You're using a free limited version of DrugPatentWatch: Upgrade for Complete Access

Last Updated: March 17, 2025

Details for Patent: 11,602,513


✉ Email this page to a colleague

« Back to Dashboard


Which drugs does patent 11,602,513 protect, and when does it expire?

Patent 11,602,513 protects LUMRYZ and is included in one NDA.

This patent has thirty patent family members in ten countries.

Summary for Patent: 11,602,513
Title:Modified release gamma-hydroxybutyrate formulations having improved pharmacokinetics
Abstract:Modified release formulations of gamma-hydroxybutyrate having improved dissolution and pharmacokinetic properties are provided, and therapeutic uses thereof.
Inventor(s):Jordan Dubow, Hervé Guillard, Claire Mégret, Jean-François DUBUISSON
Assignee:Flamel Ireland Ltd
Application Number:US17/497,393
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis

When analyzing a U.S. patent, such as United States Patent 11,602,513, it is crucial to delve into several key aspects, including the patent's scope, claims, and the broader patent landscape. Here’s a comprehensive breakdown of these elements.

Patent Scope and Claims

Definition of Patent Scope

The scope of a patent is defined by its claims, which are the legally binding descriptions of the invention for which the patentee seeks protection. These claims outline the boundaries of what is considered the inventor's exclusive right[3].

Types of Claims

Patents typically include various types of claims, such as:

  • Independent Claims: These stand alone and do not refer to any other claims.
  • Dependent Claims: These refer back to and further limit an independent claim or another dependent claim.
  • Method Claims: Describe a process or method.
  • Apparatus Claims: Describe a physical device or system.
  • Composition Claims: Describe a chemical or material composition[3].

Claim Construction

The interpretation of patent claims is critical in determining the scope of protection. This involves analyzing the language of the claims, the specification (the detailed description of the invention), and any relevant prosecution history. The courts often use the "plain and ordinary meaning" of the claim terms to interpret the scope of the claims[5].

Patent Landscape

Related Patents and Prior Art

Understanding the patent landscape involves identifying related patents and prior art that may impact the validity or enforceability of the patent. This includes searching for patents that are continuations, continuations-in-part, or divisionals of the patent in question, as well as any patents that may be cited as prior art during the prosecution of the patent[1].

Continuations and Continuations-in-Part

Patents can be part of a family of related patents, such as continuations or continuations-in-part. These patents may claim priority from the same original application but can have different patent terms due to factors like Patent Term Adjustment (PTA) or terminal disclaimers[1].

Patent Term Adjustment (PTA) and Terminal Disclaimers

PTA extends the term of a patent to compensate for delays during the prosecution process. However, terminal disclaimers, which are used to overcome obviousness-type double patenting (ODP) rejections, can limit the extended term. The USPTO and courts have clarified that PTA does not extend beyond the date specified in a terminal disclaimer[1].

Inventorship and Ownership

Determining True and Only Inventors

Correctly identifying the inventors is crucial for the validity of a patent. U.S. patent law requires that only the true and only inventors be listed on the patent application. Errors in inventorship can lead to the patent being unenforceable, especially if there is deceptive intent[2].

Consequences of Incorrect Inventorship

Incorrect or deceptive inventorship can result in the patent being invalid and unenforceable. It is essential to ensure thorough invention disclosure to maintain the enforceability of the patent[2].

Patent Eligibility and Validity

Subject Matter Eligibility

Patent claims must meet the subject matter eligibility criteria under 35 U.S.C. § 101. This involves ensuring that the claims do not cover ineligible concepts such as abstract ideas, natural phenomena, or laws of nature without an inventive concept[5].

Obviousness and Novelty

Claims must also be novel and non-obvious over the prior art. The Patent Trial and Appeal Board (PTAB) and courts often review these aspects during patent prosecution and litigation[5].

Data and Analytics in Patent Research

Patent Claims Research Dataset

The USPTO provides datasets like the Patent Claims Research Dataset, which contain detailed information on claims from U.S. patents and applications. These datasets can be used to analyze claim-level statistics and document-level statistics, helping in understanding patent scope and trends[3].

Real-World Implications and Strategies

Strategic Patent Filings

Companies often file multiple related patents to protect different aspects of an invention. Understanding the relationships between these patents and how they interact with each other and with prior art is crucial for strategic patent management[1].

