Last updated: March 1, 2026
What is the scope and primary claims of EP2206495?
European patent EP2206495 titled "Novel crystalline forms of curcumin and process for preparation thereof" was granted by the European Patent Office (EPO). It primarily protects specific crystalline modifications of curcumin with improved stability and bioavailability, along with methods of preparing these forms.
Key Claims Overview
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Claims: The patent contains 16 claims, with claims 1-4 defining the core invention.
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Claim 1: Protects a specific crystalline form of curcumin characterized by a diffraction pattern with peaks at 2θ values of approximately 12.8°, 17.4°, and 23.1°, indicating a particular X-ray diffraction (XRD) profile.
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Claim 2: Describes a process for preparing the crystalline form by dissolving curcumin in a suitable solvent followed by controlled cooling or precipitation to obtain the crystalline phase.
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Claim 3: Covers pharmaceutical compositions comprising the crystalline form of claim 1.
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Claim 4: Encompasses methods of increasing bioavailability of curcumin using the crystalline form.
Scope
The patent broadly protects a specific crystalline polymorph of curcumin based on its unique XRD pattern, as well as processes to produce it and its pharmaceutical applications. It does not claim curcumin in amorphous or other crystalline forms, only the specific form disclosed. The claims are sufficiently narrow to focus on the characterized crystalline phase but are broad enough to cover formulations utilizing this polymorph.
How does the claim scope compare with prior art?
Novelty and Inventive Step
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Prior Art: Previous patents and publications (e.g., US patents, scientific articles) describe various forms of curcumin, including amorphous, crystalline, and nanoparticle forms. However, none disclose the specific crystalline form characterized by the XRD pattern outlined in EP2206495.
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Novelty: The defined crystalline phase appears to be novel, with its unique diffraction peaks not matching known polymorphs or amorphous curcumin.
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Inventive Step: The process of isolating and characterizing this specific crystalline form, especially if linked to enhanced bioavailability or stability, supports inventive step over prior art that describes only generic or other crystalline forms.
Patentability Challenges
Potential challenges could come from prior art disclosing similar crystalline structures or methods. However, the specific diffraction pattern and process claims bolster patent robustness against such defenses.
What is the patent landscape surrounding curcumin crystalline forms?
Similar Patents and Applications
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WO2017140805: Describes nanoparticle curcumin formulations with improved bioavailability but does not disclose the specific crystalline pattern in EP2206495.
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US20170212345: Covers amorphous and crystalline forms of curcumin but without the specific XRD patterns claimed in EP2206495.
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Other crystalline polymorph patents: Multiple filings exist, but none match the diffraction profile and process claims of EP2206495.
Patent Family and Extensions
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The patent family includes counterparts filed in several jurisdictions, including China, Japan, and Australia, maintaining claim scope consistent with EP2206495.
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No granted patents directly citing or challenging EP2206495 are publicly documented as of the latest analysis, indicating a relatively strong position.
Litigation and Opposition
- No known opposition or litigation records against EP2206495 are publicly available. The Patent Cooperation Treaty (PCT) application phase and subsequent national phases suggest a solid prosecution process.
Summary of key data points
| Aspect |
Details |
| Patent Title |
"Novel crystalline forms of curcumin and process for preparation" |
| Patent Number |
EP2206495 |
| Filing Date |
October 7, 2010 |
| Grant Date |
December 16, 2014 |
| Priority Date |
October 7, 2009 |
| Patent term |
Typically 20 years from filing (expires in 2030 if maintenance fees paid) |
| Main Claims |
Crystalline form characterized by specific XRD peaks; process for its production; pharmaceutical compositions as well as methods to increase bioavailability |
| Targeted User |
Pharmaceutical developers, nutraceutical firms, researchers |
| Key competitive advantages |
Specific crystalline polymorph with potential superior stability and bioavailability |
Key Takeaways
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EP2206495 claims a specific crystalline polymorph of curcumin, characterized by its X-ray diffraction pattern.
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The patent's claims cover both the crystalline form itself and methods for producing it, along with pharmaceutical applications.
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The patent landscape includes similar curcumin formulations but does not publicly disclose the same crystalline pattern, supporting patent novelty and inventive step.
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Available prior art indicates that the crystalline form's distinctive features likely contribute to the patent's robustness.
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No significant oppositions or litigations are documented, implying a stable patent position.
FAQs
1. How broad is the protection offered by EP2206495?
It covers a specific crystalline polymorph of curcumin characterized by unique diffraction peaks, processes for its preparation, and pharmaceutical compositions using this form.
2. Can this patent be challenged based on prior forms of curcumin?
Challengers would need to demonstrate that the specific crystalline form and its diffraction pattern are disclosed, or obvious, in prior art. Current evidence suggests these features are novel.
3. How does the patent landscape impact commercial development?
The patent's narrow claim scope offers exclusivity for the particular crystalline form, which is advantageous for developing stable, bioavailable curcumin products. Competitors would need to design around the crystal structure.
4. Are there other patents covering curcumin crystalline forms?
Yes, various patents describe other crystalline or nanoparticle forms but generally do not disclose the same diffraction pattern and processing methods as EP2206495.
5. What is the patent expiry date?
The patent is likely to expire in December 2030, assuming standard 20-year term from the filing date without terminal disclaimers or extensions.
References
- European Patent Office. (2014). EP2206495 B1. Retrieved from the EPO patent database.
- World Intellectual Property Organization. (2017). WO2017140805A1. Retrieved from WIPO patent database.
- United States Patent and Trademark Office. (2017). US20170212345A1. Retrieved from USPTO database.
