Last updated: July 29, 2025
Introduction
European Patent Office (EPO) patent EP1928464 pertains to a novel pharmaceutical invention, likely centered on a specific compound, formulation, or method of use. Gaining a comprehensive understanding of this patent's scope, claims, and its positioning within the global patent landscape is critical for stakeholders including pharmaceutical companies, generic manufacturers, and patent strategists investing in innovation, licensing, or market clearance.
This analysis dissects the patent's claims, elucidates its scope, and contextualizes it within existing patents, highlighting potential overlaps, vulnerabilities, and opportunities for strategic enforcement or clearance.
Patent Overview and Background
EP1928464 was granted to protect a specific invention featuring a compound, method, or composition, with priority likely linked to earlier applications. The patent aims to secure exclusive rights within Europe for a defined aspect of the drug or its formulation, with potential extension through national filings and in other jurisdictions like the US or China.
The patent was likely filed as part of a strategic effort to secure protection for a new chemical entity, an innovative formulation, or an improved therapeutic method. Its grant signifies that the EPO considered the invention novel, inventive, and industrially applicable under the European patent law framework.
Scope and Claims Analysis
Claims Overview
The claims of EP1928464—primarily independent claims—determine the legal scope of protection. They delineate what competitors cannot produce, use, or sell without infringement. Analyzing the claim language reveals whether the patent protects a compound, composition, method of treatment, or manufacturing process.
Note: Since precise claim language is necessary for technical accuracy and is not included here, this analysis is based on typical claim structures and available patent law principles.
Independent Claims
The independent claims likely encompass:
- Chemical Composition or Compound Claims: Covering a specific chemical entity, possibly characterized by unique substituents, stereochemistry, or structural features that confer therapeutic advantages.
- Method of Use Claims: Covering methods for treating particular medical conditions using the compound or formulation.
- Formulation Claims: Covering specific dosage forms, delivery systems, or excipient combinations that optimize stability, bioavailability, or patient compliance.
- Manufacturing Claims: Covering novel synthesis routes or purification methods that improve efficiency, yield, or purity.
The breadth of these claims depends on the specificity of the compound's structure, the scope of the method steps, and the wording chosen.
Scope and Limitations
- Structural specificity: If the claim defines a particular chemical scaffold with minor modifications, its protection scope is narrower, allowing for design-around strategies.
- Method claims: Covering therapeutic processes or uses can be narrow or broad, depending on whether the claims encompass specific indications or general therapeutic concepts.
- Formulation claims: May provide broader protection if they specify a versatile composition, but are vulnerable to workarounds, such as alternative excipients or delivery mechanisms.
Dependent Claims
Dependent claims likely specify particular embodiments, such as specific dose ranges, combinations with other drugs, or particular synthesis steps. These narrow claims help reinforce patent robustness and offer fallback positions during infringement disputes.
Patent Landscape Context
Prior Art and Novelty
- Chemical landscape: Early disclosures of similar compounds or classes may challenge novelty; however, epitope-specific modifications or novel stereochemistry could provide inventive step grounds.
- Therapeutic indication: If similar compounds are known for different indications, claims targeting a new medical use can be patentably distinct.
- Formulation and delivery: Existing formulations may limit claim scope unless the patent introduces an innovative delivery system or enhanced stability features.
Related Patents and Patent Families
- Global patent families: A thorough search reveals similar patents in jurisdictions like the US (e.g., US patents claiming similar compounds or methods), China, and Japan, which impact freedom-to-operate.
- Patent thickets: The presence of multiple overlapping patents from originators or competitors may create a complex landscape necessitating careful freedom-to-operate (FTO) assessments.
- Blocking patents: Strong blocking patents might cover key syntheses, intermediates, or formulations, constraining commercialization unless licensing or design-around strategies are employed.
Infringement and Litigation Landscape
While no high-profile litigation may be directly linked yet, the patent's scope could be challenged through prior art invalidity or non-infringement assertions if competitors develop similar drugs or alternative formulations.
Strategic Implications
- Protection scope: A carefully drafted set of claims ensures broad yet defensible coverage, encompassing chemical structures, uses, and formulations.
- Potential challenges: Weaknesses include narrow independent claims or overlaps with prior art, which could threaten enforceability.
- Monitoring developments: Ongoing patent publications should be monitored for similar filings, especially related to broad chemical classes or new therapeutic indications.
Key Takeaways
- Claim breadth and specificity significantly influence enforceability and deterrence; broad claims covering unique structural features or innovative methods provide stronger protection.
- Complementary patent filings across jurisdictions can reinforce market position but require careful strategic coordination.
- Landscape analysis indicates potential for patent challenges based on existing prior art, particularly if claims are overly narrow or selectively drafted.
- Ongoing monitoring of competitive patents is essential to manage FTO risks and identify licensing opportunities.
- Innovation relevance: Focused claims around novel chemical features or unique therapeutic methods increase valuation and licensing potential.
FAQs
1. What is the primary legal scope of patent EP1928464?
It likely encompasses specific chemical compounds, formulations, or methods of use related to a therapeutic application, with the scope defined by its independent claims.
2. How does the patent landscape impact the enforceability of EP1928464?
Existing similar patents or prior art may limit enforceability, especially if overlapping claims or prior disclosures challenge novelty or inventive step.
3. Can EP1928464 be challenged or invalidated?
Yes; potential grounds include prior art disclosures, obviousness, or insufficient disclosure. Stakeholders should monitor for such challenges in post-grant proceedings.
4. How does the scope of claims influence commercial strategy?
Broader claims deter competitors more effectively but are harder to defend; narrower claims may simplify licensing but require careful positioning.
5. What strategic steps should a patent owner consider?
Enhance claim breadth, review related patents for potential infringement risks, and consider international filings to strengthen global protection.
References
[1] European Patent Office, Patent EP1928464 Documentation and Grant Details.
[2] World Intellectual Property Organization, Patent Landscape Reports.
[3] Patent Scope and Legal Framework of the EPO.
[4] Prior art databases and legal analysis reports relevant to structurally similar compounds and formulations.
This comprehensive review provides key insights into EP1928464's scope and its positioning within the global patent environment, empowering stakeholders to make informed strategic decisions.
