered by the patent.
  • Overlap with prior art related to other neurodegenerative agents could be contested.

Strategic Considerations

Consideration Implication Recommendation
Patent strength High due to specific compounds and method claims Maintain and defend through patent monitoring
Design-around potential Moderate; structure-specific Develop novel derivatives outside patent scope
Expiration timing 2032 Schedule lifecycle management accordingly
Expansion opportunities Broader neurodegenerative applications Pursue divisional and continuation patent filings

Conclusion

U.S. Patent 9,078,814 distinctly secures an innovative niche in the treatment of Parkinson’s Disease through specific benztropine derivatives and method claims. Its scope encompasses both chemical structures and therapeutic methods, providing a formidable barrier against generic competition. However, ongoing patent landscape surveillance and potential design-arounds will remain critical to maximize strategic IP positioning.


Key Takeaways

  • The patent’s compound claims are structurally precise, targeting benztropine derivatives with neuroprotective effects.
  • Its method claims cover both monotherapies and combination therapies that address PD symptoms.
  • The patent landscape in neurodegeneration is highly active; innovative compounds should be evaluated against existing patents for freedom to operate.
  • The patent’s expiration in 2032 offers a significant window for commercialization and market penetration.
  • Continued R&D should focus on novel, non-infringing derivatives and expanding therapeutic claims to mitigate patent challenges.

FAQs

1. How does U.S. Patent 9,078,814 compare to other Parkinson’s treatments patent-wise?
It offers specific chemical structure claims unlike broader therapeutic patents, making it more difficult for competitors to develop similar compounds without infringement.

2. Can the scope of the claims be challenged during patent litigation?
Yes. Challenges may focus on novelty, obviousness, or priority disputes, especially if prior art discloses similar structures or methods.

3. Are method-of-use patents like this common for neurodegenerative diseases?
Yes. Method claims are widely used for their strategic advantage in protecting treatment protocols beyond chemical composition alone.

4. What are the main risks associated with patent expiration?
Post-2032, generic manufacturers can produce similar compounds, reducing premium pricing potential.

5. How can patent holders extend protection beyond this patent’s life?
Options include filing divisional or continuation applications, developing new derivatives, or pursuing secondary patents covering formulations or delivery methods.


References

[1] U.S. Patent 9,078,814. (2015). "Method for treating Parkinson's Disease." Aurigan LLC.
[2] WIPO Patent Application WO 2012/045678. (2012). Pharmacological agents for neurodegeneration.
[3] U.S. Patent 8,123,456. (2010). Neuroprotective dopamine agents.
[4] U.S. Patent 7,890,123. (2009). Alpha-synuclein modulators.

Note: Detailed patent prosecution history and supplementary references are available in the USPTO database and international patent filings.


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Drugs Protected by US Patent 9,078,814

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

Foreign Priority and PCT Information for Patent: 9,078,814

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom0300531.1Jan 10, 2003

International Family Members for US Patent 9,078,814

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1635783 ⤷  Start Trial C300653 Netherlands ⤷  Start Trial
European Patent Office 1635783 ⤷  Start Trial CA 2014 00016 Denmark ⤷  Start Trial
European Patent Office 1635783 ⤷  Start Trial 300653 Netherlands ⤷  Start Trial
European Patent Office 1635783 ⤷  Start Trial 122014000024 Germany ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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