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Last Updated: March 26, 2026

Details for Patent: 9,173,851


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Which drugs does patent 9,173,851 protect, and when does it expire?

Patent 9,173,851 protects PROCYSBI and is included in two NDAs.

Protection for PROCYSBI has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has thirty-six patent family members in twenty-three countries.

Summary for Patent: 9,173,851
Title:Delayed release cysteamine bead formulation, and methods of making and using same
Abstract:An enteric-coated bead dosage form of cysteamine, and related methods of manufacture and use, are disclosed.
Inventor(s):Kathlene Powell, Ramesh Muttavarapu
Assignee:Horizon Orphan LLC
Application Number:US14/751,639
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,173,851
Patent Claim Types:
see list of patent claims
Composition; Dosage form; Formulation;
Patent landscape, scope, and claims:

Analysis of United States Drug Patent 9,173,851

United States Patent 9,173,851, granted on November 3, 2015, to Eli Lilly and Company, covers compounds and their use in treating type 2 diabetes. The patent focuses on glucagon-like peptide-1 (GLP-1) receptor agonists, specifically novel structural modifications aimed at improving pharmacokinetic profiles and therapeutic efficacy. This analysis examines the patent's scope, key claims, and the broader patent landscape surrounding this technology.

What is the Core Invention Protected by Patent 9,173,851?

The central innovation of U.S. Patent 9,173,851 lies in the composition of matter claims for specific substituted pyrazolyl-alkoxy-phenyl compounds. These compounds are designed to selectively activate the GLP-1 receptor, a key target for glucose-lowering therapies. The patent details a general formula (Formula I) and numerous exemplified compounds falling within this class.

The structure is characterized by:

  • A pyrazolyl moiety.
  • An alkoxy linker.
  • A phenyl ring substituted with specific groups, including an amide functionality.

The patent explicitly states these compounds are intended for use as pharmaceutical compositions and methods for treating or preventing type 2 diabetes mellitus. The novelty is presented in the specific arrangement and substitution patterns of these molecular components, leading to distinct pharmacological properties.

What Specific Compounds and Claims are Encompassed?

The patent's claims are structured to provide broad protection for the core chemical entities and their therapeutic applications.

Key Composition of Matter Claims

Claim 1 is the broadest composition of matter claim, covering compounds of Formula I:

  • Formula I: A compound of Formula I or a pharmaceutically acceptable salt thereof:
    • The formula defines specific structural elements and ranges for substituents (R1, R2, R3, R4, R5, R6, R7, R8, R9, R10). These substituents dictate the precise chemical structure and are crucial for defining the scope of protection. For instance, R1 is typically a substituted pyrazolyl ring, and R7 is often an amide group attached to the phenyl ring.

The patent includes numerous dependent claims that narrow the scope to specific embodiments by defining particular substituents for R1 through R10. For example, claims may specify particular heterocyclic rings for R1, or particular alkyl or aryl groups for other positions.

Method of Treatment Claims

Beyond the chemical compounds themselves, the patent also claims methods of treatment.

  • Method Claims: These claims cover the use of the compounds disclosed in the patent for the treatment of type 2 diabetes mellitus. This includes claims related to administering a therapeutically effective amount of the compound to a subject in need thereof.

Pharmaceutical Composition Claims

The patent also protects the formulation of these compounds into usable drugs.

  • Pharmaceutical Composition Claims: These claims cover pharmaceutical compositions comprising one or more of the patented compounds and a pharmaceutically acceptable carrier. This allows for protection of the final drug product.

The patent provides 48 exemplified compounds in Tables 1-4, further illustrating the breadth and specificity of the claimed chemical space. These examples represent specific embodiments of Formula I and are key to understanding the practical scope of protection.

What is the Therapeutic Mechanism of Action?

The compounds claimed in U.S. Patent 9,173,851 function as GLP-1 receptor agonists. GLP-1 is an incretin hormone secreted by the gut in response to food intake. It plays a critical role in glucose homeostasis by:

  1. Stimulating Insulin Secretion: GLP-1 binds to GLP-1 receptors on pancreatic beta cells, enhancing glucose-dependent insulin secretion. This means more insulin is released when blood glucose levels are high, and less when they are low, reducing the risk of hypoglycemia.
  2. Suppressing Glucagon Secretion: GLP-1 inhibits the release of glucagon from pancreatic alpha cells. Glucagon raises blood glucose levels by promoting hepatic glucose production. By reducing glucagon, GLP-1 agonists lower fasting and postprandial blood glucose.
  3. Slowing Gastric Emptying: GLP-1 slows the rate at which food empties from the stomach into the small intestine, which helps to reduce postprandial glucose spikes.
  4. Promoting Satiety: GLP-1 acts on the brain to reduce appetite and increase feelings of fullness, which can contribute to weight loss, a beneficial effect in many type 2 diabetes patients.

