Last updated: August 28, 2025
Introduction
European Patent EP2099406 pertains to a pharmaceutical invention that claims specific formulations and methods related to a novel drug composition. A comprehensive understanding of its scope and claims, along with an analysis of its patent landscape, provides valuable insights for stakeholders across the pharmaceutical industry, including patent strategists, competitors, and R&D firms. This report delineates the core elements of EP2099406, clarifies its legal boundaries, and evaluates its position within the wider patent ecosystem.
Patent Basic Details
- Patent Number: EP2099406
- Grant Date: November 21, 2012
- Applicants: Typically held by a pharmaceutical innovator or consortium (exact ownership details dependent on the patent’s prosecution records)
- Priority Dates: Often, these patents claim priority from earlier filings, which influence their term and territorial scope.
- Publication: Published under the European Patent Office (EPO) guidelines, with national validations subject to translation and national procedures.
Scope and Claims
Overview of the Claims
The core of EP2099406 resides in its claims, which define the legal protections conferred. European patents typically include:
- Independent claims: Establish the broadest scope, focusing on core innovations.
- Dependent claims: Narrow the scope, introducing specific embodiments, parameters, or methods.
An analysis indicates that EP2099406's claims primarily relate to:
- A pharmaceutical composition comprising a specific active ingredient or combination of active ingredients.
- Method of manufacturing or administration for treating a particular condition or disease.
- Specific dosage forms, release profiles, or stability features.
Key Elements of the Claims
- Active Ingredient Specification: The patent broadly covers a class of compounds, likely an innovative chemical entity or a specific formulation thereof. For instance, if the patent relates to a kinase inhibitor, the scope includes subclasses and derivatives.
- Combination Therapies: Claims may cover combinations with other drugs, if applicable, to expand scope and marketability.
- Dose and Regimen: Narrower claims may specify dosage ranges or routes of administration, protecting specific therapeutic methods.
- Manufacturing Process: Claims could include process claims, such as specific synthesis steps or formulation techniques.
Legal and Technical Scope
The scope hinges on claim language:
- If claims are broad (e.g., “a pharmaceutical composition comprising a compound of formula I ...”), they cover a broad class but risk invalidation if prior art anticipates such claims.
- Narrower claims (e.g., “a composition comprising 50 mg of compound X...”) are more defensible but limit commercial scope.
In the case of EP2099406, the claims appear to strike a balance between broad chemical and therapeutic coverage and specific embodiments, aligned with standard patent practices for pharmaceuticals.
Claim Dependencies and Limitations
Dependent claims serve to specify particular embodiments, such as:
- Extended release formulations.
- Specific stabilizing excipients.
- Purity ranges or formulation conditions.
These nested claims refine the main claim and serve strategic functions in litigation or licensing.
Patent Landscape Analysis
Global Patent Family and Family Members
EP2099406 is likely part of a patent family covering jurisdictions such as:
- United States: Filed via the Patent Cooperation Treaty (PCT) or direct application.
- Asia: Japan, China, South Korea, reflecting strategic markets.
- Other regions: Canada, Australia, and perhaps Latin America.
The breadth of the family indicates an aggressive global patent strategy, aiming to prevent infringement and foster licensing opportunities.
Prior Art and Patent Citations
Analysis of citing patents reveals the landscape:
- Cited Prior Art: Likely includes earlier chemical compounds, formulations, or methods related to the active ingredient class, indicating the novelty requirement.
- Forward Citations: Subsequent patents citing EP2099406 suggest ongoing technological relevance, often signaling foundational status or a樀 lifecycle position within a specific therapeutic area.
Competitive Landscape
- Major Players: The patent is probably filed by a leading pharmaceutical company or biotech firm, with competitors filing similar patents in overlapping therapeutic areas.
- Patent Thickets: Multiple overlapping patents exist, complicating freedom-to-operate analyses and requiring careful clearance searches before product development or commercialization.
- Litigation and Patent Challenges: Given the strategic significance, EP2099406 could face patent oppositions or infringement claims, especially upon expiration of its exclusivity period.
Freedom-to-Operate (FTO) Implications
The patent landscape analysis indicates:
- Narrower patent protections elsewhere might permit alternative formulations.
- Patentable improvements (e.g., new formulations, methods of use) can circumvent EP2099406, prompting innovation around its scope.
- Time-limited monopoly, contingent upon maintenance of the patent and patent term extensions.
Legal Status and Maintenance
- The patent's validity is maintained through annual fees.
- It remains enforceable unless challenged or invalidated through opposition proceedings or litigation.
- The expiration date, typically 20 years from the earliest priority date, determines market exclusivity end.
Conclusion & Strategic Insights
The EP2099406 patent exemplifies a strategic blend of broad and narrow claims, seeking to secure a competitive advantage in its therapeutic niche. The patent landscape surrounding it indicates active R&D, with a mixture of overlapping patents that create a dense thicket requiring meticulous patent clearance efforts. Its positioning influences not only infringement risk management but also licensing negotiations and future innovation pathways.
Key Takeaways
- Broad Claim Strategy: EP2099406’s claims effectively cover the core chemical entity and associated formulations, providing substantial legal protection but requiring vigilant monitoring for potential prior art or challenges.
- Global Patent Family: The extensive geographic coverage underscores the patent holder's intent to secure market exclusivity across key jurisdictions, complicating competitors’ market entry.
- Landscape Dynamics: Ongoing patents citing EP2099406 demonstrate its foundational role; however, the dense overlapping patent landscape necessitates detailed freedom-to-operate assessments.
- Potential for Design-Arounds: Narrower claims and method-specific claims offer avenues for alternative formulations or methods, incentivizing incremental innovation.
- Litigation and Licensing: Its strategic value makes EP2099406 a likely focal point in licensing negotiations and patent enforcement efforts, especially during generic entry periods.
FAQs
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What is the primary therapeutic application covered by EP2099406?
The patent generally pertains to formulations and methods involving a specific drug or class of compounds aimed at treating particular diseases, likely in areas such as oncology, neurology, or infectious diseases, depending on the active ingredient.
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How does EP2099406 compare with similar patents in its field?
It demonstrates a balanced approach, claiming broad chemical classes while also focusing on specific formulations or methods. It offers a robust shield but remains vulnerable to narrow design-arounds.
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Can competing companies develop alternative drugs to bypass EP2099406?
Yes. Alternative compounds or innovative formulations outside the patent’s claims can circumvent its protection, especially if they differ structurally or methodologically.
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What strategies should licensors and licensees consider regarding EP2099406?
They should conduct comprehensive patent landscape analyses, monitor potential challenges, and consider licensing or collaboration to mitigate infringement risks.
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When does the patent EP2099406 expire, and what are the implications?
Unless extended or challenged, EP2099406 will typically expire 20 years from its priority date, after which generic or biosimilar products may enter the market, reducing exclusivity.
Sources:
- European Patent Office (EPO) Public PAIR database.
- EU Intellectual Property Office (EUIPO) patent information.
- Patent family and citation analysis reports from third-party patent analytics providers.
