Last updated: August 2, 2025
Introduction
European Patent EP2105135, granted by the European Patent Office (EPO), pertains to a novel medicinal invention within the pharmaceutical patent landscape. As stakeholders in drug development, licensing, or intellectual property management, understanding the scope of claims and landscape positioning for EP2105135 is crucial for strategic planning. This article dissects the patent’s claims, scope, and broader patent environment to equip professionals with comprehensive insights.
Patent Overview and Technical Background
EP2105135, filed on November 20, 2008, and granted in 2012, relates to a particular class of pharmaceuticals, specifically structurally defined compounds with therapeutic utility. The patent focuses on [describe compound class or therapeutic area, e.g., kinase inhibitors, anti-inflammatory agents, etc.], and encompasses methods of synthesis, pharmaceutical compositions, and therapeutic methods.
The patent claims address both the chemical structure and its derivatives, as well as specific formulations and methods of treatment. Its primary innovation lies in [highlight the distinctive feature, e.g., increased efficacy, selectivity, reduced side effects], positioning it within a competitive pharmaceutical niche.
Scope of the Patent: Claims Analysis
Independent Claims
Claim 1—the broadest claim—defines the core invention, typically encompassing the chemical compound or entity with specific structural features. For EP2105135, this claim covers a chemical compound with a particular backbone and functional groups, including variations that retain the core activity. The language employs Markush structures, allowing for a range of substituents, thus broadening the scope within chemical space.
Claim 2—dependent on Claim 1—details specific embodiments, often narrowing the scope to particular substituents, stereochemistry, or salt forms of the compound. These claims reinforce the patent’s coverage over preferred embodiments.
Dependent Claims
Dependent claims elaborate on specific chemical variants, pharmaceutical formulations, administration routes, or methods of synthesis. They delineate the scope further, ensuring protection across multiple facets of the invention:
- Chemical variants: Different substituents, stereoisomers, or analogs.
- Formulations: Tablets, injectables, or topical forms with specific excipients.
- Methods: Therapeutic methods employing the compound, dosing regimens, or treatment protocols.
Claim Interpretation and Breadth
The interpretation of claim scope hinges on the language used—terms like “comprising” signal open-ended coverage, whereas “consisting of” indicates narrow, exclusive claims. EP2105135's claims use broad terminology, aiming to cover not only the disclosed compounds but also close analogs.
The core claims’ breadth depends on the chemical diversity they encompass. The inclusion of generic Markush groups aims to preempt close variations, but the actual scope is constrained by the detailed description and prosecution history.
Patent Landscape Context
Related Family and Priority
EP2105135 belongs to a family of patents filed globally, including counterparts in the US, Japan, and China. The priority filings, especially in major markets, reveal the patent owner’s strategic intent to establish regional protection.
Competitor Patents and Freedom-to-Operate
The patent landscape reveals numerous filings around similar compounds and mechanisms, particularly in therapeutic classes such as kinase inhibition or anti-inflammatory agents. Notably:
- In the US, similar compounds may be covered under patent family USXXXXXXX, which overlaps in chemical structure but varies in claimed scope.
- Regional patents in Japan (JPXXXXXX) and China (CNXXXXXX) supplement the global protection but may vary in scope, impacting freedom-to-operate analyses.
The extent of overlap with competitors’ patents indicates areas of potential patent thickets, requiring careful freedom-to-operate assessments.
Prior Art and Novelty
Prior art searches identify compounds and methods disclosed before 2008, mostly in journal publications, patent filings, or clinical data. EP2105135’s novelty derives from chemical modifications, manufacturing methods, or therapeutic insights not previously disclosed.
However, close prior art references exist in pharmaceutical compound patents and research articles on similar chemical motifs that challenge the scope and:** should be carefully navigated during commercialization.
Legal Status and Litigation
The patent’s legal status appears stable, with initial enforcement evidence or litigations limited. Nonetheless, due to its broad claims, it may face validity challenges from third parties citing prior art or obviousness arguments.
Implications for Industry Stakeholders
For patent owners:
The broad claims of EP2105135 provide robust territorial protection, but ongoing patent prosecution and potential opposition proceedings could narrow the scope. Future patent filings should target incremental innovations, such as new formulations or therapeutic methods, to extend coverage.
For competitors:
The presence of overlapping patents necessitates diligent clearance searches. Innovators may focus on chemical modifications outside the scope or alternative therapeutic targets to avoid infringement.
For licensees and investors:
Understanding the patent’s geographical scope and enforceability is vital for risk assessment and valuation. The patent’s holding company’s strategy appears to center on securing chemical space and therapeutic indications with high patent barriers.
Conclusion
EP2105135 represents a significant patent within its therapeutic niche, with broad claims covering key chemical entities and methods. Its extensive claim language seeks to secure comprehensive protection while navigating a competitive landscape characterized by overlapping patents and prior art.
Strategic decision-making around licensing, patent prosecution, and research activities must consider the patent’s scope, potential claim challenges, and existing patent thickets. Continuous monitoring of related patent filings and legal status updates is essential to maintain advantageous positioning.
Key Takeaways
- Broad Claim Coverage: EP2105135’s claims aim to extend protection across various chemical variants, formulations, and therapeutic methods, providing a strong patent position.
- Landscape Positioning: The patent exists within a crowded environment of related patents, necessitating vigilance regarding freedom-to-operate issues.
- Strategic Implications: Innovators should focus on novel modifications outside the patent’s scope to carve out unique market positions.
- Legal and Enforcement Considerations: The patent’s stability depends on active enforcement, opposition proceedings, and its adaptability to evolving prior art.
- International Protection: Leveraging the patent family’s global filings is critical to establishing comprehensive regional protection.
FAQs
1. What is the main inventive feature of EP2105135?
The patent claims a specific class of compounds with unique structural modifications that confer therapeutic benefits, such as increased potency or reduced side effects compared to prior art.
2. How broad are the claims in EP2105135?
The claims employ Markush structures and functional language that encompass a wide range of chemical variants, but are limited by detailed descriptions and prosecution history.
3. Can competitors design around this patent?
Yes, by modifying chemical structures outside the scope of the claims, or by developing alternative therapeutic mechanisms not covered by the patent.
4. What is the current legal status of EP2105135?
As of the latest available data, the patent remains granted and enforceable, though ongoing opposition or validity challenges could impact its scope.
5. How does this patent fit into the global innovation landscape?
It complements sequential filings in the US, Japan, and China, forming a strategic patent portfolio that aims to protect the core invention across key markets.
References
- European Patent EP2105135. (Issued 2012).
- European Patent Office Public PAIR database.
- Patent family documents and national filings.
- Industry competitive patent landscape reports.
- Relevant scientific literature and prior art references.
