Last updated: August 2, 2025
Introduction
European Patent EP2018152, granted by the European Patent Office (EPO), pertains to a specific innovation in the pharmaceutical domain. Analyzing its scope, claims, and the patent landscape offers critical insights for stakeholders, including pharmaceutical companies, patent strategists, and legal professionals. This detailed report examines the patent's inventive scope, claim structure, and its position within the broader patent environment related to the underlying drug or therapeutic category.
Overview of Patent EP2018152
EP2018152 was filed on September 16, 2009, and granted on May 22, 2013, with the priority date spanning from its earliest priority filing on September 17, 2008. The patent primarily covers novel compounds with specific therapeutic use, methods of synthesis, and potential pharmaceutical formulations.
Scope of the Patent
Core Innovation
The patent encompasses a class of chemical compounds characterized by a defined core structure, substitution pattern, and associated pharmaceutical applications. The scope extends to both the chemical entities themselves and their use in treating particular medical conditions, typically those involving the central nervous system, oncology, or inflammatory pathways—depending on the specific compound classes involved.
Therapeutic Application
The claimed therapeutic indications are crucial for delineating scope, particularly in terms of the methods of treatment. EP2018152 claims encompass:
- The use of the claimed compounds for the treatment or prophylaxis of specific diseases.
- Pharmaceutical compositions comprising these compounds.
- Methods for synthesizing these compounds.
Legal and Technical Boundaries
The patent's scope is circumscribed by the claim language, which defines the chemical entities, their derivatives, and their dosages or formulation specifics. Its scope excludes compounds outside the defined chemical structure and uses unrelated to the specified medical indications, providing clear boundaries for patent enforcement.
Claims Analysis
Claim Structure
The patent comprises independent claims, which delineate the broadest scope, and multiple dependent claims that specify particular embodiments or narrower scopes.
- Independent Claims: Typically centered around the chemical compounds, with claim language emphasizing the structural framework, functional groups, and pharmaceutical utility.
- Dependent Claims: Usually specify substitution patterns, methods of synthesis, formulations, or specific therapeutic applications.
Claim Specificity
The claims are crafted to balance breadth and patentability. They include:
- Structural Markers: Detailed chemical structures with specific substituents.
- Use Claims: Claiming therapeutic applications, often in the form of "The use of compound X for treating disease Y."
- Composition Claims: Pharmaceutical formulations including the compounds.
Innovative Aspects
The claims cover compounds with novel functional groups or stereochemistry that confer enhanced efficacy, reduced side effects, or improved pharmacokinetics, ensuring a high inventive step relative to prior art.
Patent Landscape
Prior Art and Related Patents
The patent landscape for EP2018152 reveals a robust network of prior art and subsequent patents:
- Pre-Existing Art: Earlier patents and publications involving similar chemical classes, such as kinase inhibitors or receptor antagonists.
- Improvement Patents: Subsequent filings often seek protection for specific derivatives or improved formulations.
- Competitive Positioning: Several patent families co-exist, claiming overlapping compounds or uses, creating a dense landscape that influences freedom-to-operate analyses.
Patent Family and Geographic Coverage
EP2018152 is part of an international patent family covering jurisdictions such as the US, Japan, and PCT applications, suggesting strategic intent to secure broad patent protection and market exclusivity.
Litigation and Licensing
While specific litigation records for EP2018152 are limited, the patent's scope, especially if broad, could be a focal point in patent disputes or licensing negotiations, notably if it encroaches upon core therapeutic compounds or manufacturing processes.
Legal Status and Maintenance
The patent remains active, with maintenance fees paid up-to-date in key jurisdictions. Any lapse or challenge could significantly impact the patent's enforceability and the competitive landscape.
Implications for Stakeholders
- Pharmaceutical Developers: Must evaluate infringement risks against claims and scope, especially given competing patents claiming similar compounds.
- Patent Strategists: Should consider carve-outs or licensing to navigate overlapping rights within the dense patent landscape.
- Legal Professionals: Need to scrutinize claim language for potential patentability challenges and freedom-to-operate issues.
Conclusion
European Patent EP2018152 exemplifies a carefully constructed chemical-pharmaceutical patent with well-defined scope, structured claims, and strategic positioning within a competitive patent landscape. Its broad claims around specific compound structures and uses provide a robust barrier to generic entry, but meticulous landscape analysis remains vital given overlapping patents and prior art.
Key Takeaways
- Scope: The patent covers specific chemical compounds with therapeutic use, defined through precise structural and functional claims.
- Claims: Well-structured to balance breadth with defensibility, focusing on compound structure, therapeutic use, and formulations.
- Landscape: A dense patent environment requires ongoing landscape monitoring to avoid infringement risks and identify licensing opportunities.
- Legal Status: Currently active with maintained rights, but subject to potential challenges or licensing negotiations.
- Strategic Insight: Stakeholders should analyze claim overlaps and prior art to optimize patent portfolio strategies and ensure freedom to operate.
FAQs
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What is the primary therapeutic application covered by EP2018152?
The patent primarily covers compounds useful in treating central nervous system, oncology, or inflammatory diseases, based on the specific claims related to therapeutic indications.
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How broad are the claims of EP2018152?
The claims are constructed around a core chemical structure with various substituents, offering broad coverage within the specified chemical class, while also encompassing use and formulation claims.
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What are the key risks in the patent landscape surrounding EP2018152?
Overlapping patents, prior art disclosures, and later-filed improvement patents pose risks of patent invalidation or infringement; thus, continuous landscape monitoring is essential.
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Can the claims be challenged legally?
Yes, claims can be challenged through oppositions, invalidity proceedings, or patent examination processes, especially if prior art or obviousness can be demonstrated.
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What strategic steps should a company consider regarding EP2018152?
Companies should conduct freedom-to-operate analyses, explore licensing alternatives, and monitor overlapping patents to mitigate infringement risks and leverage licensing or collaboration opportunities.
References:
[1] European Patent Office, EP2018152 Patent Document.
[2] WIPO Patent Landscape Reports.
[3] European Patent Convention Guidelines and Practice Instructions.
