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ARS Pharmaceuticals Inc, a commercial-stage biopharmaceutical company dedicated to empowering at-risk patients and their caregivers to better protect patients from allergic reactions that could lead to anaphylaxis, announced the Opposition Division of the European Patent Office (the “EPO”) upheld the validity of all claims in EP 3678649, which is a patent validated in over 30 European countries directed to nasal spray epinephrine formulations including alkyl-glycoside, such as Intravail, and uses thereof.
ARS Pharma’s issued global intellectual property portfolio related to neffy provides coverage until at least 2039.
Earlier this year, following successful defense of an Inter Partes Review (IPR) challenge and subsequent appeal proceedings, the United States Patent and Trademark Office formally upheld key claims for US patent No. 10,682,414, which is directed to methods of treating a type-1 hypersensitivity reaction, including anaphylaxis, using an epinephrine aqueous nasal spray.
Thus, two different ARS Pharma patents, with differing claim scope, have now been successfully upheld following two independent patent challenges in two different jurisdictions.
“The decisive and unanimous opinion of the EPO committee in rejecting all of the opposition arguments and upholding the novel claims in our European patent supports the strength and validity of our extensive patent portfolio,” said Richard Lowenthal co-founder, president and CEO of ARS Pharma. “These positive outcomes with our EP patent on top of the earlier IPR and Appeals court decisions on one of our US methods of use patents, provide confidence in our ability to overcome future patent challenges to our worldwide patent estate that covers intranasal epinephrine.”
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