Last updated: February 21, 2026
What is EP2405748?
EP2405748 is a European patent titled "Use of GPR40 agonists for the treatment of metabolic disorders," granted by the European Patent Office (EPO). The patent claims cover compounds acting as GPR40 (free fatty acid receptor 1) agonists, with applications in treating type 2 diabetes and related metabolic conditions.
Scope of Patent Claims
Main Claim Types
- Compound claims: Cover specific GPR40 agonist molecules, including chemical structures, derivatives, and analogs.
- Use claims: Cover the use of these compounds in treating metabolic diseases such as type 2 diabetes, obesity, and related disorders.
- Method claims: Encompass methods of administering these compounds to subjects in need of treatment.
- Formulation claims: Cover drug compositions comprising claimed compounds.
Claim Breadth
- The claims intentionally encompass a broad class of chemical structures based on a core scaffold, with various substitutions.
- Use claims are directed at both the method of treatment and the intermediate pharmaceutical composition.
- The claims extend to derivatives and analogs that maintain activity at the GPR40 receptor.
Patent Term
- The patent was filed on December 17, 2009, with a priority date of June 18, 2009.
- European patents typically have a 20-year term from the filing date; thus, EP2405748 is expected to expire in 2029, subject to maintenance fees.
Patent Landscape and Related Prior Art
Key Patent Families and Competitors
- Multiple patents have emerged around GPR40 agonists, primarily from pharmaceutical companies like AstraZeneca, Eli Lilly, and Merck.
- Patent filings from AstraZeneca (WO2014002344), Eli Lilly (US20130087992), and others explore similar chemical scaffolds and therapeutic uses.
Overlapping Claims and Patent Thickets
- Several patents claim similar chemical classes, leading to potential patent thickets that could challenge freedom-to-operate.
- Some prior art discloses GPR40 agonists with overlapping structures, especially compounds like fasiglifam (TAK-875), which was in late-stage clinical trials.
Patent Challenges and Litigation
- AstraZeneca's fasiglifam faced clinical setbacks and patent disputes.
- The original patent portfolio around GPR40 agonists faced patentability challenges due to prior art disclosures.
- EPO and courts scrutinized claim novelty and inventive step, especially in light of early disclosures.
Filing Trends
- The majority of patents related to GPR40 agonists filed between 2008-2015.
- Post-2015 filings focus on novel chemistries, formulations, or alternative therapeutic indications.
Claims Specificity and Patent Quality
Strengths
- Broad chemical scope covering multiple substitutions and structural variants.
- Use claims cover a wide range of metabolic conditions.
- Method claims secure protection for specific administration protocols.
Weaknesses
- Dependence on structural uniqueness: several claims resemble prior art existing disclosures.
- The claims' breadth necessitates careful patent prosecution to withstand validity challenges.
Regulatory and Commercial Impact
- The patent's scope influences the development pipeline, as GPR40 agonist programs emerge from multiple firms.
- Patent exclusivity can extend through the patent term, provided maintenance fees and legal defenses succeed.
Summary of Patent Landscape
| Patent Family |
Filing Year |
Assignee |
Scope |
Status |
| EP2405748 |
2009 |
unspecified (assumed independent) |
Compound, use, method |
Granted (2014) |
| WO2014002344 |
2012 |
AstraZeneca |
GPR40 agonist compounds |
Granted (2014) |
| US20130087992 |
2013 |
Eli Lilly |
GPR40-based therapies |
Pending/Granted |
| WO2015097364 |
2014 |
unnamed |
Compositions for metabolic diseases |
Pending/Granted |
Key Takeaways
- EP2405748 offers broad protection over GPR40 agonist compounds and therapeutic methods.
- Its claims overlap with multiple patents, creating a competitive landscape.
- The validity of the claims depends on the prior art, especially disclosures made before the patent's priority date.
- Commercial success hinges on the stability of the patent monopoly amid emerging generic challenges and clinical outcomes.
- Patent drafting strategy prioritizes broad chemical and therapeutic coverage, yet faces scrutiny over patent novelty and inventive step.
FAQs
1. Can EP2405748 block competitors from developing GPR40 therapies?
It offers potential exclusivity to specific compounds and use claims, but overlapping prior art may limit enforceability.
2. Are the claims limited to specific chemical structures?
The claims encompass a broad class of GPR40 agonists with various substitutions, increasing scope but risking validity challenges.
3. How does this patent compare with US counterparts?
The US filings, such as US20130087992, cover similar compounds but may differ in scope, prosecution history, and enforceability.
4. What are the main risks for licensees?
Legal challenges based on prior art, narrow claim coverage, or patent invalidity could limit enforceability.
5. How long will protection last?
Assuming maintenance payments, protection extends until approximately 2029.
References
[1] European Patent Office. (2014). Patent EP2405748 B1.
[2] AstraZeneca. (2014). WO2014002344 A1.
[3] Eli Lilly. (2013). US20130087992 A1.
[4] PatentScope. (2023). Patent filing and status information.
