Detailed Analysis of the Scope and Claims of United States Patent 10,166,181
Introduction
United States Patent 10,166,181, titled "Slow release pharmaceutical composition made of microgranules," is a significant patent in the pharmaceutical industry, particularly for the drug Trelstar, which contains the active ingredient triptorelin pamoate. This patent, assigned to Debiopharm Research & Manufacturing SA, protects a specific formulation and delivery method for this medication.
Patent Overview
The patent was issued on January 1, 2019, and is set to expire in June 2029, approximately 4 years from the current date[2][5].
Inventors and Assignees
The patent was invented by a team including Ducrey Bertrand, Garrouste Patrick, Curdy Catherine, Bardet Marie-Anne, Porchet Herve, Lundstrom Eija, and Heimgartner Frederic. The assignee is Debiopharm Research & Manufacturing SA[5].
Patent Claims and Scope
The patent claims cover a pharmaceutical composition made of microparticles designed for the slow release of an active substance, specifically a water-insoluble peptide salt, over an extended period. Here are the key aspects of the patent claims:
Composition
- The composition consists of microparticles made of a copolymer of lactic and glycolic acid (PLGA), which incorporates the active substance triptorelin pamoate[4].
- The PLGA copolymer must have at least 75% lactic acid content and an inherent viscosity between 0.1 and 0.9 dl/g, measured in chloroform at 25°C and a polymer concentration of 0.5 g/dL[4].
Microparticle Size and Distribution
- The microparticles have a specific size distribution: D (v,0.1) between 10 and 30 micrometers, and D (v,0.9) between 50 and 110 micrometers. This ensures a consistent release profile[4].
Release Profile
- The composition is designed to release the active substance over at least a 6-month period following injection. This slow release is crucial for the therapeutic efficacy of triptorelin pamoate, which is used to treat conditions such as prostate cancer and precocious puberty[4].
Patent Landscape and Exclusivity
Patent Protection
The patent provides exclusive rights to Debiopharm Research & Manufacturing SA for the specific formulation and delivery method described. This protection extends to the United States and is part of a broader international patent strategy, with patents in multiple countries[2].
Generic Availability
As of the current date, there is no therapeutically equivalent generic version of Trelstar available in the United States. This is largely due to the patent protection afforded by US Patent 10,166,181 and other related patents[5].
Legal and Regulatory Aspects
- The patent expires in June 2029, but the exclusivity period granted by the FDA may run concurrently or separately, depending on the specific circumstances of the drug's approval[5].
- The patent landscape includes various legal events and oppositions, particularly in Europe, which can affect the global market entry strategy for generic versions[2].
Impact on the Pharmaceutical Industry
Innovation and Competition
The broad scope of this patent, particularly the genus claims covering a class of PLGA copolymers, makes it challenging for competitors to design around the patent without infringing on the claims. This is a common issue in the pharmaceutical industry, where broad patent claims can stifle innovation while narrow claims can be easily circumvented[3].
Regulatory Challenges
The Federal Circuit's current position on genus claims and the written description requirement under 35 U.S.C. § 112(a) has made it difficult for pharmaceutical and biotechnology companies to obtain meaningful patent protection. This jurisprudence requires patentees to make and test all species within a genus, which is a significant burden[3].
Clinical and Therapeutic Implications
Therapeutic Efficacy
The slow release formulation protected by this patent ensures a consistent and prolonged therapeutic effect of triptorelin pamoate, which is critical for managing chronic conditions such as prostate cancer and precocious puberty[4].
Patient Compliance
The extended release profile enhances patient compliance by reducing the frequency of injections, which can improve treatment outcomes and quality of life for patients[4].
Conclusion
United States Patent 10,166,181 is a pivotal patent in the pharmaceutical industry, particularly for the drug Trelstar. It protects a unique formulation and delivery method that ensures the slow release of triptorelin pamoate over an extended period. The patent's broad claims and the regulatory landscape surrounding it highlight the complexities and challenges in the pharmaceutical patent space.
Key Takeaways
- The patent protects a specific PLGA-based microparticle formulation for the slow release of triptorelin pamoate.
- The patent expires in June 2029, but no generic version is currently available in the United States.
- The broad scope of the patent claims makes it challenging for competitors to design around without infringing.
- Regulatory challenges, such as those posed by the Federal Circuit's position on genus claims, affect the ability to obtain meaningful patent protection in the pharmaceutical industry.
FAQs
What is the main subject of United States Patent 10,166,181?
The main subject is a pharmaceutical composition made of microparticles for the slow release of triptorelin pamoate.
Who is the assignee of this patent?
The assignee is Debiopharm Research & Manufacturing SA.
When is the patent set to expire?
The patent is set to expire in June 2029.
Is a generic version of Trelstar available in the United States?
No, there is currently no therapeutically equivalent generic version of Trelstar available in the United States.
What are the regulatory challenges associated with this patent?
The patent faces regulatory challenges related to genus claims and the written description requirement under 35 U.S.C. § 112(a), which can make it difficult to obtain meaningful patent protection.
Cited Sources:
- DrugPatentWatch - Generic TRIPTORELIN PAMOATE INN entry, drug patent and ...
- Pharsight - Trelstar patent expiration
- DigitalCommons@NYLS - Eviscerating Patent Scope
- Google Patents - Slow release pharmaceutical composition made of microgranules
- Drugs.com - Generic Trelstar Availability