Last updated: August 6, 2025
Introduction
European Patent EP2487165, granted to Eli Lilly and Company, primarily concerns a novel class of compounds with potential therapeutic applications, notably in the treatment of neurodegenerative diseases such as Alzheimer’s Disease. This patent exemplifies strategic intellectual property (IP) positioning in the fast-evolving pharmaceutical sector, emphasizing chemical innovation and broad claim coverage. This analysis dissects the patent's scope, claims, and its standing within the broader patent landscape.
Overview of EP2487165
EP2487165 was granted by the European Patent Office (EPO) in January 2014, with a priority date of 2010. The patent encompasses chemical entities characterized by a specific core structure with various substitutions, intended for use as therapeutic agents. The detailed description emphasizes compounds capable of inhibiting β-amyloid aggregation or promoting clearance—mechanisms relevant to Alzheimer’s pathology.
Scope of the Patent
The scope of EP2487165 centers on a broad class of heterocyclic compounds with a defined core skeleton, diversified via specific substituents. Its scope is strategically designed to encompass:
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Chemical Variability:
Utilizing a Markush-type claim structure, the patent delineates a set of compounds with variable substituents, enabling coverage of numerous chemical variants within the defined structural framework.
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Therapeutic Applications:
While primarily focusing on neurodegenerative conditions, especially Alzheimer’s disease, the patent claims extend to methods of using these compounds for inhibiting Aβ aggregation, neuroprotection, or other pharmacological interventions.
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Prodrugs and Derivatives:
The patent explicitly includes derivatives, prodrugs, and pharmacologically acceptable salts, further expanding its protective scope.
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Potential for Broad Patent Coverage:
Its claims extend to compositions, methods of treatment, and potentially diagnostic uses related to the compounds, illustrating a comprehensive patent strategy.
Claims Analysis
The claims are the core legal enforceable aspects of a patent. EP2487165’s claims can be broadly categorized as follows.
1. Compound Claims
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Independent Claim:
Encompasses a chemical compound with a specific heterocyclic core, substituted with particular groups (e.g., alkyl, aryl, heteroaryl, halogens, etc.) at specified positions.
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Scope & Breadth:
The Markush language allows multiple permutations, covering potentially hundreds of individual compounds. This generic claim aims to prevent third-party manufacturing of similar compounds within the same structural family.
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Limitations:
Claims specify certain structural constraints (e.g., positions of substituents, certain heteroatoms), which define the boundary of infringement.
2. Method of Use Claims
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Claiming methods for treating or preventing neurodegenerative diseases by administering compounds falling within the compound claims.
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Therapeutic Use:
These claims support patent rights over specific medical indications, possibly subject to national patent law limitations on second medical use claims.
3. Composition Claims
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Claims for pharmaceutical compositions comprising the compounds with suitable carriers.
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Packaging & Formulation Claims:
Cover different formulations (capsules, tablets, injectables).
4. Derivative & Prodrug Claims
- Extended coverage over derivatives, salts, esters, and prodrugs that retain the pharmacological activity.
Patent Landscape and Strategic Position
EP2487165 is situated within a crowded landscape of patents targeting β-amyloid modulation, neuroprotection, and related therapeutic pathways. Notable aspects include:
a) Similar Patents & Patent Families
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Prior Art:
Prior art includes compounds such as BACE inhibitors, γ-secretase modulators, and other heterocyclic compounds claimed in earlier patents (e.g., EP2012000000 series, US patents).
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Patent Families:
Lilly has constructed a broad patent family covering multiple related compounds and indications, creating a patent thicket to protect product pipelines.
b) Competitors’ IP
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Major pharmaceutical players such as Biogen, Eisai, and Novartis possess overlapping patents in neurodegeneration, with some overlapping chemical scaffolds or mechanisms.
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Implications:
EP2487165's broad claims potentially serve as blocking IP, complicating third-party entry in the same chemical space.
c) Patent Term & Market Outlook
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With its filing date of 2010 and patent protection expiring around 2030, the patent provides a substantial window for commercialization, especially given the therapeutic relevance of Alzheimer’s disease.
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The patent landscape indicates ongoing innovation, with competing patents focusing on different chemical classes, delivery methods, or combination therapies.
Legal and Commercial Considerations
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The broad compound and use claims offer Lilly enforceable rights against infringing entities, especially for products falling within the defined chemical scope.
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The patent’s coverage of formulations and derivatives increases it’s utility in defending against design-arounds.
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Potential Challenges:
Patent validity could be challenged based on novelty or inventive step, particularly if prior art demonstrates similar compounds or use claims. The scope of claim language and relevant prior art will determine enforceability in court.
Conclusion
European Patent EP2487165 exemplifies a strategic, broad-reaching patent in the neurodegenerative disease space. Its compound claims leverage generic Markush structures to maximize coverage, while its method-of-use and composition claims extend the scope of protection. Situated within a competitive landscape characterized by overlapping patents, this patent secures Lilly’s position in the development of potential Alzheimer’s therapeutics.
Key Takeaways
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Broad Protectiveness:
The patent's Markush claims enable Lilly to cover a wide array of chemical variants, safeguarding its pipeline against competitors.
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Therapeutic Focus:
The combination of compound, use, and formulation claims supports multi-layer IP protection, covering the compound itself, its uses, and deliverables.
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Strategic Positioning:
The patent fortifies Lilly’s position in the highly competitive Alzheimer’s drug development arena, creating barriers for third-party entrants.
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Patent Landscape Dynamics:
Continuous innovation and overlapping patents in this field mean that patent validity and enforceability will depend on detailed prior art analysis and patent prosecution strategies.
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Market Implication:
This patent underpins Lilly’s potential future Alzheimer’s drug offerings, which could command significant market share if clinical development proves successful.
FAQs
1. What is the primary chemical novelty of EP2487165?
The patent claims a heterocyclic core with specific substitution patterns, designed to inhibit β-amyloid aggregation, a hallmark of Alzheimer’s disease, creating a broad chemical class with therapeutic potential.
2. How does EP2487165 compare to other patents in Alzheimer’s drug development?
It offers wider coverage through generic Markush claims, unlike more narrowly focused patents, thereby strengthening Lilly’s IP position across a broad chemical landscape.
3. Are method-of-use claims enforceable across Europe?
Yes, but enforceability depends on national laws; in some jurisdictions, second medical use claims require specific formulations or indications registered with authorities.
4. Can competitors develop similar compounds without infringing this patent?
Potentially, if they design compounds outside the claimed chemical scope, or use different mechanisms unrelated to the patent's claims, but legal strategies vary.
5. What are the risks faced by Lilly regarding this patent’s validity?
Challenges may arise if prior art reveals similar compounds or uses; ongoing patent prosecution and legal defenses are essential to uphold claims.
References
[1] European Patent EP2487165.
[2] European Patent Office Official Patent Register.
[3] Lilly Patent Portfolio and Patent Strategies in Neurodegeneration.
[4] Prior Art and Patent Citations related to Alzheimer’s therapeutics.
