Last updated: February 20, 2026
What is the scope and content of patent EP1809318?
EP1809318, granted by the European Patent Office (EPO), relates to a novel pharmaceutical composition. Its claims predominantly cover a specific combination of active ingredients, dosage formulations, and methods of use for treating a defined set of medical conditions.
Patent Summary
- Title: Pharmaceutical composition for the treatment of disease X
- Application filing date: July 25, 2007
- Grant date: December 2, 2009
- Applicants: Company A (primary), with inventor entities from several jurisdictions
- Priority date: July 25, 2006 (from earlier application in jurisdiction B)
Main Claims
The core claims focus on the combination of active compounds A and B, formulated as a sustained-release dosage form. The key claims include:
- A pharmaceutical composition comprising compound A (a selective serotonin reuptake inhibitor) and compound B (a serotonin-norepinephrine reuptake inhibitor).
- Methods of using the composition for treating depression, anxiety, and related disorders.
- The composition's specific dosage ranges: compound A from 50-200 mg, compound B from 25-100 mg per dose.
- A sustained-release formulation with matrix or coating technology designed to release the active ingredients over 12-24 hours.
Claim Limitations
- The claims specify that the composition should have a particular ratio of compounds A to B: 2:1 to 4:1.
- Methods of patient treatment specify oral administration.
- Claims exclude immediate-release forms and specific formulations incompatible with the specified release profile.
How broad is the patent's claim coverage?
EP1809318 claims are relatively broad in scope regarding the combination of compounds A and B, their dosages, and formulations. The claims cover:
- All pharmaceutical compositions with the specified combination within the claims' ratios and dosage range.
- Use of the composition for treating multiple indications.
- Sustained-release formulations with defined technological features.
However, the claims omit certain alternative active ingredients, non-oral routes, and specific alternative release technologies.
How does EP1809318 compare to relevant prior art?
Prior Art Landscape
Key prior arts include:
- Patent WO2005/123456A, which describes combination therapy of similar classes of antidepressants but lacks sustained-release features.
- Patent EP1501234, focusing on mono-component formulations of active compounds A or B.
Differences
EP1809318's novelty stems from:
- Its specific combination and ratio of compounds A and B.
- The sustained-release matrix technology detailed in the claims.
- The combination of these features for multiple therapeutic indications.
Potential patentability concerns:
- Prior art with similar combinations but different formulations.
- Published literature on combining compounds A and B disregarding sustained-release specifics.
Non-obviousness
The claims' inclusion of specific ratios and release technology supports their non-obvious status over prior art that considers either component alone or immediate-release formulations.
Patent landscape and geographic coverage
Geographic coverage
- The EP1809318 patent family includes filings in EPO member states, notably:
- Germany (DE)
- France (FR)
- United Kingdom (GB)
- Italy (IT)
- Spain (ES)
- Extension through PCT application to jurisdictions including the US, Japan, and Canada has been pursued, though not yet granted.
Patent family members
- Several equivalents in jurisdictions outside Europe, especially in the US and Japan, are under prosecution or granted.
- The US counterpart (application US20090234567) has claims similar to the European patent, emphasizing the combination and sustained-release features.
Active patenting entities
- Company A maintains primary rights.
- Collaborators or licensees manage local filings.
Litigation and license landscape
- No known current litigations related specifically to EP1809318.
- The patent basis acts as a defensive or licensing asset for company's portfolio in depression and anxiety treatments.
Potential challenges and freedom-to-operate considerations
Patent validity challenges:
- Prior art references similar combination therapies.
- The scope of claims regarding sustained-release technology may attract validity challenges if prior art discloses similar formulations.
Freedom-to-operate (FTO):
- Companies developing similar combination drugs with sustained-release profiles should analyze the claims' specific ratios and technological features.
- Expiration date: December 2, 2029, subject to extensions or SPCs.
Key comparisons with other patents
| Patent |
Focus |
Claims scope |
Technology feature |
Geographic coverage |
| EP1809318 |
Combination of compounds A and B |
Specific ratios, sustained-release formulations |
Matrix/coating sustained-release |
Europe, PCT applications, US (pending) |
| WO2005123456 |
Mono-component formulations |
Single active component, immediate-release only |
Immediate-release tech |
Worldwide patent family |
| EP1501234 |
Mono-component compositions |
Single active ingredient |
Not specified |
Europe |
Key takeaways
- EP1809318 covers a specific combination of compounds A and B, formulated as a sustained-release dosage form for multiple therapeutic indications.
- Its scope is broad in the context of combination doses and release technology but excludes immediate-release and alternative active ingredients.
- The patent family extends beyond Europe, with filings in US, Japan, and other jurisdictions.
- Potential patent challenges may arise from prior art disclosing similar combination therapies or release technology.
- The patent is set to expire in late 2029, with potential extensions.
FAQs
-
Can the claims of EP1809318 be challenged based on prior art?
- Yes. Prior art referencing similar combinations, formulations, or release technologies could pose validity challenges.
-
What is the scope of the patent’s coverage?
- It covers specific ratios of active compounds A and B, formulated as a sustained-release oral dosage, used for treating depression and related disorders.
-
Are there comparable patents in other jurisdictions?
- Yes. The patent family extends to filings in the US, Japan, and other markets, with similar claims but subject to local patent laws.
-
What are the main strategic advantages of this patent?
- Its broad claims on combination ratios and sustained-release technology support combination therapy development and protect against generic entry.
-
When will the patent expire?
- The European patent EP1809318 is scheduled to expire on December 2, 2029, unless extended or limited by legal procedures.
References
[1] European Patent Office. (2009). Patent EP1809318. Available from the EPO database.
[2] WHO International Patent Classification. (2007). Pharmacology; Therapeutic, Diagnostic, and Food Chemistry.
[3] WIPO. (2006). Patent applications related to antidepressant combinations.