Litigation and Enforcement

When enforcing a patent, it is essential to consider the scope of the claims, the validity of the patent, and any potential challenges based on prior art or inventorship issues. A thorough analysis of the patent landscape can help in anticipating and addressing these challenges[2].

Key Takeaways

  • Claims Define Scope: The claims of a patent are the definitive descriptions of what is protected.
  • Patent Landscape: Understanding related patents, prior art, and family relationships is vital.
  • Inventorship: Correct identification of inventors is crucial for patent validity.
  • Eligibility and Validity: Claims must meet subject matter eligibility and be novel and non-obvious.
  • Data Analytics: Utilizing datasets can provide insights into patent trends and scope.

Frequently Asked Questions (FAQs)

What is the significance of claims in a patent?

Claims are the legally binding descriptions of the invention and define the scope of protection.

How does Patent Term Adjustment (PTA) affect patent term?

PTA extends the term of a patent to compensate for delays during prosecution but does not extend beyond the date specified in a terminal disclaimer.

Why is correct inventorship important?

Correct inventorship is essential to ensure the validity and enforceability of a patent; incorrect or deceptive inventorship can render the patent unenforceable.

What is the role of the Patent Claims Research Dataset?

This dataset provides detailed information on claims from U.S. patents and applications, helping in the analysis of claim-level and document-level statistics.

How do terminal disclaimers impact patent term?

Terminal disclaimers, used to overcome ODP rejections, limit the extended term of a patent and ensure that the patent does not extend beyond the specified date.

Cited Sources:

  1. In re Cellect - United States Court of Appeals for the Federal Circuit
  2. Determining Inventorship for US Patent Applications
  3. Patent Claims Research Dataset - USPTO
  4. Sensitive drug distribution system and method - Patent US-2014207480-A1
  5. In re Rudy - United States Court of Appeals for the Federal Circuit

More… ↓

⤷  Try for Free


Drugs Protected by US Patent 11,602,513

ApplicantTradenameGeneric NameDosageNDAApproval DateTETypeRLDRSPatent No.Patent ExpirationProductSubstanceDelist Req.Patented / Exclusive UseSubmissiondate
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-001 May 1, 2023 RX Yes Yes ⤷  Try for Free ⤷  Try for Free TREATMENT OF NARCOLEPSY-RELATED CATAPLEXY OR EXCESSIVE DAYTIME SLEEPINESS USING A ONCE-DAILY PHARMACEUTICAL FORMULATION COMPRISING AN OXYBATE ⤷  Try for Free
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-002 May 1, 2023 RX Yes No ⤷  Try for Free ⤷  Try for Free TREATMENT OF NARCOLEPSY-RELATED CATAPLEXY OR EXCESSIVE DAYTIME SLEEPINESS USING A ONCE-DAILY PHARMACEUTICAL FORMULATION COMPRISING AN OXYBATE ⤷  Try for Free
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-003 May 1, 2023 RX Yes No ⤷  Try for Free ⤷  Try for Free TREATMENT OF NARCOLEPSY-RELATED CATAPLEXY OR EXCESSIVE DAYTIME SLEEPINESS USING A ONCE-DAILY PHARMACEUTICAL FORMULATION COMPRISING AN OXYBATE ⤷  Try for Free
Avadel Cns LUMRYZ sodium oxybate FOR SUSPENSION, EXTENDED RELEASE;ORAL 214755-004 May 1, 2023 RX Yes No ⤷  Try for Free ⤷  Try for Free TREATMENT OF NARCOLEPSY-RELATED CATAPLEXY OR EXCESSIVE DAYTIME SLEEPINESS USING A ONCE-DAILY PHARMACEUTICAL FORMULATION COMPRISING AN OXYBATE ⤷  Try for 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
Showing 1 to 4 of 4 entries

International Family Members for US Patent 11,602,513

CountryPatent NumberEstimated ExpirationSupplementary Protection CertificateSPC CountrySPC Expiration
Argentina 109376 ⤷  Try for Free
Australia 2017300845 ⤷  Try for Free
Australia 2020231916 ⤷  Try for Free
Australia 2023203055 ⤷  Try for Free
Brazil 112019000848 ⤷  Try for Free
Brazil 112021013766 ⤷  Try for Free
Canada 3028878 ⤷  Try for Free
>Country>Patent Number>Estimated Expiration>Supplementary Protection Certificate>SPC Country>SPC Expiration
Showing 1 to 7 of 7 entries

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.