RE: Market for XF-7318 Oct 2023 17:58
Thank you.
As regards patents, Bill Love's presentation slide 3 states 84 granted patents. The announcement on 3 February 2021 (https://www.destinypharma.com/2021/02/03/03-feb-2021-destiny-pharma-announces-brazilian-patent-granted-for-xf-73-nasal-gel/) states "We now have 84 issued patents from three patent families related to our XF platform that will provide strong protection to our XF-73 nasal gel product, alongside standard market exclusivity awards, in all major territories."
The granted US patents I have found are these 3 (representatives of the three patent families):
1) US7244841B2 (https://patents.google.com/patent/US7244841B2/en), priority 23/12/2002, US application 23/12/2003, expiry 23/12/2023 (this one is a joint assignee with Solvias AG)
2) US7977474B2 (https://patents.google.com/patent/US7977474B2/en), priority 23/06/2004, US application 22/06/2005, expiry 15/11/2027
3) US9326511B2 (https://patents.google.com/patent/US9326511B2/en), priority 23/10/2009, US application 23/10/2009, expiry 23/10/2029
4) There is also a WO patent application (not yet granted), which includes US coverage, from another family: WO2022180380A1 (https://patents.google.com/patent/WO2022180380A1), priority 23/02/2021, WO application 22/02/2022
Throughout these four patents, XF-73 is identifiable as 'Compound 10'. In patent 3) Compound 10 is also named as 'XF-73' (and other compounds are given their XF research codes). Patent 4) mentions only XF-73.
Formulation as a topical gel, cream, lotion, etc is mentioned from patent 2) onwards, initially for Compounds 1 to 51, then for 10 specific Compounds, and finally in patent 4) just for Compound 10. Such successive narrowing of the claimed chemical structures is normal as the most active ones and then the chosen one are selected.
So, in conclusion, there is patent coverage in the US (the most important market) beyond the end of this year with two granted patents until 15/11/2027 and 23/10/2029. And if the latest one, currently a World patent that covers the US and many, many other countries (see https://patentimages.storage.googleapis.com/72/f8/63/8203191d46c35a/WO2022180380A1.pdf) is granted then there will be coverage specifically for XF-73 until 23/02/2041, plus possibly a few years due to the vagaries of the US patent system.
For the FDA aspect, I'll look at this year's interims presentation (thanks for the link) and consult the website and RNSs.