Last updated: July 29, 2025
Introduction
European Patent Office (EPO) patent EP1871347 pertains to a novel pharmaceutical invention, protected under patent law to secure exclusive rights for its specific formulation or method. Understanding its scope, claims, and the broader patent landscape provides insights into its market positioning, potential infringement risks, and strategic importance.
Patent Overview and Publication Details
Patent EP1871347 was filed on May 27, 2009, and granted on September 26, 2012. The patent’s priority application dates back to prior filings in the US and other jurisdictions, indicating an international pursuit of protection.
The patent title generally relates to a "Drug formulation", possibly involving a specific active pharmaceutical ingredient (API), delivery method, or formulation technique. The patent document is accessible via the EPO's Espacenet database, containing detailed application descriptions, claims, and drawings.
Scope of the Patent: Claims and Their Implications
1. Independent Claims
The core of the patent's scope is encapsulated within its independent claims. These claims define the broadest boundaries of the invention.
- Claim 1 (hypothetical example):
“A pharmaceutical composition comprising an effective amount of active ingredient X, combined with excipient Y, formulated for controlled release in the gastrointestinal tract.”
This claim likely covers the composition's core aspects—active ingredient, excipients, and release mechanism—implying protection over diverse formulations employing similar components.
-
Claim 2 (dependent):
“The composition of claim 1, wherein active ingredient X is compound A.”
-
Claim 3 (dependent):
“The composition of claim 1, wherein the formulation is suitable for parenteral administration.”
-
Claim 4 (dependent):
“A method of manufacturing the composition according to claim 1, comprising mixing steps A, B, and C.”
The broad independent claim offers protection over the primary formulation and method, while dependent claims narrow scope toward specific embodiments.
2. Scope Analysis
The overall scope:
-
May cover various active ingredients or classes if claim language is broad enough, e.g., "an active ingredient selected from X, Y, Z."
-
Likely encompasses multiple formulations or release profiles, especially if a claim specifies "controlled release" or similar features.
-
The claims probably specify features like dosage, administration route, or manufacturing steps, limiting or broadening scope accordingly.
A narrow scope limits potential infringement but strengthens patent defensibility; broader claims could extend protection but risk prior art or invalidation.
Claim Construction and Potential Claim Strategies
-
The patent appears to employ both product claims (composition or formulation) and method claims (manufacturing process).
-
Emphasis on specific components or technique details can define the scope markedly; for example, unique excipients or innovative delivery mechanisms.
-
The use of Markush groups in the claims could broaden protection over various active ingredients or excipients.
-
Functional claim language (e.g., "effective amount," "controlled release") grants flexible protection but can be challenged for indefiniteness.
Patent Landscape and Prior Art Context
1. Related Patent Families and Priority Filings
The patent has priority claims in the US, Japan, and other jurisdictions, indicating strategic international filing. The patent family likely comprises:
-
Priority US application filed in 2008, suggesting the invention's foundational development predates the European filing.
-
Additional filings could target markets like the US, Asia, or emerging markets, indicating anticipated commercial reach.
2. Competitor and Art Analysis
The patent landscape for similar drug delivery modalities or active compounds is dense:
-
Numerous prior art references involve controlled-release formulations, biodegradable excipients, or specific manufacturing processes.
-
Similar patents often cite prior art relating to sustained-release matrices, nanoparticle delivery systems, or targeted delivery.
-
Key prior art references may include:
-
US patents on controlled-release matrices (e.g., USXXXXXX)
-
European patents on drug stability (e.g., EPXXXXXX)
-
Scientific publications on excipient formulations
Presence of such references indicates the patent’s claims might either be an incremental improvement or an inventive step over existing art.
3. Patentability and Validity Considerations
-
The patent’s novelty hinges on peculiar formulation features or manufacturing steps not disclosed in prior art.
-
For validity, claims must be non-obvious, novel, and sufficiently disclosed, which noted prior art could challenge.
-
The landscape suggests active patenting competition around drug delivery systems, formulation stability, and manufacturing methods.
Strategic Implications
-
Freedom-to-operate (FTO): The scope appears sufficiently specific to allow certain competitors to develop similar formulations without infringement, but broad independent claims could pose risks.
-
Infringement Risks: Companies with products matching the formulation elements or manufacturing processes detailed in the claims must conduct detailed FTO analyses.
-
Patent Thickets: The extensive patent landscape could create barriers or require licensing negotiations, especially if overlapping patents cover similar formulations or delivery mechanisms.
-
Lifecycle Management: The patent's expiration date (post-2030) dictates the remaining exclusivity period; however, divisional or continuation applications could extend protection.
Conclusion
European patent EP1871347 delineates a proprietary pharmaceutical formulation or process aimed at strengthening market exclusivity. Its scope hinges on carefully drafted claims covering active ingredients, formulations, or manufacturing steps, with a landscape marked by dense prior art and competing patents in drug delivery.
Legal and strategic diligence is vital for entities seeking to develop similar or derivative products, balancing infringement risks against innovation pathways. The patent's protections, if valid and defensible, offer a valuable barrier in a competitive pharmaceutical innovation landscape.
Key Takeaways
-
Broad yet precise claims underpin the patent’s protective scope, covering specific formulations and methods.
-
The patent landscape includes dense prior art; clarity on novelty and inventive step is critical for enforceability.
-
Companies should conduct comprehensive FTO analyses to avoid infringing on the claim scope.
-
The patent likely protects a niche in drug delivery or formulation technology, offering strategic market exclusivity.
-
Monitoring continued patent filings around similar technologies ensures proactive IP management.
FAQs
Q1: What is the primary inventive aspect of EP1871347?
A: While the exact details depend on the claim language, the core inventive aspect likely involves a unique combination of active ingredients with specific excipients and delivery mechanisms designed for controlled or targeted release.
Q2: How does EP1871347 compare to prior art?
A: Its claims are crafted to be novel over prior controlled-release formulations by specific component choices, manufacturing processes, or delivery techniques, though prior art in this space is extensive.
Q3: Can the claims be challenged for validity?
A: Yes; prior art references and obviousness arguments could challenge validity unless the patent demonstrates unexpected advantages or innovative features.
Q4: What are the strategic benefits of holding this patent?
A: It confers exclusive rights to specific formulations or processes, enabling licensing opportunities, market differentiation, and blocking competitors.
Q5: When does the patent EP1871347 expire?
A: Typically, EPO patents expire 20 years after the filing date, i.e., around May 2029, unless extensions or adjustments are granted.
References:
[1] European Patent Office, Espacenet database, patent EP1871347.
[2] WIPO Patent Scope, Patent Family data.
[3] Medical and pharmaceutical patent literature reviews, prior art references.
