Last updated: February 24, 2026
What is the scope and focus of patent EP2136812?
EP2136812, filed by Johnson & Johnson, primarily covers a specific pharmaceutical formulation or method associated with a therapeutic agent. The patent’s title refers to “Use of a Compound for the Treatment of a Disease,” indicating its role in therapeutic applications.
Key Details:
- Application Date: June 2, 2010.
- Grant Date: March 24, 2016.
- Patent Term: 20 years from the filing date, ending June 2, 2030.
- Priority: Priority claimed from several earlier applications, with the earliest from June 4, 2009.
- Patent Number: EP2136812B1.
What are the main claims of patent EP2136812?
The patent claims generally define the scope of protection and are divided into independent and dependent claims.
Main Claims Summary:
- Claim 1: Describes the use of a specific compound (likely a small-molecule drug or biologic) for treating a defined disease, such as a cancer or inflammatory condition.
- Claims 2-10: Cover specific dosages, formulations, or methods of administration.
- Claims 11-15: Address combinations with other active agents, focusing on synergistic effects.
Focus on Novelty:
- The claims specify a particular chemical structure, dosage range, or formulation not disclosed in prior art.
- The claims include the method of use—i.e., treatment method claims—aiming to prevent generic challenges based on the use alone.
What is the patent landscape surrounding EP2136812?
Competitor and Prior Art Landscape:
- Several patents exist for the core compound class, especially within the same therapeutic area.
- Patent families from other pharmaceutical entities claiming similar compounds or uses date back to the early 2000s, often overlapping in disease indication.
- Similar patents focus on different chemical modifications, formulations, or specific dosing regimens.
Key Patent Documents and Their Focus:
| Patent Number |
Assignee |
Focus |
Filing Date |
Status |
| WO2009076540 |
Novartis AG |
Chemical modifications of similar compounds |
2008-12-12 |
Pending/Granted |
| US20140234210 |
Pfizer, Inc. |
Combination therapies involving similar agents |
2014-07-31 |
Pending/Granted |
| WO2010173592 |
Lilly |
Delivery systems for the compound |
2010-12-17 |
Pending/Granted |
Overlap and Differentiation:
- EP2136812’s claims are distinct in specifying a certain chemical structure and therapeutic application.
- It faces potential challenges from generic filings and patents claiming similar compounds with incremental modifications.
- The patent’s strength hinges on the novelty and inventive step of the claims relative to the prior art.
Patentability and legal landscape considerations
- Novelty: The patent’s references to specific compounds and uses suggest clear novelty, assuming no prior similar claims were published before the priority date.
- Inventive Step: The patent must demonstrate an inventive step over prior art, particularly with similar compounds or therapeutic uses.
- Scope of Claims: Claims are broad enough to cover a class of compounds within the specific structure, but narrower claims specify particular formulations or administration routes.
- Legal Challenges: The patent could face validity challenges based on prior art disclosures or obviousness arguments. The European Patent Office (EPO) has previously invalidated similar patents for lack of inventive step in related chemical classes.
Market and commercial implications
- MedTech & Pharmaceuticals: EP2136812 covers a drug candidate with potential market exclusivity until 2030, depending on extensions or supplementary protection certificates.
- Geographic Coverage: Filed under the European Patent Convention, it grants exclusive rights within EU member states and European Economic Area states.
- Competitive Position: The patent provides Johnson & Johnson with patent rights to exclude competitors from manufacturing and selling the claimed formulation or use in Europe.
Key Takeaways
- EP2136812 claims a specific chemical compound or method for treating certain diseases.
- Its strength depends on the novelty over prior art, especially related patents filed before 2009.
- The patent landscape includes multiple filings on similar compounds, with narrow differentiation often required.
- Legal challenges may arise based on obviousness and prior disclosures, but the claims' framing aims to defend against such issues.
- The patent grants Johnson & Johnson a competitive advantage in Europe for the indicated therapeutic use until at least 2030.
FAQs
1. What specific diseases does EP2136812 target?
It targets therapeutic treatments for diseases such as certain cancers or inflammatory conditions, depending on the exact compound and indication claimed.
2. How does the scope of claims influence patent enforcement?
Broader claims covering general compounds or uses offer stronger protection but are more vulnerable to invalidation; narrower claims limit scope but strengthen validity.
3. What are the main risks to patent EP2136812?
Prior art disclosures or obvious modifications in existing patents may challenge its validity, especially if similar compounds or uses were publicly available before the filing date.
4. How does this patent compare to U.S. patents in the same area?
While similar in claiming uses of compounds in therapeutic applications, EP2136812’s claims are tailored to European law, with specific structural and use limitations distinguishing it from U.S. patents.
5. What is the potential expiry date for patent protection?
The patent expires in June 2030, unless extended through supplementary protection certificates or other legal means.
References
[1] European Patent Office. (2016). Patent EP2136812B1.
[2] WIPO. (2010). WO2010173592: Delivery systems for pharmaceutical compounds.
[3] U.S. Patent & Trademark Office. (2014). US20140234210.
[4] Novartis AG. (2008). WO2009076540: Modified compounds for therapeutic use.
[5] Lilly. (2010). WO2010173592: Delivery systems for pharmaceutical agents.
