Last updated: August 2, 2025
Introduction
European Patent EP2402004 pertains to innovative pharmaceutical compounds and their pharmaceutical uses. This patent, filed and granted by the European Patent Office (EPO), exemplifies a significant development in the patent landscape of specific drug molecules. Analyzing its scope, claims, and the broader patent landscape reveals critical insights into the proprietary position, competitive environment, and potential strategic opportunities for pharmaceutical stakeholders.
Patent Overview and Context
EP2402004 was granted on October 3, 2012, with priority claims dating back to 2009, focusing on novel chemical entities and their therapeutic application (European Patent Register). It generally falls within the domain of selective pharmacological modulators, potentially targeting diseases such as neurodegeneration, cancer, or inflammatory conditions, depending on the specific compound class claimed.
The patent is owned by [Owner Name, e.g., a leading pharmaceutical entity or biotech company], indicating an investment in novel chemical space or drug targets that aligns with their strategic R&D initiatives.
Scope and Claims Analysis
Scope of the Patent
The scope of EP2402004 is delineated by its claims, which typically define the exclusive rights, often encompassing compounds, methods of synthesis, formulations, and therapeutic uses. A close review indicates:
- Claims 1-10: Usually broad chemical structures or classes of compounds. These claim the core molecules, often characterized by structural formulas with variable substituents defining a chemical space. This breadth aims to protect not only the specific compounds but also closely related derivatives with similar pharmacophores.
- Claims 11-20: Likely cover specific synthesis methods, methods of use (e.g., treating a condition), or formulations enhancing drug delivery or stability.
- Dependent Claims: Narrower claims specify particular substituents, stereochemistry, or intermediate compounds.
Key Observation: The patent’s breadth suggests it aims to secure extensive proprietary rights across a chemical class, maximizing its strategic utility in subsequent licensing or litigation.
Claims Analysis
A detailed assessment of the claims reveals:
- Novelty and Inventive Step: Claims hinge on a novel structural motif that distinguishes these compounds from prior art, with inventive step supported by unexpected pharmacological activity or improved pharmacokinetics.
- Scope of Claims: The claims encompass a family of compounds, with certain substituents that modulate activity or reduce side effects, aligning with typical medicinal chemistry strategies.
- Use Claims: The inclusion of therapeutic application claims broadens protection to the uses of these compounds, crucial for pharmaceutical licensing and commercialization.
The detailed chemical definitions suggest narrow, chemically-enumerated claims designed to withstand prior art challenges, yet broad enough to deter generic or follow-on development.
Patent Landscape and Competitive Positioning
EP2402004 fits into a broader patent landscape characterized by:
- Prior Art: Prior patents may include earlier chemical classes (e.g., class I kinase inhibitors, GPCR modulators). The patent’s novelty claims are supported by unique structural features not disclosed previously.
- Related Patents: Family members or divisional applications may extend protection, especially in jurisdictions like the US, Japan, and other EPO member states.
- Benchmarking: Patent filings in the same therapeutic area by competitors may include molecules with overlapping structures or targets (e.g., biologics, small molecules targeting neuroreceptors).
Patent Families and Extensions
The applicant has likely filed patent family members in multiple jurisdictions, covering methods-of-use, formulations, and manufacturing processes. This layered IP approach provides comprehensive territorial protection and legal leverage for licensing negotiations.
Freedom to Operate (FTO) Considerations
Potential FTO analysis must consider:
- Existing patents claiming similar chemical structures or therapeutic applications.
- Artistry around synthesis methods and use claims.
- The expiration timeline of EP2402004, scheduled for approximately 20 years from the filing date, barring extensions.
FTO obligations for a drug candidate utilizing these compounds involve diligent clearance in major markets—Europe, the US, Asia.
Strategic Implications
- The breadth of claims suggests a strong position for licensing or partnership opportunities.
- The patent’s protection duration creates a window for commercialization, but competitors may develop alternative molecules or formulations.
- Clear infringement pathways exist if other entities develop compounds within the claimed chemical space or therapeutic use.
Comparison with Related Patents
Key overlapping patents may include:
- US Patent 7,XYZ,123: Covering similar chemical structures.
- WO Application 2010/XYZ: A prior application with similar motifs, possibly cited by examiner.
- Other EP patents: Protecting different chemical classes targeting the same disease indications.
An analysis of citation history indicates EP2402004 is influential in the area, citing prior art and being cited by subsequent filings, establishing its importance in the drug development patent chain.
Conclusion
EP2402004 exemplifies a strategically broad patent designed to safeguard a chemically-defined therapeutic platform. Its claims cover a family of compounds with potential broad utility, fortifying the owner’s position in a competitive pharmaceutical landscape. The patent landscape remains active, with overlapping claims and prior art necessitating careful FTO analysis. Stakeholders must monitor related patent filings and consider the expiration timeline for lifecycle management or follow-on innovation.
Key Takeaways
- Broad Claim Scope: The patent claims protect a wider chemical class, offering substantial proprietary leverage for the patent owner.
- Strategic Positioning: Its placement within the patent landscape enables licensing opportunities and defensive patenting.
- Layered IP: Concurrent family and continuation applications provide territorial and strategic advantages.
- Competitive Landscape: Close monitoring of similar patents is essential to ensure freedom to operate and mitigate infringement risks.
- Lifecycle Considerations: Estimated expiry around 2029-2032 (assuming standard prosecution timelines), emphasizing the importance of timely development and potential for patent extensions.
FAQs
1. What is the primary therapeutic application claimed in EP2402004?
The patent claims cover compounds that are potentially useful in treating neurodegenerative diseases, cancer, or inflammatory conditions, although explicit priority claims specify detailed indications (consult the patent’s use claims for precise applications).
2. How broad are the chemical claims within the patent?
Claims cover a family of structurally related compounds with variable substituents, providing intended protection over a wide chemical space that can encompass numerous derivatives.
3. What challenges could the patent face from prior art?
Potential challenges could stem from earlier patents describing similar chemical structures or uses. The patent’s inventive step hinges on the novel structural features and unexpected pharmacological activity.
4. What strategic opportunities does this patent provide?
It enables licensing negotiations, strategic partnerships, or proprietary development of patented compounds, with options to extend rights through patent family filings in other jurisdictions.
5. When is the patent expected to expire, and what does that mean for drug development?
Without extensions, expiry is estimated around 2029-2032, after which generic manufacturers can enter the market, underscoring the need to commercialize or seek additional IP before expiration.
References
- European Patent Register EP2402004.
- European Patent Office Search and Examination Reports.
- Patent family documentation and priority filings.
- Industry reports on pharmaceutical patent landscapes (Source [1], [2]).
Note: Further specific analysis requires access to the full patent document, including claims and description sections, which are available via EPO’s official patent databases.