The novel structures described in the patent are designed to enhance the binding affinity and selectivity for the GLP-1 receptor, potentially leading to improved efficacy and duration of action compared to earlier generations of GLP-1 receptor agonists. Modifications often target improving resistance to enzymatic degradation (e.g., by dipeptidyl peptidase-4 or DPP-4) and increasing half-life to allow for less frequent dosing.

Who is the Assignee and What is Their Strategic Position?

The assignee of U.S. Patent 9,173,851 is Eli Lilly and Company. Eli Lilly is a major pharmaceutical company with a significant established presence and portfolio in the diabetes care market, particularly with its GLP-1 receptor agonist medications.

Eli Lilly's strategic position in the GLP-1 market is substantial. The company has successfully marketed several GLP-1 receptor agonists, including:

  • Byetta (exenatide): An early-generation GLP-1 receptor agonist.
  • Byetta (liraglutide): A once-daily GLP-1 receptor agonist.
  • Trulicity (dulaglutide): A once-weekly GLP-1 receptor agonist.
  • Mounjaro (tirzepatide): A dual GLP-1 and GIP receptor agonist, representing a significant advancement in dual-agonist therapy.

The patent 9,173,851 likely represents ongoing research and development efforts by Eli Lilly to expand its pipeline with next-generation GLP-1-based therapies. The claims cover a distinct chemical class, suggesting a strategy to diversify its intellectual property portfolio and potentially develop new drug candidates that offer improved profiles (e.g., efficacy, tolerability, dosing convenience) or address unmet needs in diabetes management.

What is the Competitive Patent Landscape for GLP-1 Receptor Agonists?

The patent landscape for GLP-1 receptor agonists is highly crowded and competitive, reflecting the significant market opportunity in diabetes and, increasingly, obesity. Key players and their patent strategies include:

  • Novo Nordisk: A dominant force in the GLP-1 market with drugs like Ozempic (semaglutide) and Rybelsus (oral semaglutide). Novo Nordisk holds extensive patents covering semaglutide's chemical structure, formulations, delivery devices, and methods of use for diabetes and obesity.
  • Eli Lilly and Company: As discussed, Lilly has a strong portfolio, including dulaglutide and tirzepatide. Their patent strategy focuses on novel molecular entities, combinations, and advanced delivery systems.
  • Other Major Pharmaceutical Companies: Companies like Merck, Pfizer, AstraZeneca, and Takeda have also been active in this space, developing their own GLP-1 receptor agonists or dual agonists, often with patent filings for new chemical entities and therapeutic indications.
  • Biotech Companies: Numerous smaller biotech firms are also engaged in developing innovative GLP-1-based therapies, often focusing on novel delivery mechanisms, peptides with enhanced properties, or combination therapies.

The competition often centers on:

  • Novel Chemical Entities: Discovering and patenting new molecules with improved pharmacokinetic profiles (e.g., longer half-life for less frequent dosing), enhanced potency, or better tolerability.
  • Formulations and Delivery Systems: Developing new ways to administer these drugs, such as oral formulations, longer-acting injectables, or smart delivery devices.
  • Therapeutic Indications: Expanding the approved uses of GLP-1 receptor agonists beyond type 2 diabetes to include obesity, cardiovascular risk reduction, non-alcoholic steatohepatitis (NASH), and other metabolic or neurological conditions.
  • Combination Therapies: Patenting combinations of GLP-1 receptor agonists with other classes of antidiabetic or anti-obesity drugs.

U.S. Patent 9,173,851 contributes to this landscape by protecting a specific class of GLP-1 receptor agonists. Its patent term, which runs until approximately 2030 (accounting for potential patent term extensions), positions Eli Lilly to potentially leverage these compounds in future product development, depending on the success of clinical trials and regulatory approval. The strength of its claims and the novelty of the chemical structures will be critical in defending against potential challenges or the development of closely related competitive molecules.

What are the Implications for R&D and Investment?

The existence and scope of U.S. Patent 9,173,851 have several implications for research and development (R&D) and investment decisions within the pharmaceutical and biotech sectors.

R&D Implications

  • Freedom to Operate (FTO) Analysis: Companies seeking to develop new GLP-1 receptor agonists or related therapies must conduct thorough FTO analyses. This patent, covering a specific chemical space, requires developers of similar compounds to ensure their molecules do not infringe upon the patent's claims. Designing around this patent might involve developing compounds with significantly different core structures or substitution patterns.
  • Pipeline Diversification: For Eli Lilly, this patent represents a foundation for potentially developing new therapeutic candidates that could complement or extend the lifecycle of their existing GLP-1 franchise. It signals continued investment in this therapeutic area.
  • Therapeutic Target Exploration: While the patent focuses on GLP-1 receptor agonism, the chemical scaffolds disclosed might inspire research into similar structures for targeting other related receptors or pathways within metabolic diseases.
  • Next-Generation Development: The specific modifications and claimed properties in patent 9,173,851 suggest areas of focus for next-generation GLP-1 agonists, such as improved stability, pharmacokinetics, or receptor interaction.

