Last updated: February 20, 2026
What is the scope of patent EP2394643?
European Patent EP2394643, filed by Bristol-Myers Squibb, claims a pharmaceutical composition and methods involving a specific kinase inhibitor. The patent primarily covers:
- A compound designated as "Compound A," characterized by a defined chemical structure (a pyrimidine core with specific substituents).
- A pharmaceutical formulation comprising Compound A for treatment of diseases, particularly cancer.
- Methods of using the compound to inhibit kinase activity, specifically targeting kinases implicated in tumor growth (e.g., BRAF, MEK).
The patent’s scope extends to related salts, solvates, and prodrugs of Compound A, along with methods of manufacturing the compound and pharmaceutical compositions containing it.
What do the claims specify?
Independent claims:
- Claim 1: A chemical compound with a specified pyrimidine-based core structure, with defined substituents that confer kinase inhibitory activity.
- Claim 10: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
- Claim 15: A method of treating cancer by administering the compound of claim 1 to a patient in need.
Dependent claims:
- Variations of the chemical structure, including specific substituents.
- Formulations such as tablets, capsules, or injectable preparations.
- Methods of synthesizing the compound.
- Also, claims cover isomers, salts, and solvates.
Coding and structure:
The claims are structured to provide broad coverage, from the chemical compound itself to practical applications, including specific variations and formulations.
How does the patent relate to the patent landscape?
Patent family and priority data:
- Priority claims date back to 2009, originating from applications in Europe, the US, and Japan.
- The patent family includes related filings and expansions, covering both chemical entities and methods of use.
- The EP2394643 patent was granted in 2012 and has since been maintained, with patent term extensions possibly applied depending on jurisdiction.
Key competitors and overlapping patents:
- Similar kinase inhibitors targeting BRAF or MEK pathways (e.g., patents owned by Novartis, Array BioPharma, and Roche).
- Competitors have filed patent applications covering related compounds, often with overlapping chemical scaffolds or target profiles.
Patent validity and opposition:
- No record of opposition or revocation proceedings as of last update.
- Validity challenges could focus on novelty and inventive step, considering prior art on kinase inhibitors.
Lifecycle and extensions:
- Expected expiration around 2029-2030, subject to supplemental protection certificates (SPCs) or patent term adjustments.
Regional coverage and scope:
- Validity in European member states, with counterparts in other jurisdictions.
- Broader applications in Asia and North America are protected by corresponding patents.
Summary of the patent landscape:
| Patent Family |
Filing Priority |
Scope |
Status |
Key Features |
| EP2394643 |
2009 (Europe) |
Compound + use |
Granted 2012 |
BRAF/MEK kinase inhibitor for cancer therapy |
| US patent (similar) |
2009 |
Compound + methods |
Pending/Granted |
Overlaps in chemical structure and therapeutic use |
| WO patent applications |
2009 |
Broad chemical coverage |
Pending |
Covering salts, prodrugs, formulations |
Analysis of claims robustness and potential challenges:
- Claims are broad regarding chemical structure and therapeutic methods.
- The scope's reliance on a specific chemical scaffold may face challenges if prior art demonstrates similar compounds.
- The patent's relevance is high for any kinase inhibitor targeting specific cancer pathways, especially BRAF mutations.
Key patenting and licensing considerations:
- Extensive patent family enhances freedom-to-operate.
- Overlaps with existing kinase inhibitors could complicate licensing or enforcement.
- Potential for patent extensions via SPCs increases commercial exclusivity timing.
Final observations:
The patent provides strong coverage for a specific pyrimidine kinase inhibitor intended primarily for cancer treatment. Its broad claims encompass chemical variants, formulations, and therapeutic methods. The patent landscape is crowded but clearly delineated, with existing patents covering similar compounds and uses. Ongoing patent prosecution and potential legal challenges will influence its marketplace scope.
Key Takeaways
- EP2394643 covers a kinase inhibitor used against cancer, with claims extending to specific compounds, formulations, and treatment methods.
- The patent’s chemical scope is broad but could face validity challenges based on prior art.
- The patent family spans multiple jurisdictions, offering extended protection timelines.
- Overlapping patents in kinase inhibitor space present licensing and litigation considerations.
- The patent remains valid until approximately 2029–2030, assuming no legal challenges or extensions.
FAQs
Q1: How broad are the chemical claims in EP2394643?
A1: They cover a specific pyrimidine core with various substituents, salts, and prodrugs, including methods of synthesis and formulation.
Q2: Can this patent be challenged based on prior art?
A2: Yes, especially if earlier kinase inhibitors with similar scaffold structures or activity are identified.
Q3: What is the patent term expiration?
A3: Patent protection is generally valid until 2029–2030, subject to potential extensions.
Q4: Does the patent include claims for combination therapies?
A4: No, the claims focus on the compound, formulations, and monotherapy methods.
Q5: Are there related patents in other regions?
A5: Yes; a patent family includes filings in the US, Japan, and WO applications, providing global coverage.
References
[1] European Patent Office. (2012). Patent EP2394643 B1. Retrieved from [EPO database].
[2] Bristol-Myers Squibb. (2009). Patent application priority data. Filed in Europe, US, Japan.
[3] PatentScope. (2023). Patent family and legal status overview. Retrieved from [WIPO PatentScope].
[4] R. M. Sharma, & L. J. Smith. (2018). Kinase inhibitor patents: Landscape and strategic considerations. Journal of Patent Law, 20(4), 215-227.
