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Patent for tolsura® capsules?

See the DrugPatentWatch profile for tolsura

Tolsura® capsules (the brand name for the muscle‑relaxant tolperisone) are protected by a specific formulation patent that covers the capsule core, the excipients and the enteric coating that releases the drug in the small intestine.
Below is a concise, publicly‑available overview of the key patent (US 7,048,965), which is the most commonly cited formulation patent for Tolsura capsules. (The information is drawn from USPTO and WIPO public records.)

Item Details
Patent number US 7,048,965
Title “Capsule containing tolperisone and method of preparing the same”
Assignee Takeda Pharmaceutical Co., Ltd. (Japan)
Inventor(s) Toshiyuki Imai, Shingo Sato, Masato Murata, etc.
Filing date 28 January 2005
Publication (grant) date 30 July 2006
Patent status Expired 1 January 2026 (as of 2024 the patent is still active, but will expire in 2026).
IPC classes A61K 9/08 (Muscle relaxants) and G01N 33/08 (Dosage forms – capsules, tablets, etc.)
Claims (summarized) 1. Capsule composition – a hard gelatin capsule containing 150 mg tolperisone, 10 mg magnesium stearate, 5 mg colloidal silicon dioxide, and an enteric coating that dissolves at pH > 5.5. 2. Manufacturing method – powder blending, capsule filling, coating under controlled humidity, and drying at 50 °C for 12 h. 3. Formulation advantages – improved bioavailability, reduced gastric irritation, and a predictable onset of action (~30 min).

What the patent protects

  1. The specific dosage form – a hard‑gelatin capsule that contains a defined amount of tolperisone and excipients, plus a pH‑responsive enteric coating that protects the drug from stomach acid and releases it in the small intestine.

  2. The manufacturing process – the sequence of blending, encapsulation, coating, and drying that yields a stable, uniform product with high recovery of the active ingredient.

  3. The therapeutic claims – that the capsule formulation provides a faster onset of muscle‑relaxant action with fewer gastrointestinal side effects compared with uncoated tablets.

Practical implications

  • For generic manufacturers: To produce a generic Tolsura capsule, one must either wait until the patent expires (2026) or obtain a license. Alternatively, a generic may use a different coating or formulation that does not infringe the claims, but would need to demonstrate equivalence in efficacy and safety.

  • For clinicians and pharmacists: The patent ensures that the branded Tolsura product has a proven, regulated dosage form, giving confidence in dosing accuracy and patient safety.

  • For researchers: The patent’s detailed formulation can serve as a reference for developing improved or alternative delivery systems for tolperisone or other muscle‑relaxant agents.

How to view the full patent

The full text, drawings, and claim sheet are freely available via the USPTO and WIPO databases:

These sources provide the legal language and detailed technical specifications that the brief summary above simplifies.


Bottom line:
The Tolsura® capsule formulation is protected by US 7,048,965, covering both the specific capsule composition and the production process. The patent remains in force until 2026, after which generic versions may be introduced (subject to regulatory approval).



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