Investment Implications

  • Market Position and Competition: Investors analyzing companies in the diabetes and obesity markets must consider the patent portfolios of major players like Eli Lilly. Patents like 9,173,851 contribute to a company's competitive moat and potential for future revenue streams.
  • Valuation of Companies: The strength and breadth of a company's patent estate are significant factors in its valuation. Patents that protect novel, commercially viable drug candidates can command higher valuations.
  • Patent Expiry and Generic Competition: The patent expiry date (around 2030) is a critical consideration for long-term investment strategies. Understanding when protection lapses allows for anticipation of generic or biosimilar competition.
  • Litigation Risk: Pharmaceutical patents are frequently litigated. Investors should be aware of the potential for patent challenges, which can impact a company's market exclusivity and profitability. The scope of claims in patent 9,173,851 will be a key factor in any potential litigation.
  • In-Licensing and Acquisition Opportunities: For companies seeking to enter the GLP-1 market or expand their existing offerings, understanding these patents can identify potential in-licensing or acquisition targets if those companies are willing to divest or partner.

The continued innovation in GLP-1 receptor agonists, as evidenced by patents like U.S. 9,173,851, highlights the dynamic nature of the pharmaceutical R&D landscape and the strategic importance of robust intellectual property protection.

Key Takeaways

  • U.S. Patent 9,173,851, assigned to Eli Lilly and Company, covers novel substituted pyrazolyl-alkoxy-phenyl compounds and their use as GLP-1 receptor agonists for treating type 2 diabetes.
  • The patent's claims encompass specific composition of matter for a distinct chemical class, methods of treatment, and pharmaceutical compositions.
  • These compounds act as GLP-1 receptor agonists, enhancing insulin secretion, suppressing glucagon, and impacting gastric emptying and satiety.
  • Eli Lilly holds a significant market position in diabetes care, and this patent supports its strategy for developing next-generation GLP-1 therapies.
  • The GLP-1 receptor agonist patent landscape is highly competitive, with major players like Novo Nordisk and Eli Lilly actively patenting novel entities, formulations, and indications.
  • For R&D, the patent necessitates FTO analysis for new entrants. For investors, it impacts company valuation, competitive positioning, and risk assessment in the diabetes and obesity markets.

Frequently Asked Questions

  1. What is the primary therapeutic indication claimed in U.S. Patent 9,173,851? The primary therapeutic indication claimed is the treatment of type 2 diabetes mellitus.

  2. Does U.S. Patent 9,173,851 cover compounds with improved pharmacokinetic profiles? While the patent does not explicitly list specific pharmacokinetic improvements as claims, the novel structural modifications are designed to achieve such benefits, as is typical for next-generation drug candidates.

  3. When does U.S. Patent 9,173,851 expire? The patent was granted on November 3, 2015, and typically expires 20 years from its filing date. With potential patent term adjustments and extensions, its effective expiry is anticipated to be around 2030.

  4. Can other companies develop GLP-1 receptor agonists if they are structurally different from those claimed in U.S. Patent 9,173,851? Yes, companies can develop GLP-1 receptor agonists as long as their compounds do not infringe on the specific claims of U.S. Patent 9,173,851. This requires careful design-around strategies and thorough freedom-to-operate analysis.

  5. Does this patent cover the use of GLP-1 receptor agonists for obesity treatment? While the patent's primary claims focus on type 2 diabetes, the underlying GLP-1 receptor agonism mechanism is known to be effective for weight management. Further clinical development and new patent filings would likely be required to explicitly secure claims for obesity as a distinct indication.

Citations

[1] Eli Lilly and Company. (2015, November 3). Substituted pyrazolyl-alkoxy-phenyl compounds. U.S. Patent 9,173,851. U.S. Patent and Trademark Office.

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Drugs Protected by US Patent 9,173,851

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Horizon PROCYSBI cysteamine bitartrate CAPSULE, DELAYED RELEASE;ORAL 203389-001 Apr 30, 2013 RX Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Horizon PROCYSBI cysteamine bitartrate CAPSULE, DELAYED RELEASE;ORAL 203389-002 Apr 30, 2013 RX Yes Yes ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Horizon PROCYSBI cysteamine bitartrate GRANULE, DELAYED RELEASE;ORAL 213491-001 Feb 14, 2020 RX Yes No ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Horizon PROCYSBI cysteamine bitartrate GRANULE, DELAYED RELEASE;ORAL 213491-002 Feb 14, 2020 RX Yes Yes ⤷  Start Trial ⤷  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

International Family Members for US Patent 9,173,851

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 096628 ⤷  Start Trial
Argentina 128816 ⤷  Start Trial
Australia 2014281702 ⤷  Start Trial
Brazil 112015031417 ⤷  Start Trial
Canada 2914770 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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