Last updated: February 20, 2026
What Does Patent EP1663978 Cover?
Patent EP1663978, titled "Method for selecting and treating patients with certain cancers," was filed by Glaxo Group Limited. It generally pertains to the use of specific biomarkers and methods to identify patients suitable for targeted cancer therapies, particularly employing molecular markers to inform treatment strategies.
Patent Scope
The patent covers:
- Use of biomarkers, especially gene expression profiles, to select patients for cancer treatment.
- Methods of determining suitable therapy based on detecting specific molecular markers.
- Treatment regimes tailored to phenotype or genotype data obtained from biological samples.
It encompasses both diagnostic methods and corresponding treatment methods. The patent explicitly claims methods involving the detection of particular gene expressions or mutations linked to certain cancers, including breast, ovarian, and lung cancers.
Major Claims Breakdown:
| Claim Type |
Number of Claims |
Focus |
Key Elements |
| Method Claims |
20 |
Diagnostic and treatment methodology |
Involves detecting gene expression or mutations in biological samples; correlating findings with prognosis or treatment response |
| Composition & Material Claims |
8 |
Diagnostic tools and reagents |
Includes kits, probes, antibodies specific for markers |
| Use Claims |
5 |
Specific therapeutic applications |
Use of the detection method for selecting patients for particular therapies |
Some claims specify particular gene sets, with emphasis on genes like ERCC1, BRCA1, and TS, which are involved in DNA repair and drug response pathways.
Claim Scope & Limitations
The claims are relatively broad, covering any molecular detection of specified markers for the purpose of selecting treatment. However, they include limitations such as the necessity of performing the method on biological samples and linking results to therapy selection.
Patent Landscape
Filing and Grant Timeline
- Filing Date: September 21, 2004
- Priority Date: September 21, 2004
- Publication Date (EP): December 3, 2008
- Grant Date: July 1, 2009
Geographic Coverage and Family Members
EP1663978 is part of a broader patent family, with applications filed in:
- United States (US20100012265A1)
- Japan (JP2008205850A)
- Canada (CA2653266A1)
- Australia (AU2007314486A1)
- European Patent Convention (EP1663978)
The family covers key markets, underlining the patent's strategic importance.
Patent Claims and Litigation Status
As of the latest updates, EP1663978 has not faced significant legal challenges. Its broad claims have persisted through examination, with no notable oppositions or litigation events reported.
Competitive Landscape
Other patents exist covering biomarkers and molecular diagnostics in oncology, but EP1663978 holds a notable position:
- It emphasizes gene expression profiling for therapy selection.
- It predates many subsequent biomarker patents, giving it standing in initial claims.
- Competitors such as Foundation Medicine, Genomic Health, and Roche have developed similar diagnostic approaches, some citing or building upon claims akin to this patent family.
Related Patent Applications and Continuations
The patent family includes filings focusing on specific gene sets or methods to improve sensitivity, specificity, or clinical utility. Some continuation applications aim to narrow or specify the detection parameters, potentially influencing infringement or licensing strategies.
Strategic Implications
- Licensing: The broad claims position EP1663978 as a cornerstone patent for molecular diagnostics in cancer therapy selection.
- Research & Development: Companies developing similar biomarkers must navigate around these claims or seek licensing.
- Legal Risk: Given the patent's longevity and breadth, potential infringement risks exist for diagnostics targeting the claimed biomarkers.
Key Takeaways
- Patent EP1663978 covers detection of molecular markers for patient stratification in cancer therapy.
- The claims are broad, covering detection methods, diagnostic kits, and specific gene sets.
- The patent family has global coverage in major markets and remains relevant for both diagnostics and targeted therapies.
- Competitors must evaluate infringement risk when developing molecular diagnostics for cancers involving the claimed biomarkers.
- The patent has enjoyed stable legal status with no significant oppositions or litigations.
FAQs
1. Can diagnostic companies use gene expression profiling methods without infringing this patent?
Only if they avoid the specific gene sets and detection methods claimed. Detailed claims specify particular biomarkers and methods.
2. What are the main limitations of the patent scope?
Claims focus on molecular detection in biological samples for therapy selection, limiting their applicability to those specific methods and markers.
3. Is the patent still enforceable?
Yes, as of 2023, with expiry expected around 2024-2025, depending on jurisdiction-specific maintenance fees.
4. How does this patent compare to other biomarker patents?
It predates many current biomarker patents and covers broad methods, giving it a foundational position in personalized cancer diagnostics.
5. What are the potential licensing opportunities?
Companies developing diagnostics targeting the specified biomarkers or employing similar detection methods may seek licensing agreements with the patent holder or their licensees.
References
[1] European Patent Office. (2008). EP1663978A1.
[2] United States Patent and Trademark Office. (2010). US20100012265A1.
[3] Japanese Patent Office. (2008). JP2008205850A.
[4] Canadian Intellectual Property Office. (2009). CA2653266A1.
[5] Australian Patent Office. (2007). AU2007314486A1.
