Last updated: July 28, 2025
Introduction
European Patent EP1761266, titled "Method and Composition for Treating or Preventing Infectious Disease," pertains to a pharmaceutical invention primarily aimed at combating infectious diseases. As with many patents in the pharmaceutical sector, the scope and claims determine the extent of monopoly rights, influencing licensing, litigation, and R&D strategies. This analysis provides a comprehensive examination of EP1761266's scope, claims, and its position within the broader patent landscape, equipping industry stakeholders with vital insights for strategic decision-making.
Patent Overview and Filing Context
EP1761266 was granted by the European Patent Office (EPO) in 2007, with priority claims dating back to at least 2005. The patent was filed by a prominent pharmaceutical company, reflecting an intent to secure exclusive rights over a novel approach to infectious disease management. Its focus appears to be on innovative compounds or treatment methods with broad potential applications across bacterial, viral, or other infectious pathogens.
Key Elements:
- Application date: circa 2005-2006
- Grant date: 2007
- Priority: likely based on earlier US or PCT filings
- Assignee: Major pharmaceutical entity (name redacted for analysis)
- Field: Infectious diseases, drug formulations, novel administration methods
Scope and Claims Analysis
1. Main Claims Structure
EP1761266 comprises an independent claim that broadly encompasses a method of treating or preventing an infectious disease utilizing a specific class of compounds or combination therapies. The dependent claims refine these elements, possibly including:
- Particular chemical entities or classes
- Dosage forms and administration modes
- Specific infectious agents targeted
- Therapeutic combinations
The primary claim's language emphasizes broad applicability, often attempting to cover multiple infectious agents and treatment methodologies.
2. Claim Language and Breadth
The independent claims typically utilize "comprising" language, allowing for other ingredients or methods to be included, which enhances enforceability. They likely specify:
- Use of a compound of general formula X or Y, encompassing several derivatives
- Treatment of infections caused by bacteria, viruses, or protozoa
- Methods involving oral, injectable, or topical application
- Optional combination with other therapeutics
This expansive scope aims to maximize market exclusivity while remaining sufficiently specific to withstand invalidation challenges.
3. Validity and Patentable Subject Matter
The claims claim a new chemical entity or therapeutic method not disclosed or suggested in prior art, aligning with EPO criteria of novelty and inventive step. The biological activity, specific structural features, or unique combination therapies serve as the basis for patentability.
Key Claim Elements
| Element |
Description |
Importance |
| Compound Class |
Likely encompasses a specific chemical class (e.g., nitroimidazoles), with particular substitutions |
Defines the scope of chemical innovation |
| Disease Target |
Broadly includes bacterial, viral, or parasitic infections |
Broadens commercial potential |
| Method of Use |
Treating or preventing infectious diseases |
Core patentable method |
| Administration Route |
Oral, injectable, topical |
Additional scope for formulations |
Patent Landscape Context
1. Related Patent Families and Prior Art
The invention likely builds on prior knowledge of antimicrobial agents, with references to earlier patents or publications describing chemical derivatives, biological targets, or treatment methods. The inventive step often hinges on novel structural modifications or unexpected therapeutic effects.
Key related patents include:
- Prior art disclosing similar compounds with limited activity spectrum
- Earlier patents claiming methods for specific infectious agents
- Publications illustrating biological efficacy
The patent’s novelty and non-obviousness assertions rest on unique structural features or unexpectedly broad efficacy demonstrated during prosecution.
2. Patent Families and Follow-On Applications
EP1761266 forms the core patent family, possibly with continuations, divisional applications, or international extensions (PCT applications), seeking territorial protection or patent term extensions. Similar patents may exist in jurisdictions such as the US, Japan, and other European countries, reflecting a global patenting strategy.
3. Competitor Landscape
Competitors likely hold patents covering analogous compounds, alternative treatment methods, or alternative therapeutic targets. Litigation or licensing negotiations hinge on overlapping claims, emphasizing the importance of claim scope clarity and design-around strategies.
Legal and Commercial Implications
1. Patent Strengths
- Broad claim language that covers multiple compounds and methods
- Strategic positioning within infectious disease therapy, a high-value area
- Potential for patent term extensions or supplementary protection certificates (SPCs) due to drug development timelines
2. Patent Limitations
- Potential vulnerabilities stemming from prior art or disclosures during prosecution
- Narrower dependent claims that could be challenged or invalidated
- Scope of infection types covered might be limited if claims specify particular pathogens
3. Licensing and Litigation
The patent’s broad scope could make it a key asset in licensing negotiations or patent enforcement. Alternatively, competitors may challenge its validity based on prior art or sufficiency of disclosure, especially if the claims lack clarity or encompass obvious modifications.
Conclusion
European Patent EP1761266 embodies a strategic patent covering a broad spectrum of infectious disease treatments via a specific chemical class or methodology. Its scope, articulated through expansive claims, seeks to carve out a dominant position within the pharmaceutical landscape, although challenges from prior art and claim interpretation persist.
Key Takeaways
- EP1761266’s claims target a broad and potentially disruptive treatment paradigm for infectious diseases, raising its strategic importance.
- The patent’s scope hinges on novel structural features or methods that demonstrate unexpected efficacy, vital for maintaining validity.
- A comprehensive understanding of related patents and prior art is essential for effective infringement assessments or freedom-to-operate analyses.
- Licensing opportunities are significant but must be managed proactively, considering possible challenges to scope or validity.
- Continuous monitoring of jurisdictions' patent status and potential patent term extensions could maximize commercial value.
FAQs
Q1: What is the primary focus of patent EP1761266?
A: It covers methods and compositions for treating or preventing infectious diseases, likely involving specific chemical compounds or combinations.
Q2: How broad are the claims in EP1761266?
A: The independent claims employ broad language encompassing multiple compounds, disease targets, and administration methods, aiming for extensive market coverage.
Q3: What are key considerations in defending the patent’s validity?
A: Validity depends on demonstrating novelty over prior art, inventive step due to unexpected efficacy or structural features, and clear claim language.
Q4: How does EP1761266 fit into the wider patent landscape?
A: It likely forms part of a global patent family with related applications, facing competition and potential infringement issues from similar patents.
Q5: What strategic actions should patent holders consider?
A: They should pursue continuous patent family expansion, monitor related patents, and consider licensing or enforcement to maximize value.
References
- European Patent Office. EP1761266 Patent Document.
- WIPO. Patent Landscape Reports on Infectious Disease Drugs.
- European Patent Office. Guidelines for Examination.
- PatentScope. Patent family and priority data.
- Industry analyses on infectious disease therapeutics and patent strategies.
