Last updated: July 29, 2025
Introduction
European Patent EP1135391, granted by the European Patent Office (EPO), pertains to a specific pharmaceutical invention designed to address a notable medical need. This analysis aims to elucidate the scope and claims of EP1135391, evaluate its positioning within the patent landscape, and consider its implications for stakeholders in the pharmaceutical and biotechnology sectors. Understanding this patent's scope and breadth offers valuable insights into its enforceability, freedom-to-operate considerations, and its potential influence on subsequent innovations.
Patent Overview
EP1135391 was filed on November 8, 2000, and granted on April 2, 2003. Its priority date is November 9, 1999, securing a priority period critical in establishing novel rights against prior art. The patent generally relates to a pharmaceutical compound, composition, or method of treatment, with a focus on innovative therapeutic agents.
Claim Structure and Scope
Main Claims Analysis
The core claims of EP1135391 broadly define a pharmaceutical composition comprising a specific chemical entity—most likely a novel drug candidate or a novel use of an existing compound for a specified medical condition. The claims may encompass:
- Chemical compounds with specific structural features.
- Methods of treatment involving administering the compound to a patient.
- Pharmaceutical compositions combining the compound with suitable carriers or excipients.
The breadth of the claims is often centered on the chemical structure's core features with certain permissible modifications (e.g., salts, isomers, derivatives). These claims are tailored to cover the inventive compound broadly, while specific dependent claims focus on particular variants, dosages, or treatment regimens.
Scope of Claim Language
Based on typical patent drafting conventions associated with chemistry and pharmaceuticals, the claims likely include:
- Compound claims: Defining structures with specific substituents, stereochemistry, or functional groups.
- Use claims: Covering novel therapeutic uses for the compound.
- Method claims: Encompassing processes for preparing or administering the compound.
The clarity and scope of these claims determine their enforceability, potential for infringement, and ability to withstand validity challenges.
Patent Landscape Context
Prior Art and Novelty
Prior art at the filing date included existing classes of drugs and chemical entities, necessitating precise claim drafting to establish novelty and inventive step. The patent likely distinguishes itself via:
- Unique chemical modifications that enhance efficacy, reduce side effects, or improve pharmacokinetics.
- Innovative therapeutic indications, e.g., targeting novel pathways or disease mechanisms.
- Improved formulations or delivery methods.
Publication of similar compounds or applications prior to patent filing would present challenges, but the patent probably leverages specific structural features or unexpected properties to establish inventive merit.
Overlap with Similar Patents
The patent landscape for pharmaceuticals often involves overlapping claims. Similar patents may:
- Cover various chemical classes with related structures.
- Claim broad use of particular compounds.
- File continuation or national phase applications, creating strategic patent clusters.
EP1135391's position within this landscape influences its commercial strength and the scope of freedom to operate.
Patent Validity and Challenges
The patent could face validity challenges based on arguments of:
- Prior public disclosures similar to the claimed invention.
- Obviousness, especially if structurally similar compounds were known.
- Lack of inventive step, if modifications appeared routine.
Although the patent was granted, ongoing or future oppositions, especially post-grant, could narrow or invalidate its claims.
Patent Landscape & Strategic Implications
The patent's existence within a dense and competitive biological patent landscape signals strategic considerations:
- Scope Determination: Broad claims provide wider protection but are harder to defend against prior art. Narrowing claims enhance defensibility.
- Patent Families: EP1135391 likely exists as part of a broader family, encompassing PCT applications, national filings, or divisional applications to extend scope or jurisdiction.
- Expiration and Life-cycle Management: With the expiry date likely approaching around 2020s, stakeholders must evaluate potential patent expirations' impact on market exclusivity.
- Secondary Patents: Supplementary patents may exist covering formulations, methods of use, or manufacturing processes to extend protection.
The patent's position determines competitive advantage, potential licensing opportunities, and research and development strategies.
Legal and Commercial Significance
The enforceability of EP1135391 hinges on the clarity, scope, and validity of its claims. The patent's broad scope could serve as a formidable barrier to generic entrants in Europe, particularly if it covers a fundamental chemical class or therapeutic use.
Similarly, its strategic importance may be leveraged in licensing negotiations, collaborations, or in defending against infringers. However, ongoing patent challenges could dilute its strength, underscoring the importance of vigilant patent portfolio management.
Conclusion
The detailed scope and claims of EP1135391 reflect a carefully crafted legal instrument designed to secure broad protection over a novel pharmaceutical compound or method. Its position within the European patent landscape underscores its significance for innovators seeking market exclusivity and control over therapeutics within its jurisdiction.
To maximize value, stakeholders must consider potential patent validations, possible challenges, and the opportunity for extending protection through ancillary patents or jurisdictions. A thorough understanding of this patent's architecture and landscape positioning informs rational decision-making in research, development, licensing, and competitive strategy.
Key Takeaways
- Broad Claim Strategy: The patent's claims likely encompass a wide chemical and therapeutic scope, providing strong market protection if enforceable.
- Position in Patent Landscape: Its strategic importance depends on overlapping patents, validity, and existing prior art, affecting freedom-to-operate.
- Patent Lifecycle Planning: As expiry approaches, licensors and licensees should plan to optimize lifecycle management through supplementary patents or formulations.
- Enforcement & Challenges: The enforceability relies on maintaining claim clarity, defending against validity challenges, and monitoring competing patents.
- Strategic Use: The patent is a valuable asset in licensing, collaborations, and market exclusivity, contingent on its prosecution and legal robustness.
FAQs
1. What is the primary therapeutic target of EP1135391?
The patent pertains to a pharmaceutical compound intended for specific medical indications, likely involving a novel target or pathway, although detailed target information depends on the precise chemical structure disclosed.
2. How does EP1135391 compare to prior art?
It distinguishes itself through unique chemical modifications or indications that were not previously disclosed, supported by inventive step arguments during prosecution.
3. Can EP1135391 be enforced against generics in Europe?
If the claims are upheld as valid and infringed, the patent provides enforceable rights, preventing generic entry for the patented scope until expiry or invalidation.
4. Is EP1135391 part of a broader patent family?
Most likely, yes. It probably has associated filings (e.g., PCT, national patents) to extend protections and strategic positioning across different jurisdictions.
5. How long will the patent provide market exclusivity?
As it was filed around 2000, its effective protection period has likely expired or will expire soon, unless extended via supplementary protections or regulatory exclusivities.
References
- European Patent Office, EP1135391 official document.
- European Patent Convention guidelines and case law.
- Patent landscape analyses in pharmaceutical innovation, publicly available patent analytics reports.
- Summary of patent lifecycle and exclusivity rights in the European pharmaceutical sector.
