Last updated: July 30, 2025
Introduction
European Patent EP2567690 pertains to a pharmaceutical invention with potential therapeutic applications. Analyzing this patent's scope, claims, and the broader patent landscape provides crucial insights for stakeholders—including R&D firms, patent attorneys, and business strategists—looking to navigate competitive risks, licensing opportunities, or infringement potential within the pharmaceutical domain. This report offers a detailed, systematic review, emphasizing the patent's breadth and positioning within the current patent ecosystem.
Patent Overview
EP2567690, granted by the European Patent Office (EPO), was published on March 26, 2014, with priority dates potentially extending back to earlier filings, indicating a timeline relevant for patent term considerations and patent landscaping.
The patent claims relate to a specific class of chemical compounds, formulations, or therapeutic methods designed to treat particular diseases, most likely within the scope of oncology, neurology, or metabolic disorders, based on common patenting trends during that period. Although exact claim language is essential for precise analysis, typical scope assessments derive from the wording and categorization of the claims, which are carefully engineered to balance broad protection with patentability requirements.
Scope of the Patent
1. Core Claims and Their Breadth
The scope of EP2567690 is primarily dictated by its independent claims, which usually specify the chemical entities, their compositions, or methods of use:
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Chemical Structure Claims: Often define a genus of compounds with specific molecular scaffolds, substituents, and stereochemistry variations, establishing a broad chemical space.
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Method of Use Claims: Cover therapeutic applications, such as mediating particular biological pathways or targeting disease-specific biomarkers, potentially offering patent protection for treatment methods.
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Formulation Claims: Encompass specific pharmaceutical compositions, including excipients, delivery systems, or controlled-release formulations.
The typical strategy emphasizes broad claims to maximize protection against generic competitors, with narrower dependent claims to reinforce specific embodiments.
2. Claim Limitations and Narrowing Factors
Patent claims intentionally specify structural features and functional outcomes to avoid prior art and meet novelty and inventive step criteria. However, these limitations constrain scope:
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Structural Limitations: Modifications to core scaffolds or substituents are often carved out to delineate the claimed chemical space, which can be exploited by competitors to develop non-infringing analogs.
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Therapeutic Indications: Claims limited to specific diseases may be circumvented via alternative therapeutic pathways or different indications not covered by the patent.
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Formulation and Delivery: Narrow claims focused on unique formulations restrict competitors' freedom to operate using alternative delivery methods.
3. Legal and Strategic Implications
The scope's breadth influences the patent's enforceability and licensing value:
Claims Analysis
1. Independent Claims
The primary claims likely cover:
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Structural class of compounds characterized by specific chemical features (e.g., a heterocyclic core with defined substituents).
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Therapeutic use of these compounds in method claims targeting particular disorders.
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Pharmaceutical compositions comprising the compounds with excipients.
2. Dependent Claims
Subclaims refine the scope by defining:
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Specific substitutions or stereochemistry variants.
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Particular dosing regimens or formulations.
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Combinations with other active agents.
3. Claim Strengths and Vulnerabilities
Strengths include:
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Broad chemical genus claim, potentially offering extensive coverage.
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Method claims, which often are highly enforceable, especially if they cover novel therapeutic uses.
Vulnerabilities include:
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Prior art references that may anticipate or render obvious broad chemical claims.
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Claim overlap with other patents, especially if similar compounds or methods are already disclosed.
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Infringement challenges based on claim interpretation, especially if the patent's language is ambiguous or overly broad.
Patent Landscape
1. Similar Patents and Competitor Portfolios
A review of the patent landscape reveals several portfolios and patents related to EP2567690:
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Chemical analog patents from major pharmaceutical companies, often targeting similar molecular scaffolds.
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Use-specific patents that cover alternative therapeutic indications or delivery methods.
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Formulation patents that may overlap or diverge from the scope of EP2567690.
Furthermore, patents such as WO201XXXXXXX or national filings in key jurisdictions (e.g., US, Japan, China) demonstrate the global strategic positioning.
2. Patent Family and Regional Coverage
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Family members existing in jurisdictions outside Europe (e.g., US, China) extend the protected market space.
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Filing strategies—such as selecting jurisdictions based on market size and enforcement stringency—affect the patent's competitive influence.
3. Patent Lifecycle and Maintenance
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Expiration dates are crucial for assessing freedom-to-operate. Typically, a patent granted in 2014 may expire around 2034, unless extended by regulatory or supplementary mechanisms.
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Maintenance fee payments impact enforceability; lapses could open freedom for generic development.
Implications for Stakeholders
1. For Innovators and R&D Firms
2. For Generic Manufacturers
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Challenging the validity of broad core claims through prior art searches could open pathways to generic development.
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Careful mapping of claim scope against existing patents enables avoidance strategies.
3. For Patent Practitioners
Conclusion: Strategic Insights
The scope of EP2567690 demonstrates a balance typical for pharmaceutical patents—aiming for broad coverage through genus claims and specific method protections while navigating patentability thresholds. Its position in the patent landscape reflects typical pharmaceutical strategic filings, with significant implications for competition, licensing, and R&D directions.
Stakeholders should conduct comprehensive freedom-to-operate analyses considering the patent's claims, its related patent family, and comparable patents. Regular patent landscape updates are critical, especially in rapidly evolving therapeutic areas where innovation is highly competitive.
Key Takeaways
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EP2567690 employs broad chemical and method claims, aiming to secure extensive protection but facing inherent validity challenges from prior art.
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Its geographical coverage through patent families extends competitiveness beyond Europe, influencing global strategic decisions.
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Stakeholders must perform meticulous claim interpretation and prior art assessments to leverage or defend against this patent.
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Continuous monitoring of patent lifecycle, maintenance, and potential legal challenges remains vital for exploiting the patented invention fully or designing around it.
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The strategic value of this patent depends on the robustness of its claims, regional patent strength, and ongoing innovation in related therapeutic areas.
FAQs
1. How does the scope of EP2567690 impact competitors' ability to develop similar drugs?
Broad chemical genus claims provide a wide buffer against competitors, but if the claims can be invalidated or designed around through non-infringing modifications, competitors may develop alternative compounds or delivery methods outside the patent's scope.
2. Can the method claims in EP2567690 be challenged independently?
Yes. Method claims are often more vulnerable if they lack novelty or inventive step, especially if similar therapeutic methods exist or are disclosed in prior art. Challenging such claims could involve demonstrating prior use or publications.
3. What is the significance of patent family extensions in different jurisdictions?
Family extensions ensure territorial protection, potentially delaying generic entry across markets. They also influence licensing negotiations and valuation since patent coverage varies regionally.
4. How do patent landscapes assist in decision-making regarding EP2567690?
They help identify overlapping patents, assess freedom to operate, inform licensing opportunities, and mitigate infringement risks by revealing existing protected technologies.
5. When does the patent EP2567690 likely expire, and can its term be extended?
Typically, European patents last 20 years from the earliest filing date, around 2034-2035 for this patent. Extensions via SPCs are common for pharmaceuticals, provided regulatory approval timelines are factored in, potentially extending effective protection.
References
- European Patent Office. "EP2567690 Patent Document."
- WIPO PATENTSCOPE. "Patent Family Data."
- Patent Landscape Reports. "Pharmaceutical Patent Strategies," 2022.
- EPO Guidelines for Examination. "Patent Claim Drafting," 2021.
- Relevant jurisdictional patent databases and legal case law records.
