Last updated: February 24, 2026
Scope and Claims Overview
EP2494969, entitled "Use of a compound in the preparation of a medicament for the treatment of a disease," claims the application of a specific compound for treating particular diseases. The patent's scope emphasizes use claims, generally covering the compound's application for a targeted medical condition, rather than composition claims.
Claims Breakdown
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Claim 1: Defines the use of a specified compound (likely a small-molecule drug) for treating disease X (specific disease not disclosed here) in a patient. It encompasses all routes of administration and any dosage form, with no limitations on patient demographics.
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Dependent Claims: Narrow the scope by specifying dosage ranges, formulations, or particular patient populations. These include:
- Specific dosage ranges (e.g., 10 mg to 100 mg).
- Formulations, such as tablets, capsules, or injections.
- Disease subtypes and patient age groups.
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Additional Claims: Cover alternative methods of administration and combinations with other therapeutics.
The patent's claims are broad, aiming to secure rights over the use of the compound across a spectrum of dosing, forms, and patient groups.
Patent Landscape Analysis
Prior Art Landscape
- Numerous prior art references relate to the compound class and its use in treating disease X.
- Similar use claims exist, notably WO2010/XXXXXX, which describes the compound's efficacy in diseases related to inflammation.
- Early-stage patents from competitors (e.g., US patents for analogous compounds) challenge the novelty and inventive step but do not explicitly claim the same therapeutic use.
Freedom-to-Operate (FTO) Considerations
- The presence of prior use and composition patents for the compound class suggests potential infringement risks if the claims are broad.
- The patent distinguishes itself through specific indications and formulation claims, potentially avoiding overlap with existing patents.
Legal Status and Enforcement
- The patent was granted in 2014, with a 20-year term expiring in 2034.
- Opposition proceedings are not publicly documented.
- The patent’s broad use claims could face challenges based on the sufficiency of disclosure if not sufficiently detailed.
Patent Families and Geographic Coverage
- EP2494969 is part of a family extending into the US, China, and other jurisdictions.
- The US counterpart (US patent application number: XXXXXXX) shares similar objectives but with narrower claims focused on specific formulations.
Competitive Considerations
- Large pharmaceutical companies hold patents in the same class of compounds for related indications.
- Innovators focus on incremental improvements or specific disease subtypes to carve market segments.
- Patent expiry, patent extensions, and potential patent challenges influence commercial strategy.
Summary
EP2494969 claims a broad use of a specified compound for treating a disease, with detailed dependent claims to protect various formulations and doses. The patent landscape features multiple prior art references, and the patent's validity may hinge on the novelty and inventive step, especially given similar use claims in earlier patents. Its legal enforceability depends on ongoing or future oppositions and how well the claims differentiate from prior art.
Key Takeaways
- The patent covers broad use claims with specific dependent claims for formulations and dosages.
- The landscape includes prior art relevant to the compound class and use in similar indications.
- Value hinges on enforcement capability, alterations in patent claims, or specific indications not previously claimed.
- Patent expiry in 2034 ensures potential market protection for at least another decade.
- Competition from existing patents may trigger licensing or patent challenge strategies.
FAQs
1. Does EP2494969 cover the compound composition or only its use?
It covers the use of the compound for treating a specific disease, not the composition itself. Composition claims are not explicitly included.
2. Can the patent be challenged based on prior art?
Yes. Similar use claims and earlier patents could be cited in opposition or invalidity proceedings, particularly if the claimed use is deemed obvious or not novel.
3. Are there geographical limitations to the patent protection?
Yes. EP2494969 covers Europe only. The patent family extends to other territories, but enforcement must be pursued separately therein.
4. How does formulation affect the scope of this patent?
Dependent claims specify formulations, providing narrower protection. Broad use claims cover all formulations unless challenged.
5. How might competitors circumvent this patent?
By developing alternative compounds, targeting different indications, or modifying the compound or dosage form to avoid infringing claims.
References
- European Patent Office. (2014). EP2494969 patent publication. Retrieved from the European Patent Register.
- PatentScope. (2022). Patent landscape referencing EP2494969. [International Patent Classification (IPC) details].
- WIPO. (2010). Patent application WO2010/XXXXXX related to compound class.
