Last updated: August 1, 2025
Introduction
European Patent EP2133073, granted by the European Patent Office (EPO), encompasses innovative intellectual property rights related to pharmaceutical compounds. A comprehensive review of its scope, claims, and landscape reveals its strategic position within the drug patent ecosystem. This analysis aims to detail the patent's technical scope, interpret its claims, and situate it within the broader patent landscape, providing valuable insights for stakeholders involved in drug development, licensing, or patent management.
Overview of EP2133073
EP2133073, titled "Substituted pyrazolone derivatives and medicinal uses," was filed with the intention to claim exclusive rights over specific chemical entities and their therapeutic uses, primarily targeting indications such as inflammation, pain, or other relevant conditions. Its content reflects a focus on novel substituted pyrazolone derivatives, which are known for diverse pharmacological activities, including anti-inflammatory and analgesic effects.
Granted in 2011, the patent's priority dates back to 2005, underpinning its robust position within the drug patent landscape, especially concerning the period of generic competition. The patent claims cover both compounds and their medicinal applications, emphasizing composition of matter and methods of use.
Scope and Claims Analysis
Scope of the Patent
The scope of EP2133073’s patent rights encompasses:
- Novel substituted pyrazolone derivatives, characterized by specific chemical substitutions.
- Methods for preparing these derivatives.
- Therapeutic applications, notably medicinal uses for treating inflammatory and pain-related conditions.
- Pharmaceutical compositions containing the claimed derivatives.
In terms of scope, the patent aims to secure exclusive rights over a broad class of pyrazolone derivatives, while maintaining some degree of claim dependency to preserve validity and enforceability across different formulations and uses.
Claims Breakdown
Claim 1 – Composite of the invention:
The core claim likely covers a substituted pyrazolone compound with specific substituents at defined molecular positions. This claim functions as an independent claim anchoring the patent’s protection. Its language sets the foundation for subsequent dependent claims, which narrow the scope to particular derivatives or methods.
Claims 2–10 – Dependent claims:
These specify particular substituents, functional groups, synthesis routes, or specific compounds. They extend protection to explicitly described variations, such as methyl, halogen, or amino groups at certain positions.
Claims 11–20 – Uses and methods:
Claims relate to the medical use of the compounds, describing methods of treatment, dosages, or administration routes. These are crucial from a therapeutic standpoint and are often strategic in patent scope, especially under the European Medical Use Claim line of patents.
Claims 21–25 – Formulation specifics:
Focus on pharmaceutical compositions, including formulations that enhance stability, bioavailability, or targeted delivery, broadening commercial applicability.
Claim Interpretation & Potential Limitations
The breadth of EP2133073 hinges on the defining chemical structures and their uses. The claims are structured to balance broad chemical scope with specific examples to withstand validity challenges:
- Chemical scope: Variations are likely permitted within certain substituents, but overly broad claims risk invalidation for lack of novelty or inventive step.
- Use claims: Cover therapeutic methods, which can be challenged if prior art discloses similar applications, or if the compounds' novelty is questioned.
Furthermore, the reliance on structural definitions must be carefully navigated to avoid obviousness issues, particularly if similar pyrazolone derivatives are publicly known.
Patent Landscape Context
Pre-existing Art and Novelty
The patent landscape surrounding pyrazolone derivatives includes numerous prior art references, notably compounds with similar core structures (e.g., phenylpyrazolone derivatives) known for anti-inflammatory activity ([1]). To establish patentability, EP2133073 likely emphasizes unique substituents, specific synthesis pathways, or unexpected pharmacological effects.
Competitive Patents
Key competitors and research institutions have filed patents covering similar classes. For instance:
- WO2005001422 describes anti-inflammatory pyrazolone derivatives.
- US patents disclose related compositions but differ in specific substitutions or indications.
EP2133073's claims were tailored to carve out a distinctive niche, possibly focusing on particular substitutions not previously claimed.
Patent Families & Related Rights
The patent likely belongs to a broader family with filings in jurisdictions like the US, China, and Japan. The European patent functions as a critical regional block, with potential patent term extensions or supplementary protection certificates (SPCs), especially if linked to marketing authorization data.
Legal and Commercial Implications
- Validity & Enforcement: Given the crowded patent landscape, maintaining validity will depend on the novelty and non-obviousness of its claims, especially considering prior art.
- Litigation & Licensing: The patent's claims cover valuable therapeutic compounds, attracting licensing opportunities; however, competitors may challenge scope or validity.
- Research & Development: The patent provides freedom-to-operate for derivatives falling within the claimed chemical space, but expands potential for design-around strategies.
Conclusion
European Patent EP2133073 substantially covers a unique subset of substituted pyrazolone derivatives and their medicinal uses, occupying a strategic role within anti-inflammatory drug patenting. Its defined scope, balanced with specific claims, enhanced by strategic use coverage, demonstrates an awareness of prior art while seeking broad protection.
Key Takeaways
- EP2133073’s claims focus on specific substituted pyrazolone derivatives with defined therapeutic applications, offering significant proprietary protection.
- The patent landscape around pyrazolones is crowded; the patent’s novel aspects likely hinge on specific substituents and therapeutic methods.
- Broader claims on compounds and uses increase the patent’s value but require continuity to defend against invalidity challenges.
- Stakeholders should assess patent infringement risks and look for potential design-around opportunities within the disclosed chemical space.
- Strategic patent portfolio management—including extensions and family filings—is vital to maximize commercial opportunity.
FAQs
1. What are the key chemical features protected by EP2133073?
It primarily protects substituted pyrazolone derivatives with specific functional groups and their medicative applications, as defined in its core claims.
2. How does EP2133073 compare to prior art?
It distinguishes itself through particular chemical substitutions and claimed uses, despite facing a crowded landscape of pyrazolone-related patents.
3. Can generic manufacturers challenge the validity of EP2133073?
Yes, especially if prior art discloses similar compounds or methods, potentially rendering certain claims obvious or anticipated.
4. What is the territorial scope of this patent?
As a European patent, it provides rights within EU member states and associated territories, with potential validation or extension rights elsewhere via patent families.
5. How might this patent influence drug development?
It enables exclusivity over specific compounds and uses, encouraging investment but also necessitating design-around strategies for competitors.
References
[1] Prior art examples of pyrazolone derivatives: WO2005001422; US patents detailing anti-inflammatory pyrazolones.
