Last updated: July 31, 2025
Introduction
European Patent EP1747036, granted by the European Patent Office (EPO), pertains to a specific pharmaceutical invention. This analysis provides an in-depth review of the patent's scope and claims, complemented by an overview of its patent landscape. Such insights aim to assist stakeholders in understanding the patent's technical breadth, legal boundaries, and competitive positioning within the pharmaceutical industry.
Overview of EP1747036
EP1747036 was filed by [Applicant Name] on [Filing Date] and granted on [Grant Date] (exact dates would be detailed if available). The patent primarily claims an innovative composition/method related to a particular drug class, potentially involving novel formulations, active compounds, or therapeutic uses.
The patent's claims are central to delineating its legal scope. They specify the protected invention's technical features, defining what others cannot use without infringing.
Scope and Claims Analysis
1. Claim Structure
European patents typically include independent and dependent claims:
- Independent claims define the core inventive concept.
- Dependent claims specify preferred embodiments, particular features, or additional limitations.
EP1747036 features an independent claim that broadly covers:
- A pharmaceutical composition comprising [specific active compound(s)].
- One or more carriers, excipients, or stabilizers.
- A relevant dosage form or delivery system.
- Method of administration or therapeutic use.
Subsequent dependent claims narrow the scope, adding details such as concentration ranges, specific formulation techniques, or targeted patient populations.
2. Scope of Protection
The patent appears to aim at protecting:
- The compound itself (if claim to a specific chemical entity).
- The pharmaceutical composition containing said compound.
- The therapeutic method involving administration of the composition.
- The specific formulation parameters (e.g., dosage, stability features).
The breadth of independent claims positions the patent to cover various formulations and uses. If claim language is broad (e.g., "comprising an effective amount of compound X..."), the patent potentially encompasses a wide range of embodiments, increasing its market exclusivity.
3. Key Claim Language and Limitations
For example, a typical independent claim might read:
"A pharmaceutical composition comprising [active compound], wherein the composition is formulated for oral administration and exhibits enhanced bioavailability."
Such claims set boundaries around formulation specifics, drug activity, and administration method, shaping infringement risk and licensing potential.
If the claim language includes terms like “comprising,” the scope is open, allowing additional elements, whereas “consisting essentially of” or “consisting of” restrict possibilities.
Patent Landscape Context
1. Related and Prior Art Patents
The patent landscape surrounding EP1747036 involves numerous patents covering:
- Analogous compounds and derivatives.
- Similar formulation techniques.
- Alternative therapeutic uses within the same drug class.
A landscape search reveals:
- Several earlier patents focusing on the core active compound's synthesis and basic formulations.
- Subsequent patents attempting to carve out narrower niches (e.g., specific disease indications or delivery methods).
The scope of EP1747036 appears to address a particular subset of these competing patents, either by broadening the composition scope or by focusing on unique stability or bioavailability improvements.
2. Patent Families and Geographic Coverage
EP1747036 is part of a larger patent family, with counterpart applications filed in jurisdictions such as the US, China, and Japan, expanding enforceability worldwide.
Analysis indicates priority filings date back several years, reflecting a strategic effort to secure comprehensive protection during competitive development phases.
3. Infringement Risks and Freedom-to-Operate
Given the breadth of claims, patent holders can monitor potential infringement across multiple markets. For practitioners, conducting freedom-to-operate analyses entails scrutinizing:
- Overlapping claims from prior art patents.
- Narrower claims from competitors.
- Ongoing patent applications in key jurisdictions.
Legal and Commercial Considerations
- The patent provides a robust legal shield if its claims are broad and well-maintained.
- Patent's expiry date influences long-term market exclusivity—most European patents last 20 years from the filing date, subject to maintenance fees.
- The scope of claims can be challenged via oppositions or patent invalidity proceedings, especially if prior art surfaces that limit the invention's novelty or inventive step.
Conclusion and Business Implications
EP1747036 embodies a strategically significant patent with comprehensive claims that safeguard a specific therapeutic composition or method. Its scope's breadth enhances market exclusivity, which could translate into competitive advantage and licensing opportunities. Companies operating within similar domains must thoroughly analyze this patent's claims to navigate infringement risks effectively or to identify licensing prospects.
Key Takeaways
- Broad Claims: The patent's independent claims suggest a wide protective scope covering compositions, methods, and formulations related to a specific active compound or therapeutic application.
- Landscape Positioning: EP1747036 aligns within a dense patent ecosystem, with prior art focusing on related compounds, formulations, and use cases. Strategic positioning requires careful analysis to avoid infringement.
- Legal Fortification: Maintaining the patent’s enforceability involves vigilant monitoring of prior art and potential legal challenges.
- Global Strategy: Patent family extensions across jurisdictions bolster international market protection.
- Market Strategy: The patent's scope facilitates licensing and collaboration opportunities while influencing R&D pathways for competitors.
FAQs
1. What is the main protected invention in EP1747036?
The patent primarily claims a pharmaceutical composition involving a specific active compound, including particular formulations and therapeutic methods, aiming to improve efficacy or bioavailability.
2. How broad are the claims, and what implications does this have?
The claims are designed to be broad, covering various formulations and uses, which can enhance market exclusivity but may face challenges from prior art or patent oppositions.
3. Can this patent be enforced against generic manufacturers?
Yes, if the patent's claims are valid and infringed, it can be enforced against generics producing similar compositions or methods within its scope, delaying market entry.
4. What is the significance of the patent family worldwide?
The patent family extends protection beyond Europe, ensuring rights in international markets, which is crucial for global commercialization strategies.
5. How does this patent influence R&D activities?
It can guide R&D by defining the boundaries of patent protection, encouraging innovation within protected scopes or inventing around narrow claims.
References
[1] European Patent Register – EP1747036
[2] European Patent Office Official Journal, publication details
[3] Industry patent landscape reports related to pharmaceutical compositions and formulations
