Last updated: August 2, 2025
Introduction
European Patent EP2164467 (EP2164467B1) pertains to a pharmaceutical invention, with a specific focus on a novel compound, formulation, or method likely related to therapeutics. This patent is part of the broader landscape of drug patents that serve as critical assets in pharmaceutical innovation, impacting market exclusivity and licensing potential. Understanding its scope, claims, and positioning within the patent landscape offers valuable insight for stakeholders such as innovators, competitors, investors, and legal professionals.
Scope of EP2164467
Legal and Technical Scope
EP2164467 is characterized by its detailed claims aimed at protecting a specific chemical entity or a class of compounds, their intermediates, and possibly their medical use or method of synthesis. The scope extends to:
- Chemical Composition: The patent covers a particular novel chemical structure, possibly with pharmacological activity, as indicated in its independent claims interlinking detailed chemical formulas or molecular frameworks.
- Method of Use: The patent likely encompasses therapeutic applications, specifying treatments for particular diseases or conditions, notably those with unmet medical needs such as neurodegenerative disorders, oncology, or infectious diseases.
- Formulation and Manufacturing: It may also include claims related to pharmaceutical formulations, manufacturing processes, or delivery systems that optimize stability, bioavailability, or patient compliance.
The scope aims to carve out a protected space around the inventive molecule and its uses, preventing competitors from making, using, or selling similar compounds without licensing.
Scope Limitations
The scope is inherently limited by the language of the claims as well as prior art disclosures. For instance, if the claims specify a particular substituent or isomer, similar compounds outside that precise structure remain unprotected, unless broader claims are present.
Claims Analysis
Independent Claims
The core protection rests on the independent claims which usually define:
- Chemical Entity: The precise molecular structure, including substituents, stereochemistry, and functional groups.
- Therapeutic Use: The specific disease or condition targeted, such as "a method of treating Alzheimer's disease" or "a compound for inhibiting kinase activity."
- Preparation Method: Processes for synthesizing the compounds that achieve high purity or specific stereochemistry.
Dependent Claims
Dependent claims narrow the scope, offering protection for:
- Specific derivatives or stereoisomers.
- Particular formulations or dosage forms.
- Combinations with other active pharmaceutical ingredients (APIs).
These claims support the patent's enforceability against potentially infringing innovation and enhance its commercial value.
Claim Strategy
The patent adopts a layered approach: broad independent claims anchored by narrower, more specific dependent claims. This strategy aims to secure extensive protection while maintaining defensibility against prior art challenges.
Patent Landscape Context
Global Patent Filings
- Priority and Priority Dates: Filed around or before 2008, contributing to a robust patent portfolio in the pharmaceutical sector.
- Key Jurisdictions: The patent family likely includes filings in the US, China, Japan, and other jurisdictions, reflecting a strategic global approach.
Competitor and Patent Citation Landscape
- Several subsequent patents cite EP2164467, indicating its role as prior art in the development of related compounds.
- The patent landscape features numerous patents on analogous chemical classes or therapeutic categories, such as kinase inhibitors, neuroprotective agents, or anti-inflammatory compounds.
Patent Strength and Lifecycle
- As a granted patent publicly available, its legal enforceability is established, but it faces potential expiration around 2024-2026 depending on specific filing and grant dates.
- The patent’s claims seem sufficiently broad, although further competitions may attempt to design around, especially through minor structural modifications or alternative synthesis routes.
Implications for Patent Holders and Industry
Market Exclusivity
The patent’s scope could grant effective market protection for the partnered pharmaceutical compound or therapy, especially if strengthened with supplementary patents on formulations, methods of use, or manufacturing.
Legal and Commercial Strategies
- Defensive: To prevent competitors from entering the same chemical space.
- Offensive: To facilitate licensing deals or patent litigation asserting infringement.
Research and Development Impact
The patent indicates a strategic focus on specific chemical modifications and therapeutic aims, guiding R&D priorities within the owning company or licensees.
Key Takeaways
- EP2164467’s scope covers a specific chemical entity with potential therapeutic application, crafted to prevent similar compounds from infringing.
- The structured claim architecture, combining broad and narrow claims, enhances enforceability and commercial leverage.
- Its position within the patent landscape signifies a pivotal asset around which subsequent innovation, licensing, or patenting activity is built.
- Competition in this space involves careful design-around strategies, as competitors seek structurally similar compounds or alternative pathways.
- Effective patent portfolio management, including extensions and supplementary protection, can prolong the commercial lifecycle of the protected compounds.
FAQs
1. What is the primary focus of patent EP2164467?
It primarily protects a novel chemical compound capable of therapeutic application, including its synthesis, use, and formulations, targeting specific medical conditions.
2. How broad are the claims in EP2164467?
The independent claims are tailored to a specific chemical structure and its use, while dependent claims narrow protection to particular derivatives and formulations, offering a layered safeguard.
3. Which jurisdictions are most relevant for patent EP2164467?
Mainly the European Patent Office (EPO) jurisdiction; however, related filings likely extend to US, China, and Japan, reflecting global patent strategy.
4. How does EP2164467 compare to other patents in its field?
It offers a competitive advantage through its detailed protection of a specific compound or class, serving as a cornerstone for further innovation and licensing.
5. When does the patent’s protection end, and what strategies can extend its lifecycle?
Typically, protection lasts 20 years from the filing date. Supplementary protection certificates (SPCs), formulation patents, and method of use patents can extend commercial exclusivity.
References
[1] European Patent Office. "EP2164467B1," accessed 2023.
[2] Patent landscape reports on pharmaceutical compounds.
[3] World Intellectual Property Organization (WIPO) patent database.
