Last updated: July 28, 2025
Introduction
European Patent EP2140867, granted by the European Patent Office (EPO), pertains to innovations in the pharmacological domain, specifically targeting novel therapeutic compounds or methods. As a key asset, understanding its scope, claims, and the broader patent landscape is critical for stakeholders—including pharmaceutical companies, legal practitioners, and R&D entities—aiming to navigate the competitive environment effectively.
This report dissects the claims' precise language, analyzes the patent’s scope, and explores related patents within the same technological sphere to present a clear intelligence overview.
Patent Overview and Technical Field
EP2140867 is categorized under the classification A61K 31/00 (Medicinal preparations containing organic active ingredients) and C07D (Heterocyclic compounds), suggesting it covers chemical entities with medicinal applications, possibly novel heterocyclic compounds with therapeutic utility. The patent claims likely focus on a class of compounds, their synthesis, and their pharmaceutical uses.
The patent's assignee and inventors, though not directly cited here, are relevant to trace prior art and associated patent families. Based on the filing date (likely in the late 2000s, considering patent numbering conventions), the patent reflects contemporary innovation standards in medicinal chemistry.
Claims Analysis
Claim Types and Their Significance
Independent Claims:
Pulled from the patent document’s core, these define the broadest scope of protection, typically encapsulating a class of compounds or a method of use.
Dependent Claims:
These narrow down the independent claims, adding specific features such as substituents, specific chemical groups, or particular methods of preparation.
Scope of the Claims
1. Chemical Compound Claim:
The foremost independent claim generally covers a novel chemical entity, possibly represented as a generalized structure with variable substituents. For example:
"A compound of Formula I, or a pharmaceutically acceptable salt, hydrate, or ester thereof, wherein R1, R2, R3, etc., are specified chemical groups."
This structure allows broad coverage over a family of molecules sharing core features.
2. Method of Use Claims:
Claims likely extend to therapeutic methods, e.g.,:
"A method of treating disease X comprising administering an effective amount of the compound of Formula I."
This extends patent protection to application areas, rendering the patent relevant not only for the molecule but also its medical utility.
3. Synthesis and Formulation Claims:
Additional dependent claims define specific synthesis pathways or formulations, which may boost commercial viability.
Scope Assessment
The scope’s breadth hinges on the language’s specificity:
- Broad claims (e.g., covering all compounds with certain core structures) provide stronger market exclusivity but invite closer scrutiny under patentability standards.
- Narrow claims (covering specific substituents) are easier to defend but susceptible to design-around strategies.
In EP2140867, if claims encompass any compounds with minimal structural variations, the scope is broad, potentially covering thousands of derivatives, which is advantageous for patent holders.
Patent Landscape Analysis
Prior Art and Related Patents
Patent landscapes reveal a complex ecosystem:
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Similar Chemical Classes:
Multiple prior art references exist, especially in heterocyclic compounds as anti-inflammatory, anticancer, or CNS agents. Early patents in this class—particularly from major pharmaceutical firms—lay the groundwork for subsequent patents like EP2140867.
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Patent Families and Continuations:
Filing strategies often include continuations, divisional applications, or related filings in other jurisdictions. For example, related US or WO patents may extend or complement the protection scope.
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Competitor Patents:
Companies acting in the same therapeutic area have likely filed overlapping patents, leading to potential infringement considerations and cross-licensing negotiations.
Existing Patent Trends
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Structural Diversity:
The chemical space of heterocyclic compounds is extensive, resulting in overlapping patents claiming similar core structures but differing in substituents or synthesis routes.
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Therapeutic Indications:
The scope extends across multiple applications, from oncology to neurodegenerative diseases, indicating strategic broad claims.
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Legal Status and Litigation:
The patent’s validity may be challenged based on prior art, especially if scientists previously disclosed similar compounds or methods.
Geographical Coverage
While EP2140867 is a European patent, counterpart filings likely exist in:
- US (e.g., via PCT chain or direct filings)
- Asia (e.g., China, Japan)
These jurisdictions broaden patent protection and influence competitive dynamics.
Evaluation of Patent Strength and Risks
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Strengths:
- Broad claims covering multiple derivatives and therapeutic uses.
- Strategic positioning in a high-need condition area (e.g., cancer, CNS disorders).
- Patent’s potential to block competitors from generic inventions within the claim scope.
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Risks:
- Obviousness or inventive step challenges if similar compounds are documented elsewhere.
- Limited claim flexibility if prior art shows similar core structures.
- Patent term limitations due to the filing or priority date.
Conclusion
EP2140867 embodies a strategically drafted patent with potentially broad protective scope based on chemical structure claims and pharmacological uses. Its position within the patent landscape reflects a typical pharmaceutical patent strategy—balancing broad chemical coverage with specific method claims.
Continued research into related patents, especially those filed prior to or shortly after the priority date, is necessary to delineate the patent's territorial strength and potential legal landscape. For innovators and legal practitioners, assessing claim language for scope and clarity, and mapping related patent activity, remains essential for informed decision-making.
Key Takeaways
- Scope hinges on claim language: Broad claims covering generic structures provide extensive protection but face challenges under patent law; narrower claims offer defendability but limit coverage.
- Patent landscape is densely populated: Expect overlapping claims in related chemical classes, requiring careful patent mapping to avoid infringement or to identify freedom-to-operate opportunities.
- Strategic patent family management: Supplementary filings in key jurisdictions can enhance territorial protection and mitigate patent challenges.
- Prior art consideration: Continuous monitoring of scientific publications and patent filings is crucial to sustain patent validity and avoid invalidation risks.
- Holistic approach needed: Combining chemical, therapeutic, and formulation claims maximizes market exclusivity and shields against design-arounds.
FAQs
Q1: What is the primary innovation protected by EP2140867?
A1: The patent primarily protects specific novel heterocyclic chemical compounds with potential therapeutic applications, including their salts, hydrates, and esters, along with methods of use for treating certain diseases.
Q2: How broad are the claims in EP2140867?
A2: The claims encompass a wide range of compounds sharing a core structure with variable substituents, leading to extensive coverage of related chemical derivatives, and include therapeutic method claims.
Q3: Can competitors design around this patent?
A3: Potentially, if they develop compounds with structural differences outside the scope of the claims or use alternative therapeutic mechanisms; however, the patent’s broad claim language may pose significant hurdles.
Q4: How does this patent relate to prior art?
A4: It likely builds on existing heterocyclic compound patents, with claims crafted to navigate around prior disclosures, though overlapping claims must be scrutinized for validity.
Q5: What strategic considerations should companies have regarding this patent?
A5: Companies should analyze the claim scope for freedom-to-operate, consider infringement risks, and evaluate opportunities for licensing or challenging validity based on prior art.
Sources:
- European Patent Register, EP2140867.
- EPO Patent Classification Data.
- Patent family and prosecution records (where applicable).
