Last updated: August 3, 2025
Introduction
European Patent EP2399924, titled "Use of Melatonin Derivatives for the Treatment of Cancer," pertains to innovations in the pharmacological application of melatonin derivatives, specifically targeting oncological indications. As a strategic piece within the pharmaceutical patent landscape, understanding its scope, claim construct, and competitive environment provides critical insights into innovation trajectories, patent strength, and freedom-to-operate considerations for industry stakeholders.
This analysis offers a comprehensive overview of EP2399924, detailing its claim architecture, scope, and positioning within the broader patent landscape, with particular attention to potential overlaps, unique claims, and landscape dynamics.
Scope of EP2399924
Technical Field and Patent Focus
EP2399924 claims the use of specific melatonin derivatives, characterized by particular chemical structures, for the treatment or prevention of cancer. The patent emphasizes the pharmacological utility of these derivatives in oncological contexts, including tumor suppression, modulation of apoptosis, and inhibition of proliferation.
Claims Overview
The core of EP2399924 comprises both independent and dependent claims:
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Independent Claims: Cover the use of specific melatonin derivatives with certain structural features for therapeutic purposes in cancer treatment. These claims define the scope broadly, encapsulating the entire class of compounds with particular substitutions that maintain the claimed pharmacological activity.
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Dependent Claims: Detail specific compounds, formulations, dosing regimens, and methods of administration, further narrowing the claims but adding key embodiments.
Chemical Scope
The patent primarily covers derivatives of melatonin with modifications to the indole ring or the side chain, including substitutions that enhance stability, bioavailability, or potency. The claims specify structures with particular substituents and stereochemistry, designed to optimize anticancer effects.
Pharmacological Scope
Beyond the chemical entities, the patent scope extends to methods involving administering these derivatives orally or parenterally, possibly in combination with other therapeutic agents, to achieve desired anticancer effects in various tumor types, including solid tumors and hematological malignancies.
Claims Construction and Legal Scope
Claim Language and Limitations
The claims are drafted to provide a balance of breadth and specificity:
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Broad Claims: Encompass a wide range of melatonin derivatives with certain core structural motifs, avoiding overly narrow language to prevent easy design-around scenarios.
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Specific Claims: Focus on certain derivatives with demonstrated activity, specific formulations, or administration protocols, supporting enforcement and market differentiation.
Key Claim Features
- Structural Definitions: Use of Markush groups to define classes of compounds.
- Therapeutic Use: "Use of compound X for the manufacture of a medicament for treating cancer" — a typical Swiss-type or second-medical-use claim.
- Method of Treatment: Claims also encompass methods involving administration routes, dosages, and combinations.
Scope Limitations
The scope is constrained by:
- The chemical limitations specified in the claim language.
- The therapeutic indication—treatment of various cancers, potentially limiting the scope to specific tumor types or stages.
- The temporal scope, only extending to compounds and methods known up to the priority date, unless there are continuation or divisional filings.
Patent Landscape Context
Prior Art and Related Patents
The patent landscape includes:
- Earlier melatonin-related patents: Covering antioxidant, sleep-regulation, and other non-cancer neuroprotective uses.
- Cancer treatment patents: Prior art involving melatonin or its derivatives for tumor suppression, emphasizing the novelty of certain structural modifications or specific therapeutic claims.
Competitive Key Players
Major pharmaceutical companies and biotech firms engaged in cancer therapeutics and melatonin research, including:
- Leadskin and Labiotech—notable academic collaborations or startups exploiting melatonin derivatives.
- Large pharma players with proprietary compounds or co-marketing arrangements.
Landscape Dynamics
The patent ecosystem is active, with recent filings focusing on:
- Novel derivatives with enhanced anticancer efficacy.
- Combination therapies involving melatonin derivatives.
- Formulations improving bioavailability and targeting.
EP2399924’s strategic importance lies in its specific claims and chemical scope, which carve out a territory against generic or adjacent patents.
Analysis of Patent Strength and Risks
Strengths
- Well-defined chemical scope with clear structural limitations.
- Claims covering both compounds and medical uses.
- Embodying specific embodiments reinforce enforceability.
Risks and Limitations
- Potential for challenge from prior art, especially given the history of melatonin research.
- Possible design-around strategies based on structural modifications not covered by claims.
- Limitations in scope if broader use claims are not pursued or granted.
Opportunities for Folders
- Filing continuation applications to expand claims.
- Securing patents in jurisdictions beyond Europe for global coverage.
- Pursuing formulation and combination claims to strengthen the patent family.
Conclusion
EP2399924 exemplifies a strategic biotech patent aiming to secure a niche in the oncology applications of melatonin derivatives. Its scope balances chemical specificity with therapeutic broadness, providing a defensible position within an active and competitive patent landscape. However, companies operating in this space must remain vigilant to prior art, possible design-arounds, and the evolving patent environment.
Key Takeaways
- EP2399924 focuses on specific melatonin derivatives for cancer therapy, with claims covering various compounds and methods.
- The patent's scope leverages both structural definitions and therapeutic use, enhancing enforceability.
- The patent landscape demonstrates active innovation, with recent filings targeting similar derivatives, formulations, and combination therapies.
- Companies should assess potential overlaps with prior art and consider strategic jurisdictional filings to maintain competitive advantage.
- Continual monitoring of related patent filings and pursuing supplementary claims will optimize patent robustness.
FAQs
1. What is the primary innovation claimed in EP2399924?
It claims the use of certain melatonin derivatives with specific chemical modifications for treating cancer, emphasizing a novel application of known compounds.
2. How broad are the claims in EP2399924?
The claims are moderately broad, encompassing a class of derivatives characterized by particular structural features, alongside specific formulations and treatment methods.
3. What are common challenges to patentability for such derivatives?
Challenges often focus on prior art demonstrating similar compounds or uses, obviousness of chemical modifications, and whether the claimed derivatives have surprising or unexpected efficacy.
4. How does the patent landscape influence the value of EP2399924?
A crowded landscape with overlapping patents can restrict freedom to operate. In contrast, unique claims and broad protective scope enhance patent value and market exclusivity.
5. What steps should patent holders take to maximize patent strength?
They should pursue broad yet defensible claims, expand claims across jurisdictions, monitor evolving prior art, and consider filing continuations to cover subsequent inventions or improvements.
Sources:
- European Patent Office, Patent EP2399924.
- Patent claim language and legal analysis based on publicly available patent documents.
- Industry reports on melatonin derivatives and cancer therapeutics.
