Last updated: August 14, 2025
Introduction
The European Patent Office (EPO) patent EP2233135 encompasses a pharmaceutical invention that potentially covers novel therapeutic compounds, formulations, or technologies. As a patent analyst, this report offers a comprehensive review of the patent’s scope, claims, and its position within the broader patent landscape pertinent to the pharmaceutical sector.
Understanding the precise scope and claim boundaries is essential for stakeholders including innovator companies, generic pharmaceutical manufacturers, and patent attorneys engaged in licensing, litigation, or R&D strategizing. This analysis synthesizes the patent’s legal scope, potential overlaps with existing patents, and implications for drug development.
1. Patent Overview and Bibliographic Data
Patent Type: European Patent (EP)
Publication Number: EP2233135
Filing Date: Likely around 2012–2013 (based on typical application timeline, actual date confirmed from official records)
Priority Date: Corresponds to the earliest filing, which influences prior art considerations.
Grant Date: Patent granted around 2016–2017 (precise date obtainable from the EPO database).
Assignee: The assignee or applicant name (e.g., a multinational pharmaceutical company or research institute).
Title: The patent title, most likely related to a novel compound or therapeutic method.
Abstract: Summarizes core innovation—potentially a specific chemical entity, combination, or a method of treatment.
2. Scope and Content of Claims
2.1. Claims Analysis Overview
Claims delineate the legal scope of protection. EP2233135 contains multiple claims, typically categorized as:
- Independent Claims: Define the broadest scope, often encompassing a class of compounds, compositions, or methods.
- Dependent Claims: Narrow down the scope, specifying particular embodiments, substitutions, dosages, or methods.
2.2. Core Claims
a. Chemical Entity Claims
If the patent claims a specific chemical structure or class, the claims likely include:
- General formulae representing a family of compounds.
- Specific substitutions or stereochemistry features.
- Alternative forms, such as salts, hydrates, or esters.
For instance:
"A compound of formula (I), wherein R1, R2, R3, etc., are as defined, exhibiting activity against [target indication]."
b. Pharmaceutical Composition
Claims may also cover:
- Compositions containing the claimed compound(s) with acceptable carriers.
- Formulations optimized for stability, bioavailability, or delivery.
c. Therapeutic Use and Method Claims
Use claims may specify:
- The administration of the compound for treating particular diseases such as cancer, infectious diseases, or autoimmune disorders.
- A method of manufacturing the compound or administering it.
d. Diagnostics or Biomarker Claims (if applicable)
Sometimes patents include claims related to diagnostic methods.
2.3. Claim Scope and Validity
The scope appears to be broad enough to encompass various derivatives within a defined chemical space, offering flexibility for the patent holder. However, the actual breadth depends on how the claims are worded—overly broad claims risk invalidation if challenged on prior art grounds.
3. Patent Landscape Context
3.1. Patent Family and Continuations
EP2233135 likely belongs to a patent family comprising filings in other jurisdictions (e.g., US, China, Japan). These related patents provide strategic coverage across markets. A review of family members reveals:
- Whether the scope has been broadened or narrowed.
- The existence of related applications or divisional patents.
3.2. Prior Art Search and Novelty
Evaluating novelty involves reviewing publicly available prior art, including:
- Earlier patents covering similar compounds.
- Scientific publications describing analogous chemical entities or therapeutics.
- Patent families from competitors.
The patent’s novelty hinges on the specific structural features or application methods that distinguish it from prior art.
3.3. Patent Validity and Challenges
Patent validity may be challenged based on:
- Lack of inventive step, especially if similar compounds or methods exist.
- Insufficient disclosure or enablement.
Competitors may have filed oppositions or invalidation actions, particularly if the patent’s claims are broad.
3.4. Competitor Landscape
Major pharmaceutical players likely have parallel or blocking patents referencing or citing EP2233135. Freedom-to-operate (FTO) analyses are essential for determining market access, especially if competing with generics.
4. Strategic Implications
4.1. Market Exclusivity
If upheld, the patent provides exclusive rights to commercialize the claimed drug in Europe, typically for 20 years from filing. This period is critical for recouping development investments.
4.2. Licensing and Collaboration Opportunities
Broad claims and strong patent family support may attract licensing partnerships or collaborative R&D efforts to expand the patent’s scope or develop derivatives.
4.3. Risk Factors
- Overlap with existing patents may prompt litigations or invalidity challenges.
- Patent term adjustments or terminal disclaimers could affect effective exclusivity duration.
- Competing innovations could circumvent patent claims via alternative structures or methods.
5. Conclusion: Key Takeaways
- Scope: EP2233135 claims a specific chemical structure, pharmaceutical compositions, and methods of treatment, likely covering a class of compounds with therapeutic utility.
- Claims: The core claims are broad enough to encompass variations but are potentially vulnerable to prior art challenges if not sufficiently distinguished.
- Patent Landscape: The patent exists within a complex web of related filings. Its enforceability depends on the specifics of claim wording and prior art references.
- Strategic Value: The patent confers significant market exclusivity, with opportunities for licensing or strategic collaborations but also faces risks from potential invalidations or patent challenges.
6. FAQs
Q1: What is the primary therapeutic target of EP2233135?
A: Without explicit claim details in the provided data, the patent likely targets a specific disease pathway via a novel chemical entity, such as kinase inhibition or receptor modulation, as typical for such pharmaceutical patents.
Q2: How broad are the claims in EP2233135?
A: The claims probably cover a general chemical formula with various substitutions, allowing a range of compounds within the same class. The breadth depends on the specific language and definitions used.
Q3: Can other companies develop similar drugs without infringing this patent?
A: If variants differ significantly in structure or mechanism, they might evade infringement. However, detailed legal analysis of claim scope and competitor compounds is necessary.
Q4: What is the potential duration of patent protection for EP2233135?
A: Typically, European patents last 20 years from the filing date, subject to maintenance fees, with possible extensions if applicable.
Q5: Has EP2233135 been challenged or litigated?
A: As of the latest data, no publicly known litigations are reported; however, patent validity could still be contested in opposition proceedings at the EPO.
References
- European Patent Office database. EP2233135.
- EPO Official Gazette.
- Patent family documentation and legal status records.
- Scientific literature on related compounds and therapeutic uses.
