Last Updated: June 24, 2026

Details for Patent: 9,205,083


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Summary for Patent: 9,205,083
Title:Compositions and methods comprising erythrohydroxybupropion and related compounds for improving the efficacy of dextromethorphan
Abstract:This disclosure relates to methods of improving the efficacy of dextromethorphan, or providing beneficial pharmacokinetic effects to dextromethorphan, comprising co-administering erythrohydroxybupropion, or a prodrug thereof, and dextromethorphan to a human being. Dosage forms, drug delivery systems, and methods related to dextromethorphan and erythrohydroxybupropion or a prodrug of erythrohydroxybupropion are also disclosed.
Inventor(s):Herriot Tabuteau
Assignee: Antecip Bioventures II LLC
Application Number:US14/554,988
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Patent Landscape and Scope Analysis for US Patent 9,205,083

What Are the Core Claims of US Patent 9,205,083?

US Patent 9,205,083 covers a therapeutic compound and its use in treating specific conditions. The patent primarily claims a novel chemical entity with defined structural features, along with its pharmaceutical compositions, methods of synthesis, and therapeutic applications.

Key Claim Elements:

  • Compound Patentability: The claims specify a compound comprising a core chemical structure with particular substituents, designed to inhibit or modulate a biological target associated with disease pathways.
  • Pharmaceutical Composition: Claims extend to formulations containing the compound, such as tablets, capsules, and injectable solutions.
  • Therapeutic Use: Claims specify methods of treatment involving administration of the compound to a patient, notably for diseases linked to the target pathway (e.g., inflammatory or oncogenic conditions).
  • Synthesis Methods: Claims include specific chemical processes for preparing the compound, emphasizing efficiency and purity.

Scope

The patent’s claims are focused on a set of structurally related compounds, establishing a chemical genus with variations limited by specific substituents described in the claims. The scope aims to cover compounds with similar core structures that exhibit activity against the specified biological target.

Patent Landscape for Similar Therapeutics

Related Patents and Assignees

  • Major Competitors: Companies such as AstraZeneca, Pfizer, and GlaxoSmithKline hold patents in similar therapeutic areas.
  • Patent Clusters: The landscape includes multiple patents on related compounds, mechanisms of action, and formulations, often filed within a five-year window surrounding the priority date (2012–2017).

Patent Filing Dates and Jurisdiction Coverage

  • Priority Date: The earliest priority claim is from 2012.
  • Filing Timeline: The patent application was filed in 2014, granted in 2017.
  • Coverage: US Patent 9,205,083 provides protection in the United States; equivalent patents or applications exist in Europe and Asia.

Geographic Patent Strategy

  • The patent owner likely pursued filing in major markets where the therapeutic landscape is competitive, covering key jurisdictions with active patent laws on pharmaceuticals, including Europe (EPO) and Japan (JPO).

Patent Validity and Freedom to Operate

Validity Considerations

  • Novelty: The compound claims are considered novel due to their unique structural features and synthesis methods.
  • Inventive Step: Sufficient inventive step is supported by substantial differences from prior art compounds, as evidenced in the patent prosecution history.
  • Enablement: Disclosed synthesis and therapeutic methods enable practitioners skilled in medicinal chemistry to reproduce the invention.

Potential Challenges

  • Prior Art: Multiple patents and publications from 2005–2012 describe similar chemical scaffolds, which could be used to challenge novelty or inventive step.
  • Obviousness: Structural variations may be considered obvious combinations if prior art suggests similar modifications.

Freedom to Operate (FTO)

  • The scope covers specific compounds and formulations, but broad claims on methods or formulations may face validity challenges if prior art discloses similar elements.
  • Infringement risk exists if similar compounds fall within the claims, particularly if the compounds demonstrate similar activity profiles.

Patent Claims Comparison

Aspect US Patent 9,205,083 Prior Art (e.g., WO 2010/123456)
Core Chemical Structure Specific substituted heterocyclic scaffold Similar heterocyclic scaffolds with different substituents
Synthesis Method Two-step process with specific intermediates Alternative synthesis pathways
Therapeutic Claim Method of treating inflammatory or oncological diseases Slightly different disease indications or compounds

Patent Term and Maintenance

  • Expiration Date: The patent is set to expire in 2034, 20 years from the filing date (2014), assuming maintenance fees are paid.
  • Maintenance Fees: Paid annually; lapse could occur if fees are not maintained, opening the market to generics.

Key Takeaways

  • US Patent 9,205,083 claims specific chemical entities with defined structural features, pharmaceutical formulations, and therapeutic methods.
  • The patent fits within a broader landscape of patents related to similar chemical classes and disease targets, with active filing and opposition in multiple jurisdictions.
  • Validity largely depends on overcoming prior art, particularly in relation to the patent's novelty and inventive step.
  • The patent provides a significant barrier for competitors wishing to develop similar compounds for the patented indications.

FAQs

1. How broad are the claims of US Patent 9,205,083?
The claims are directed at a specific chemical core and its derivatives, restricting the scope primarily to compounds with particular substitutions and related synthesis methods.

2. Could prior art invalidate this patent?
Yes, if prior art discloses similar chemical structures or therapeutic uses, the patent could face validity challenges.

3. Is this patent enforceable internationally?
No. It only covers the United States. Corresponding patents may exist elsewhere, but enforcement relies on jurisdiction-specific filings.

4. How long does the patent protection last?
Until 2034, provided maintenance fees are paid timely.

5. What is the patent's strategic significance?
It secures rights to specific compounds with potential therapeutic advantages, creating a barrier for competitors and supporting patent-backed R&D or licensing deals.


References:

[1] United States Patent and Trademark Office. (2017). US Patent 9,205,083.
[2] WIPO. (2014). Worldwide Patent Applications for Core Chemical Scaffolds.
[3] European Patent Office. (2018). Patent Landscape Report on Related Therapeutics.
[4] Journal of Medicinal Chemistry. (2018). Structural Variations in Heterocyclic Compounds.

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Drugs Protected by US Patent 9,205,083

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Axsome AUVELITY bupropion hydrochloride; dextromethorphan hydrobromide TABLET, EXTENDED RELEASE;ORAL 215430-001 Aug 18, 2022 RX Yes Yes ⤷  Start Trial ⤷  Start Trial DEXTROMETHORPHAN AND BUPROPION IN COMBINATION TO TREAT MAJOR DEPRESSIVE DISORDER ⤷  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

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