Transcept Pharmaceuticals took a big step in its quest for a patent for its middle-of-the-night sleep drug, Intermezzo. The company received a Notice of Allowance from the United States Patent and Trademark Office (USPTO) for claims under the patent application that covers the use of the drug. Reports say that the company is likely to receive a patent in a few months. If issued, the patent would expire in February 2025.
The announcement comes as a win after a tough setback for the company when the FDA requested additional data demonstrating that Intermezzo, when taken as directed in the middle of the night, would not present an unacceptable risk of residual effects, with particular reference to next day driving ability.
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