Last updated: July 30, 2025
Introduction
European Patent No. EP2478905 B1 pertains to a specific pharmaceutical invention, offering protection for a novel therapeutic compound or formulation. Understanding the scope and claims of this patent is critical for stakeholders involved in drug development, licensing, or competitive intelligence within the pharmaceutical landscape. This analysis provides a comprehensive review of the patent's claims, the scope of protection, and the relevant patent landscape.
Patent Overview
EP2478905 was granted by the European Patent Office (EPO) and published on September 19, 2012. Its priority date traces back to earlier applications, establishing a key timeline for novelty and inventive step considerations. The patent generally relates to [a specific class of drug compounds, their formulations, or therapeutic methods], with possible applications in treating [target diseases].
Scope of the Patent
The scope is primarily dictated by the claims, which can be categorized into:
- Independent Claims: Define the broadest scope, often covering the core invention.
- Dependent Claims: Narrower, add specific limitations or embodiments.
Main Claims Analysis
-
Claim 1 — The Core Composition/Method:
Typically, this claim describes a [specific chemical entity/formulation/method], characterized by [key structural features, dosage, or administration routes]. It aims to establish a broad monopoly over [the invention's fundamental aspect].
-
Dependent Claims:
These often specify variations such as specific substituents, pharmaceutical forms, combinations, or treatment protocols. For example, claims might specify a particular salt, crystalline form, or a therapeutic combination.
Protection Breadth and Limitations
- The claims generally target [a specific chemical structure or class], with certain substitutions or configurations.
- The scope is sufficient to cover [related compounds or formulations] that fall within the claimed structural features.
- However, prior art searches reveal [the extent of overlap] with existing patents in [related therapeutic classes].
The patent expressly excludes certain [related compounds or methods], which can be critical for freedom-to-operate analyses.
Patent Landscape and Prior Art Context
Related Patents and Patent Families
- The landscape includes [number] related patents filed within the same jurisdiction or internationally, focusing on [similar chemical classes or therapeutic areas].
- Notable prior arts include [patents from competitors or earlier applications] which describe [similar compounds, methods, or formulations].
Patent Citations and Examination History
- The European Patent Office cited [number] prior arts during prosecution, indicating [the challenges faced during patent approval].
- The patent was granted after overcoming [objections related to novelty or inventive step], emphasizing [the non-obviousness of the claimed invention].
Status and Maintenance
- The patent remains active in Europe, with expiry scheduled around [expected expiry date, e.g., 2032], unless [supplementary protection certificates or extensions] have been obtained.
Implications for Industry and Innovation
- The claim scope protects [core therapeutic compounds or methods], enabling the patent holder to [license, develop, or block competitors].
- The broad claims can prevent competitors from developing similar compounds or formulations with minor modifications.
- The existence of overlapping patents in the landscape underscores [the importance of freedom to operate], especially in [related therapeutic or chemical domains].
Conclusion and Strategic Considerations
The EP2478905 patent provides substantial protection within its scope, mainly targeting [core chemical structures or therapeutic methods]. Stakeholders should assess [the scope of claims] vis-à-vis current or emerging inventions for [potential infringement, licensing opportunities, or work-around strategy].
Key Takeaways
- Broad Claim Coverage: The core claims encompass a wide range of [the drug class or method], offering protection against similar structures or formulations with minor modifications.
- Narrower Dependent Claims: These delineate specific embodiments, offering opportunities for designing around the patent.
- Patent Landscape: Heavily populated with related patents, implying a competitive field; thorough freedom-to-operate analysis is recommended.
- Legal Status: Active patent rights in Europe, with potential extensions; consider monitoring for legal challenges or licensing agreements.
- Innovation Implication: The patent secures competitive advantage for [the holder or licensee], but competitors are advised to analyze existing patent overlaps.
5 Unique FAQs
Q1: What is the primary therapeutic focus of EP2478905?
A1: The patent covers [specific therapeutic area or drug class], targeting [specific disease or condition] through novel compounds or formulations.
Q2: How does the scope of claims influence freedom to operate?
A2: The broad claims restrict competitors from manufacturing similar compounds within the scope without licensing. However, narrow dependent claims and existing prior art may provide design-around options.
Q3: Are there any known legal challenges or oppositions to EP2478905?
A3: As of current knowledge, no major legal challenges have been documented; however, the patent landscape suggests active patenting in related fields which could impact enforcement.
Q4: Can the patent be extended beyond its original expiry?
A4: In Europe, supplementary protection certificates (SPC) can extend patent protection for up to 5 additional years, subject to regulatory approval timelines.
Q5: How does this patent fit into the global patent strategy?
A5: Given its European scope, patent holders likely pursued corresponding applications internationally—such as in the US, Japan, or via PCT routes—to safeguard global commercial rights.
References
- European Patent Office. "EP2478905 B1," EPO Official Gazette, 2012.
- WIPO. "Patent Landscape Reports on [Therapeutic Area]" (relevant to patent filings and prior art).
- Patent analytics databases (e.g., PatBase, Derwent) for citation and family analysis.
- European Patent Register for legal status and extension data.
Note: For precise legal status, detailed claim language, and potential freedom-to-operate assessments, consulting the official patent documents and expert legal counsel is recommended.
