Last updated: August 8, 2025
Introduction
European Patent Office (EPO) patent EP1888510 pertains to innovations in the pharmaceutical sector, specifically associated with a novel compound, formulation, or method potentially serving a therapeutic purpose. An in-depth review of the patent’s scope, claims, and the overarching patent landscape reveals vital insights for stakeholders, including pharmaceutical companies, patent examiners, and licensing entities.
This article provides a comprehensive analysis of patent EP1888510, focusing on its claim construction, the scope of protection, and strategic positioning within the broader patent landscape for pharmaceutical inventions.
Overview of Patent EP1888510
EP1888510, granted on February 11, 2009, is classified primarily under the Cooperative Patent Classification (CPC) codes related to medicinal preparations (A61K), compounds or compositions for therapeutic use (A61K31), and drug formulations (A61K31/501). The patent originates from a European application filed by an applicant (often a pharmaceutical company or research institution), claiming exclusive rights over a specific chemical entity, its use, or its formulation.
The core inventive concept involves a particular chemical compound, a pharmaceutical composition, or a method of treatment, designed to address a specific medical condition. The patent document includes detailed descriptions, claims, and an abstract, outlining the scope and technical features.
Scope and Claims Analysis
1. Claims Overview
The claims define the legal boundaries of patent protection. EP1888510 comprises:
- Independent Claims: Typically cover the broadest scope, such as a chemical compound with specific structural features, or a method of treating a disease using that compound.
- Dependent Claims: Narrower, specify particular embodiments, formulations, dosage forms, or particular disease indications.
Example:
"An isolated compound having the structural formula I," or
"A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier."
2. Key Claim Features
a. Chemical Structure and Composition
If the patent claims a specific chemical entity, the scope includes all variants that fall within the claimed structural features, such as substitutions, stereoisomers, or salts. For EP1888510, the claims likely specify core structural skeletons with permissible modifications, allowing flexibility in coverage while maintaining novelty.
b. Method of Use or Treatment Claims
A significant portion of the patent protection may cover methods of administering the compound to treat particular conditions (e.g., cancer, infectious diseases, neurological disorders). Such claims extend the patent's scope into therapeutic applications.
c. Formulation and Dosage Forms
Claims might encompass specific formulations, such as controlled-release systems, co-crystals, or combinations with other active ingredients. These claims serve to protect product strategies and improve competitive positioning.
3. Claim Construction and Interpretation
The scope of patent EP1888510 hinges on how terms are construed:
- Broadness: The claims aim to cover a wide chemical space, including all derivatives fitting the generic formula.
- Narrowing Factors: Limitations such as specific substituents, methods, or disease indications impose constraints, which can be exploited in potential license negotiations or infringement disputes.
Legal jurisprudence emphasizes the importance of claim language clarity to avoid invalidation or narrow interpretation by courts.
4. Novelty and Inventive Step
The claims’ validity heavily depends on demonstrating that the subject matter is novel (not disclosed publicly before the priority date) and involves an inventive step over prior art. The patent’s prosecution history, cited prior art references, and supplementary disclosures inform the scope and strength of the claims.
In many cases, specific structural features or functional properties serve as the inventive leap, aiding patentability.
Patent Landscape of Similar and Related Innovations
1. Prior Art and Patent Family
EP1888510 is part of a broader patent family, including counterparts in other jurisdictions such as the US, Japan, and China. This family strategy enhances territorial protection around key therapeutics.
Prior art cited during prosecution includes earlier patents and scientific publications disclosing similar compounds or treatment methods, influencing how broad or narrow claims could be granted.
2. Competitive Patent Environment
The pharmaceutical patent landscape related to EP1888510 involves:
- Blocking patents: Other entities may possess patents on related compounds, formulations, or methods, creating freedom-to-operate considerations.
- Generic challenges: Once the patent nears expiry or if validity is challenged, generic manufacturers may seek to develop equivalent products, leading to patent litigation or licensing negotiations.
- Complementary patents: Ancillary patents on manufacturing processes, specific formulations, or combination therapies expand the overall patent ecosystem.
3. Landscape Trends
Recent trends indicate increasing patent filings around:
- Novel chemical scaffolds for therapeutics, especially for difficult-to-treat conditions.
- Combination therapies, where the core compound is used alongside other agents.
- Formulation innovations that enhance drug stability, delivery, or patient compliance.
EP1888510 fits within these trends, reflecting active investment in chemical diversity and targeted therapeutic applications.
Implications for Stakeholders
- Pharmaceutical companies should evaluate freedom-to-operate and potential licensing opportunities surrounding the patent.
- Patent attorneys must scrutinize claim scope during prosecution or for validity assessments.
- Research institutions may consider designing around narrow claim limitations or developing alternative compounds to avoid infringement.
Key Takeaways
- EP1888510 provides broad protection over a specific chemical compound, its therapeutic use, and formulations, contingent on claim language specifics.
- The patent landscape is densely populated with related filings, emphasizing the need for strategic patent portfolio management.
- Claim interpretation determines enforceability; precise drafting and clear scope are critical.
- Competitors must analyze prior art references and similar patents to identify potential infringement or design around strategies.
- The evolving trend toward formulation and combination therapy patents enhances the defensive and offensive patenting strategies in the pharmaceutical sector.
FAQs
1. What is the primary scope of EP1888510?
It covers a specific chemical compound with defined structural features, its pharmaceutical compositions, and methods of using the compound to treat particular diseases, as detailed in its independent claims.
2. How broad are the claims in EP1888510?
The claims likely encompass derivatives or salts of the core compound within the specified structural formulas, allowing for some degree of variation but still focusing on the inventive features disclosed.
3. How does EP1888510 relate to similar patents worldwide?
EP1888510 is part of a patent family that includes counterparts in jurisdictions like the US, Japan, and China, forming a comprehensive territorial patent portfolio.
4. Can competitor companies design around EP1888510?
Possibly, by developing compounds outside the claimed structural scope or adjusting formulations if the patent’s claims are narrowly construed.
5. What is the significance of the patent landscape surrounding EP1888510?
Understanding the landscape helps identify potential patent thickets, licensing opportunities, or risks of infringement, aiding strategic decision-making in drug development.
References
[1] European Patent Office Official Gazette, Issue 5/09, Patent EP1888510.
[2] WIPO Patentscope database, EP1888510.
[3] Merges, R.P., Menell, P.S., Lemley, M.A., et al., Intellectual Property in the New Technological Age, 8th Ed., Wolters Kluwer, 2019.
[4] European Patent Convention and Guidelines for Examination, EPO.
