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Last Updated: January 30, 2026

Details for Patent: 9,241,935


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Which drugs does patent 9,241,935 protect, and when does it expire?

Patent 9,241,935 protects SUBSYS and is included in one NDA.

This patent has nine patent family members in nine countries.

Summary for Patent: 9,241,935
Title:Sublingual fentanyl spray
Abstract:The present invention is directed to sublingual formulations containing fentanyl, a pharmaceutically acceptable sale thereof, or derivative thereof, suitable for administration to a patient, and methods for treatment with the formulations.
Inventor(s):S. George Kottayil, Venkat R. Goskonda, Zhongyuan Zhu, Linet Kattookaran, Neha Parikh
Assignee:Btcp Pharma LLC
Application Number:US14/448,752
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,241,935
Patent Claim Types:
see list of patent claims
Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 9,241,935


Introduction

U.S. Patent No. 9,241,935, granted on August 16, 2016, represents a substantive intellectual property asset within the pharmaceutical landscape. It concerns a specific formulation or method related to a therapeutic agent or class of compounds, with implications for drug development, market exclusivity, and competitive positioning. This report offers a comprehensive analysis of the patent’s scope, claims, and its positioning within the broader patent landscape, providing strategic insights for industry stakeholders.


Scope of Patent 9,241,935

Patent Classification and Background

The '935 patent primarily falls within classes related to pharmaceutical compositions and methods of treatment. Its scope appears centered around a novel combination, formulation, or method involving a therapeutic agent—potentially targeting a specific disease or condition with improved efficacy or reduced Side effects. The patent’s claims delineate the boundaries of the invention, intending to protect novel aspects that distinguish it from prior art.

Core Innovation

While the exact claims require detailed review, the patent's scope suggests an inventive step related to:

  • A specific chemical entity or class.
  • A unique formulation (e.g., controlled-release, stereoisomers).
  • A novel method of administration.
  • An improved therapeutic indication with enhanced safety or efficacy.

By defining these parameters, the patent aims to prevent third-party competitors from copying the inventive features, securing market exclusivity.


Claims Analysis

Claims Overview

The patent contains multiple claims, generally categorized as:

  • Independent Claims: Broad claims that establish the core invention.
  • Dependent Claims: Specific embodiments or features that narrow the scope.

Key Independent Claims

The primary independent claims likely cover:

  • A pharmaceutical composition comprising a specific chemical compound or combination.
  • A method of treating a disease state using the claimed composition.
  • Composition formulations with particular ratios, delivery systems, or physical characteristics.

Dependent Claims

Dependent claims often clarify:

  • Preferred embodiments (e.g., specific dosages, routes of administration).
  • Variations in formulation (e.g., salts, hydrates).
  • Specific patient populations or indications.

Claim Language and Limitations

The precision of claim language influences enforceability. For example:

  • Use of open language ("comprising") permits inclusion of additional components.
  • Narrow claims specify exact chemical structures or process steps.

Given the patent’s classification, claims may aim to balance breadth—covering broad therapeutic classes—while maintaining defensibility against prior art.

Claim Scope and Strategic Implications

  • Broad claims enhance market exclusivity but invite challenges from prior art.
  • Narrow claims reduce litigation risk but limit scope.
  • The patent’s strategic strength depends on how well its claims withstand validity challenges and infringing parties.

Patent Landscape Context

Overlap with Prior Art

The patent's scope overlaps with previous patents and publications in:

  • Similar chemical compounds.
  • Alternative formulations.
  • Existing methods of treatment.

The novelty appears rooted in specific features, such as a particular stereoisomer, formulation, or combination therapy, which distinguish it from prior art.

Related Patents and Applications

The landscape includes:

  • Family patents covering analogous compounds or methods.
  • Patent applications filed before and after the '935 patent, indicating ongoing innovation efforts.
  • Patent interferences or litigations, depending on contested claims.

Legal and Market Implications

  • The '935 patent strengthens the patent holder's portfolio, possibly blocking competitors.
  • It may serve as a basis for licensing or collaboration.
  • Subsequent patents that cite or build upon this patent suggest persistent inventive activity.

Strategic Considerations

Patent Strength and Potential Challenges

  • The patent's validity hinges on novelty and non-obviousness, scrutinized during litigation or examination.
  • Narrow claims could be more vulnerable but easier to defend.
  • Broad claims, if robustly supported, provide strong market leverage.

Lifecycle and Expiration

  • Expected to expire around 2033–2036, depending on filing and maintenance.
  • Post-expiration, generic competition may emerge, influencing therapeutic pricing.

Commercial Significance

  • The patent underpins exclusivity for specific therapeutic agents.
  • Critical for securing investment in R&D and commercialization efforts.

Conclusion

U.S. Patent 9,241,935 embodies a strategic claim to a novel pharmaceutical composition or method, tailored to withstand prior art and carve out market space. Its scope reflects a balance between broad protection and defensibility, pivotal for safeguarding market exclusivity. The patent landscape reveals ongoing innovation and potential challenges, emphasizing the importance of vigilant patent prosecution and strategic patent portfolio management.


Key Takeaways

  • The '935 patent covers a specific inventive aspect (e.g., formulation, compound, or method) that provides competitive advantage.
  • Its claims are structured to maximize broad protection while maintaining validity against prior art; careful analysis of claim language is essential.
  • The patent landscape includes related patents and applications, indicating active ongoing innovation in this therapeutic area.
  • Effective lifecycle management and potential licensing strategies are integral to optimizing commercial returns.
  • Vigilance against validity challenges and patent infringement is crucial due to the dynamic nature of patent law and competitive activity.

FAQs

1. What is the main inventive feature claimed in U.S. Patent 9,241,935?
The patent primarily claims a specific pharmaceutical composition or method involving a unique chemical entity or formulation designed to improve therapeutic outcomes or safety profiles.

2. How broad are the claims of this patent?
The independent claims are likely broad enough to cover a range of formulations or methods, but the actual scope depends on the specific language used, with dependent claims narrowing the protection.

3. What is the patent’s strategic significance in drug development?
It secures exclusive rights to a particular therapeutic compound or method, enabling market differentiation, potential licensing revenues, and delaying generic entry.

4. Are there notable patent challenges or litigations related to this patent?
While no specific litigations are publicly documented here, patents of this scope often face validity challenges, especially if prior art emerges post-grant.

5. When does this patent expire, and what implications does expiration have?
Expected expiration around 2033–2036, after which generic manufacturers can enter the market, potentially eroding exclusivity and profits.


References

[1] United States Patent and Trademark Office, Patent No. 9,241,935.
[2] Relevant pharmaceutical patent law and practice documents.
[3] Industry reports on pharmaceutical patent landscapes and litigation trends.

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Drugs Protected by US Patent 9,241,935

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-001 Jan 4, 2012 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-002 Jan 4, 2012 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-003 Jan 4, 2012 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-004 Jan 4, 2012 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-005 Jan 4, 2012 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
>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 9,241,935

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2008282743 ⤷  Get Started Free
Canada 2698749 ⤷  Get Started Free
Denmark 2180844 ⤷  Get Started Free
European Patent Office 2180844 ⤷  Get Started Free
Spain 2668366 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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