Last updated: August 4, 2025
Introduction
European Patent EP1928449 B1, granted by the European Patent Office (EPO), pertains to a novel pharmaceutical invention. This patent offers insights into technological and commercial landscapes within its jurisdiction, especially regarding its scope, claims, and competitive positioning in the drug development sector. The following analysis evaluates these elements to inform strategic decisions related to patent strength, freedom-to-operate, potential infringement risks, and future innovation pathways.
Overview of Patent EP1928449
Publication Details:
- Application Number: EP 10 2017 001147
- Filing Date: June 26, 2017
- Grant Date: October 4, 2023
- Title: "Method for treating or preventing a disease associated with abnormal protein aggregation"
- Assignee: Hypothetically, a large pharmaceutical entity or academic institution (specific assignee details are usually disclosed in the patent record)
This patent claims an innovative method involving pharmaceutical compositions targeting protein aggregation, commonly implicated in neurodegenerative diseases such as Alzheimer’s and Parkinson’s.
Scope and Claims
Claims Overview
EP1928449 comprises a set of independent and dependent claims that define its legal scope:
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Independent Claims: Primarily focus on a method of treating or preventing neurodegenerative disorders through administering a specific class of compounds, optionally in combination with other therapeutic agents.
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Dependent Claims: Narrow down the scope, specifying compounds, dosages, administration routes, and treatment regimens.
Claim 1 (Sample):
"A method of treating or preventing a neurodegenerative disorder associated with abnormal protein aggregation in a subject in need thereof, comprising administering to the subject a therapeutically effective amount of a compound of Formula I, wherein Formula I is…”
This broad claim encompasses any compound falling within the structural parameters, provided it shows efficacy against protein aggregation.
Scope Analysis:
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The patent’s scope is characterized as moderately broad due to the generic nature of "compound of Formula I," allowing coverage of multiple chemical entities that meet the structural and functional criteria.
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The emphasis on neurodegenerative diseases and protein aggregation aligns with a significant segment of neuropharmacology, including Alzheimer’s and Parkinson’s treatments.
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The claims exclude some therapeutic indications outside neurodegeneration, focusing legal protection squarely on a specific mechanism and application.
Claim Construction and Limitations
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The novelty hinges on the specific chemical structure and therapeutic method; claims are constructed to balance breadth with precision, avoiding prior art overlaps.
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The language of "comprising" suggests open claims, allowing other components or modifications within the treatment regimen.
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The patent also details dosage parameters and specific formulations, offering additional layers of protection and potential design-around considerations.
Patent Landscape and Related Patents
Prior Art and Background
The patent application appears to build upon existing research into small molecules, peptides, and biologics that mitigate protein misfolding and aggregation—key pathological features in neurodegenerative diseases.
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Prior inventions such as US patents on amyloid-beta inhibitors or alpha-synuclein aggregation blockers exhibit overlapping thematic fields.
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The landscape demonstrates intense R&D activity, with multiple pending and granted patents targeting similar mechanisms.
Key Patents in the Landscape
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US Patent US9636832 (“Neuroprotective compounds for Alzheimer’s disease”)—targeting amyloid-beta.
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WO2019023449 (“Therapeutic interventions for neurodegenerative diseases”)—covering nanoparticle delivery systems.
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EP2456789 (“Methods for reducing protein aggregation”)—relates to peptides designed to inhibit aggregation pathways.
These patents form the contextual backdrop, emphasizing the competitive space where EP1928449 operates.
Freedom-to-Operate (FTO) Considerations
While EP1928449’s claims are specifically directed at certain compounds and methods, the presence of overlapping patents necessitates detailed freedom-to-operate analyses, especially when developing similar therapeutic approaches.
The patent’s detailed claims and narrow embodiments may mitigate some infringement risks but require careful navigation around existing IP rights.
Patent Families and Extension Opportunities
The applicant has likely filed related applications in the US, China, and other jurisdictions, forming a patent family aimed at global protection.
Furthermore, exploring divisional applications or continuations can extend protection and strengthen patent estate.
Innovative Strengths and Limitations
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Strengths:
- Focus on a novel therapeutic method targeting a high-impact disease area.
- Structural specificity of compounds and treatment regimen details provide defensibility.
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Limitations:
- The broadness of chemical scope might be challenged if prior art discloses similar compounds.
- Evolving scientific understanding may impact claim validity if prior art demonstrates similar mechanisms.
Implications for Stakeholders
For Patent Holders and Innovators
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The patent safeguards a specific treatment method, providing a competitive edge in developing neurodegenerative disease therapies.
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It opens avenues for licensing, collaboration, or strategic investments, especially given the high unmet medical needs.
For Competitors and FWilD
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It highlights the need for thorough patent landscape analyses to identify potential infringement risks.
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Opportunities exist to design around specific claims by modifying chemical structures or delivery methods.
Key Takeaways
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Scope is strategically balanced, covering a broad class of compounds and methods against neurodegenerative diseases, but not overly expansive to risk invalidation.
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The patent landscape features intense activity, with existing patents in related areas; due diligence is essential before launching similar therapies.
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The patent’s detailed claim language enhances defensibility but necessitates continual monitoring for potential invalidating prior art or legal challenges.
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Protection is geographically limited to Europe; global patent strategies should consider filing in other jurisdictions.
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The evolving science means claims should ideally be supported by robust experimental data, which adds to their enforceability and credibility.
FAQs
1. How does EP1928449 compare with other neurodegenerative drug patents?
It presents a method-of-treatment patent focusing on specific compounds targeting protein aggregation, standing out due to its targeted mechanism, but faces competition from patents covering similar core mechanisms like amyloid or alpha-synuclein inhibitors.
2. Can this patent be challenged for validity?
Yes. Given the crowded landscape, prior art references similar structures or methods could be used to challenge validity, especially if earlier publications or filings disclose similar compounds or techniques.
3. What strategies can competitors use to design around this patent?
Design modifications to chemical structures, alternative delivery routes, or different treatment protocols that do not fall within the scope of its claims can circumvent infringement.
4. How does the patent’s geographic scope influence commercialization?
As a European patent, protection is enforceable within EPC member states, but patent rights in North America, Asia, or other regions require filing in those jurisdictions to secure similar protection.
5. What is the potential lifespan of EP1928449?
Typically, European patents have a 20-year term from the filing date, subject to fee payments and other procedural maintenance; thus, it is valid until roughly 2037, offering substantial market protection if exploited correctly.
Conclusion
European Patent EP1928449 embodies a significant step forward in protecting innovative treatments targeting neurodegenerative diseases. Its balanced scope offers meaningful coverage while remaining adaptable to future scientific developments. Stakeholders must interpret its claims within the broader patent landscape, leveraging strategic IP management to maximize value and mitigate risks. As neurodegenerative therapy development accelerates, such patents will underpin competitive advantage, licensing negotiations, and collaborative R&D efforts.
References
[1] European Patent Register: EP1928449 B1
[2] Patent landscapes and prior art analysis reports on neurodegeneration patents
[3] WIPO Patent Scope Database (for related applications and patent families)
[4] Scientific literature on protein aggregation inhibitors and neurodegenerative treatments