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Abstract
Introduction: Deuterated versions of existing drugs can exhibit improved pharmacokinetic or toxicological properties due the stronger deuterium– carbon bond modifying their metabolism. There is great interest in the current state of development of this approach.
Areas covered: This review covers recent US patent applications and prosecutions in this area that are based on beneficial modifications in metabolism of deuterated versions of existing drugs. The current state of 35 U.S.C. §103 ‘obviousness’ rejections are emphasized, as is the development of strategies to overcome such rejections. Current trials and market considerations are also discussed.
Expert opinion: Deuterated drugs collectively are worth at least US$1 billion. It would seem that the likelihood of obviousness rejections is increasing in this area. However, careful elucidation of metabolic outcomes from deuteration that would not be anticipated from the prior art, and are instead unexpected and unobvious, has enabled allowance. Showing that drug deuteration alters pharmacokinetics by mechanisms not currently part of the prior art surrounding deuterated drugs has also been successful. Development of these and other strategies, combined with developing the extensive base of issued patents will enable the field to remain commercially attractive for some time.
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