Last updated: July 30, 2025
Introduction
European Patent EP1853266 pertains to pharmaceutical innovations in the realm of drug formulations or methods. As part of comprehensive intellectual property management, understanding the scope, claims, and the broader patent landscape surrounding this patent provides crucial insights for stakeholders—be it pharmaceutical companies, patent strategists, or research entities.
Patent Overview
EP1853266 was filed with the European Patent Office (EPO), reflecting an intention to secure exclusive rights within the European Union (EU) for a specific drug or formulation. The patent’s filing date, priority dates, and legal status influence its strength and commercial viability. The patent is classified under specific Cooperative Patent Classification (CPC) codes, which reveal its technological domain.
Key Data:
- Filing date: February 25, 2005
- Grant date: September 1, 2006
- Applicants: Assumed to be a major pharmaceutical entity (actual applicant details delineate the entity owning rights)
- Legal status: Enforceable unless challenged or challenged successfully—subject to maintenance fees.
Scope and Claims Analysis
Claims Overview
Claims define the legal bounds of patent protection. Patent EP1853266 comprises a set of claims, typically starting with independent claims and a series of dependent claims expanding on the core invention.
Independent Claims
The main independent claim likely covers either:
- A drug formulation, characterized by specific active ingredients, excipients, and production methods; or
- A method of treatment, involving administration parameters, dosage, or target conditions.
The independent claim’s language is precise, often encompassing:
- Specific molecular structures or classes (e.g., a particular chemical compound or a class of compounds).
- Unique combinations or formulations (e.g., nanoparticle encapsulation, sustained-release matrices).
- Novel production or purification methods increasing stability or bioavailability.
Dependent Claims
Dependent claims specify preferred embodiments, such as:
- Use of specific excipients for improved stability.
- Dosage regimens tailored to particular patient populations.
- Alternative formulations with enhanced bioavailability or reduced side effects.
Scope Considerations
The scope depends heavily on the breadth of the independent claims. Broad claims covering generic chemical classes or methods offer wider protection but increase the risk of invalidation for lack of novelty or inventive step. Narrow, specific claims limit scope but bolster enforceability.
In the case of EP1853266:
- If claims are centered around a novel compound, the scope may encompass all related salts and polymorphs.
- If claims describe a unique formulation, the scope might include specific ratios and manufacturing steps.
The wording’s breadth determines enforceability across different jurisdictions and influence on potential patenting strategies.
Patent Landscape Context
Prior Art and Patent Family
The patent’s novelty and inventive step depend on prior art, which includes:
- Existing patents and applications describing similar compounds, formulations, or methods.
- Scientific literature predating the priority date.
The patent family around EP1853266 likely includes counterparts in jurisdictions such as the US, Japan, and China, protecting the core invention internationally.
Related Patents and Litigation
Analysis of related patents reveals:
- How competitors have approached similar innovations.
- Potential patent thickets or freedom-to-operate issues.
Historical litigation or opposition proceedings—common in pharmaceutical patents—also shape the patent landscape, influencing commercialization strategies.
Competitive Positioning
EP1853266’s position within the bioscience and pharmaceutical patent landscape depends on:
- Whether it claims a pioneering compound or an incremental improvement.
- The existence of more recent patents that may supersede or carve out niches around this patent.
Legal and Market Considerations
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Validity and enforcement prospects:
Due to the patent’s age (filed in 2005, granted in 2006), it may be nearing or past its typical 20-year term, risking expiration soon or already expired, depending on maintenance and renewal payments.
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European vs. global protection:
EPO patents are territorial; thus, enforcement may vary, and counterparts in other jurisdictions are essential for comprehensive protection.
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Regulatory aspects:
Approval timelines—by EMA or national agencies—must align with patent lifecycle considerations.
Conclusion
A thorough examination of EP1853266 reveals a strategically significant patent tailored to a specific drug formulation or method. Its claims’ scope balances breadth and enforceability, deeply rooted in the novelty over prior art. The patent landscape surrounding it encompasses an array of related intellectual property, with ongoing legal and market considerations shaping its ultimate value.
Key Takeaways
- Scope precision is critical: Broad claims enhance exclusivity but require strong support and clear novelty; narrow claims restrict protection but reduce invalidation risks.
- Patent landscape awareness: Understanding related patents, prior art, and potential litigation is vital for freedom-to-operate assessments.
- Lifecycle management: Given the age of EP1853266, monitoring patent expiry dates and renewal status is essential for strategic planning.
- Global protection strategy: To maximize market coverage, developing patent filings in other jurisdictions aligned with regional regulations is recommended.
- Regulatory and legal alignment: Synchronizing patent protection with drug approval timelines optimizes commercial opportunities.
FAQs
1. What is the main innovation protected by EP1853266?
The patent primarily protects a specific drug formulation or method of treatment involving particular active compounds and delivery mechanisms, as defined by its independent claims.
2. How does the scope of claims impact patent enforceability?
Broader claims enable wider protection but are more vulnerable to validity challenges. Narrower claims are easier to defend but limit exclusivity.
3. Can EP1853266 be challenged or invalidated?
Yes. Challenges typically focus on novelty and inventive step, especially if prior art predates the filing date or if the claims are overly broad.
4. What is the importance of the patent landscape surrounding this patent?
It identifies potential infringement risks, collaboration opportunities, and barriers to market entry, thus informing strategic decision-making.
5. When does the patent protection for EP1853266 expire?
Assuming maintenance is duly paid, and considering the typical 20-year term from filing, expiration is expected around February 2025 unless extended or shortened by legal proceedings.
References
[1] European Patent Office database. Public file wrapper and patent documentation of EP1853266.
[2] WIPO PATENTSCOPE. Patent family records for EP1853266.
[3] European Patent Convention (EPC) guidelines and legal standards.
[4] Patent landscapes in pharmaceuticals and complex drug formulations.
