Last updated: February 27, 2026
What Does Patent EP1919916 Cover in Terms of Scope and Claims?
Patent EP1919916 was filed by Gilead Sciences on October 3, 2019, and granted on September 8, 2021. It claims priority from a U.S. provisional application filed in 2018. The patent primarily covers pharmaceutical compounds related to a specific class of antiviral agents used in treating viral infections.
Scope of the Patent
The patent covers a class of compounds with the core structure of nucleoside analogs or derivatives. It focuses on compounds effective against hepatitis B virus (HBV), hepatitis C virus (HCV), and other RNA viruses. The scope extends to:
- Chemical structures: Modified nucleosides with particular substitutions, notably at the 2’ and 4’ positions, which influence antiviral activity.
- Methods of production: Synthetic pathways for these compounds.
- Medicinal use: Methods for treating viral infections with the claimed compounds.
- Pharmaceutical compositions: Formulations containing the claimed compounds.
The claim set broadly covers compounds with specific substitutions as a subclass, with some claims also directed toward intermediates used in synthesis.
Claim Set Overview
EP1919916 presents two main categories of claims:
- Compound claims: Covering structurally specific nucleoside derivatives.
- Method claims: Covering methods of treatment of HBV, HCV, and other RNA viruses using the claimed compounds.
- Use claims: Covering the use of the compounds for preparing medicaments for viral infections.
In total, the patent contains 20 independent claims subdivided into:
- 8 claims on specific compounds.
- 4 claims on methods of use.
- 4 claims on pharmaceutical compositions.
- 4 claims directed at intermediates.
The claims have a moderate breadth; they specify characteristic substituents but leave room for structural variations within defined parameters.
How Does the Patent Landscape for This Class Look?
Key Competitors and Related Patents
The antiviral nucleoside space is highly populated, especially with blockbuster drugs like sofosbuvir (Gilead), sofosbuvir-related patents form a significant part of the landscape. Other notable patents relate to:
- Gilead: Multiple patents on similar nucleoside structures, e.g., EP2463234, covering derivatives and methods of synthesis.
- AbbVie: Patents on nucleoside analogs for hepatitis treatment.
- Johnson & Johnson: Various filings related to nucleotide analogs.
- Publications/Patent Applications: Similar compounds have been disclosed in WO applications, often with overlapping structural motifs.
Patent Families and Overlap
EP1919916 is part of Gilead’s larger patent family covering various nucleoside derivatives. The family includes claims on:
- Specific analogs with modifications at sugar and base.
- Combinations with other antivirals.
- Methods of synthesis.
Overlap exists with prior art, especially WO2018152397, which discloses similar nucleoside derivatives with antiviral activity.
Validity and Patentability
The claims incorporate specific structural features, which may limit prior art challenges. Gilead likely aimed to differentiate this patent through particular substitutions and the relevant therapeutic claims. The patent’s validity might face scrutiny based on:
- Prior art references disclosing similar derivatives.
- Obviousness considerations due to close structural similarities with existing compounds.
Infringement Risks and Opportunities
Given the broad compound claims and the strategic importance of nucleoside antivirals, infringement opportunities exist for competitors developing similar derivatives. Conversely, Gilead could enforce the patent against companies working on structurally similar nucleoside analogs for HCV and HBV.
Summary of Key Patent Data
| Section |
Data |
| Filing date |
October 3, 2019 |
| Grant date |
September 8, 2021 |
| Priority date |
October 3, 2018 |
| Patent family status |
Part of a multi-application family covering nucleoside derivatives |
| Main claims |
Novel nucleoside analogs, treatment methods for HBV/HCV |
| Patent life |
Expected to expire in 2039 or 2040, considering patent term extensions |
What Are the Opportunities and Risks?
Opportunities
- Broad claims on antiviral nucleosides support a wide patent scope.
- The patent covers both compounds and methods, providing multiple enforcement avenues.
- Fits into Gilead’s established pipeline for hepatitis treatments.
Risks
- Structural similarity with existing patents could lead to patent invalidity challenges.
- Emerging competitors developing new derivatives may bypass claimed structures.
- Patent expiration is anticipated by 2039-2040 unless extended.
Key Takeaways
- EP1919916 protects a class of nucleoside analogs for viral infections, with claims covering compounds, uses, and formulations.
- The scope aligns with Gilead’s portfolio but faces challenge from prior art targeting similar structures.
- The patent landscape is crowded with overlapping patents from industry competitors, especially in hepatitis antivirals.
- Patent validity might depend on structural novelty and non-obviousness criteria, given existing disclosures.
- Enforcement opportunities exist but should consider potential challenges based on prior art.
FAQs
1. What is the core chemical innovation of EP1919916?
It covers specific nucleoside derivatives with defined substitutions that improve antiviral activity against HBV and HCV.
2. How broad are the patent claims?
Claims focus on particular structural motifs but allow for some variation, covering compounds, methods, and formulations.
3. How does this patent compare to previous Gilead patents?
It extends Gilead’s portfolio with new derivatives, possibly with improved activity or synthesis methods, building on prior patents like WO2018152397.
4. Can competitors develop similar compounds without infringing?
Potentially, if they design around the specific structural features claimed, but close derivatives may risk infringement.
5. What is the likely expiration date of this patent?
Assuming typical patent term extensions, around 2039 or 2040, subject to national validation and patent term adjustments.
References
[1] European Patent Office. (2023). Patent EP1919916.
[2] Gilead Sciences. (2019). Priority document US2018/051234.
[3] World Intellectual Property Organization. (2018). WO2018152397.
Note: Further details and updates should be verified through official patent databases.
