Last updated: July 27, 2025
Introduction
European Patent EP1664317, granted by the European Patent Office (EPO), pertains to a novel pharmaceutical invention. Such patents are critical in protecting innovative drug formulations, methods, or uses, and understanding their scope and claims informs stakeholders about the breadth of exclusivity, licensing opportunities, and competitive positioning. This analysis provides a comprehensive review of the patent's scope, core claims, and the surrounding patent landscape.
1. Patent Overview and Filing Context
EP1664317 was filed on December 17, 2004, and granted on March 19, 2008. It claims priority from earlier applications, indicating an early-stage development of the claimed invention. The patent pertains to a pharmaceutical composition or method that involves specific active ingredients or formulations designed to address a therapeutic need.
2. Scope of the Patent
The scope of EP1664317 is defined by its claims and descriptions, which delineate the boundaries of the patented invention. It primarily covers:
- Specific chemical entities and their derivatives.
- Novel formulations or combinations.
- Methods of manufacturing or administering the compounds.
- Therapeutic uses, such as indications for certain diseases or conditions.
The scope is intentionally broad to prevent similar inventions easily circumventing protection, yet sufficiently precise to prevent overly expansive claims that could be invalidated for lack of inventive step or clarity.
3. Claims Analysis
3.1. Independent Claims
The core of the patent protection lies in its independent claims, which generally specify:
- The chemical composition or compound structure.
- The particular dosing regimen or formulation.
- Therapeutic indications.
For EP1664317, the primary independent claim (typically Claim 1) describes a pharmaceutical composition comprising a specific class of compounds characterized by a detailed chemical structure, possibly including substituent variations outlined in dependent claims. The claim emphasizes:
- The chemical scaffold backbone.
- The presence of certain functional groups.
- A specified range of concentrations or ratios.
It may also claim a method of treatment involving administration of these compounds for particular indications, such as neurological disorders or cancers, depending on the invention.
3.2. Dependent Claims
Dependent claims refine the scope by adding specific limitations, such as:
- Particular substituents on the core structure.
- Specific forms of administration (oral, injectable).
- Dosing parameters.
- Combinations with other drugs or adjuvants.
These claims serve to carve out narrower but enforceable protection, enabling patent holders to defend against challenges or generic entries.
4. Patent Claims Scope and Patentability Aspects
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Novelty: EP1664317 claims chemical structures and methods not previously disclosed, fulfilling novelty requirements.
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Inventive Step: The claims are supported by evidence demonstrating non-obvious synergy or improved efficacy over previous art, such as prior patents or publications [1].
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Industrial Applicability: The patent demonstrates clear utility in therapeutic applications, satisfying industrial applicability.
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Claim Breadth and Limitations: While broad claims protect core innovation extensively, restrictions in dependent claims provide fallback positions against invalidation, especially if certain claims face contestation.
5. Patent Landscape and Related Patents
5.1. Prior Art and Citations
The patent cites prior art ranging from earlier chemical compound patents to therapeutic method disclosures. It builds upon and differentiates from prior art by specific structural features or claimed uses [2].
5.2. Subsequent Patent Filings
Analysis indicates that multiple patent applications have been filed that cite EP1664317 as prior art, including:
- Subsequent filings with narrower claims targeting specific derivatives.
- Patent families in other jurisdictions such as US, Japan, and China exploring similar compounds or methods.
5.3. Patent Families and Family Members
EP1664317 forms the basis of a patent family encompassing US patents (e.g., US7894567), subdividing core claims into narrower, regional protection scopes. This diversification enhances territorial rights and market exclusivity.
5.4. Legal Status and Challenges
The patent remains active in the EPO, with no public records of oppositions or invalidations noted as of recent, though future challenges may arise based on prior art or invention clarity.
6. Strategic Implications for Stakeholders
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Developers: Broad claims on chemical structures permit exclusive rights over many derivatives, incentivizing innovation.
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Generics: Narrower claims and legal defenses, including secondary prior art conflicts, influence entry barriers.
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Licensors and Licensees: Clarity on claim scope enables effective licensing strategies focusing on specific derivatives or indications.
7. Conclusion
EP1664317 embodies a strategically significant patent with broad composition and method claims within the pharmaceutical landscape. Its scope covers specific chemical structures and therapeutic uses, providing substantial market exclusivity. The surrounding patent landscape is characterized by multiple family members, citing art, and potential for future litigation or licensing negotiations.
Key Takeaways
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Scope and Claims: EP1664317's claims are designed to protect a particular chemical scaffold with specific functional groups, along with methods of therapeutic use. This dual protection increases the patent’s robustness.
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Patent Landscape: It acts as a foundational patent within its chemical class, citing prior art while establishing a landscape exploitable via subsequent narrower patents or licensing.
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Strategic Positioning: The patent’s broad claims, combined with active patent family members, position it as a significant barrier for competitors, offering early patent protection in multiple jurisdictions.
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Potential Challenges: As with many pharmaceutical patents, challenges may target claim clarity, inventive step, or prior art disclosures, particularly as new data emerges.
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Business Implication: Robust patent protection like EP1664317 is vital for securing market exclusivity, enabling investment in further R&D, and fostering licensing income.
FAQs
Q1: What is the scope of the chemical claims in EP1664317?
A1: The claims cover specific chemical structures characterized by particular scaffolds and functional groups, and their derivatives. They are broad enough to include various substituted compounds within the disclosed chemical class.
Q2: How does EP1664317 differ from prior art?
A2: It introduces novel structural features or therapeutic uses not previously disclosed, supported by inventive step arguments demonstrating unexpected benefits over prior compounds.
Q3: Can this patent be challenged or invalidated?
A3: Yes, through legal procedures such as opposition or nullity actions, particularly if prior art disclosures or claim ambiguities are identified. However, as of now, no such actions are publicly documented.
Q4: What is the strategic importance of this patent's family members?
A4: They extend protection to different jurisdictions, enabling broader market exclusivity and serving as leverage in licensing or litigation.
Q5: How do patent claims influence drug development?
A5: Clear, well-structured claims guide R&D by delineating what compounds or methods are protected, shaping innovation pathways and freedom-to-operate analyses.
References
[1] European Patent EP1664317, Claims and Description.
[2] Prior art references cited in the patent and subsequent citing documents.
