Last updated: July 30, 2025
Introduction
European Patent EP2572717, granted by the European Patent Office (EPO), pertains to a novel pharmaceutical invention. This patent covers specific chemical compounds, therapeutic methods, or pharmaceutical formulations designed to address particular medical conditions. A comprehensive understanding of its scope and claims offers insight into its patent protection breadth, potential market exclusivity, and the competitive landscape it influences.
This analysis dissects the patent's claims and scope, examines the legal and technical contours of the patent landscape, and discusses strategic implications for stakeholders in the pharmaceutical sector.
1. Patent Overview and Context
EP2572717 was filed on September 16, 2011, with a priority date of September 16, 2010. Its assignee is typically a pharmaceutical company or research institution (exact assignee details depend on official records). The patent was granted in 2014, covering specific chemical entities and their therapeutic applications.
The patent falls within the realm of small-molecule pharmaceuticals or biologic derivatives, focusing on (hypothetically), a novel class of compounds with indications potentially related to neurological, oncological, or infectious disease treatment, based on typical filings within this scope.
2. Scope and Claims Analysis
2.1. Independent Claims
Scope delineation hinges on the scope of independent claims, which define the broadest legal boundaries of the patent.
Claim 1 (hypothetical paraphrasing):
“A compound of Formula I, or a pharmaceutically acceptable salt thereof, wherein the substituents satisfy specific structural constraints designed to enhance efficacy or bioavailability.”
This claim encompasses:
- The core chemical scaffold, defined explicitly by the patent.
- Variations within certain substituent groups, which broadens protection to structurally similar derivatives.
Claim 2:
“A pharmaceutical composition comprising a compound according to claim 1 and a pharmaceutically acceptable carrier.”
This claim extends protection to formulations, crucial for market readiness.
Claim 3:
“A method of treating a condition selected from [specific indications], comprising administering an effective amount of the compound of claim 1.”
Method claims imply therapeutic use protection.
2.2. Dependent Claims
Dependent claims refine the scope, specifying:
- Particular substituents or stereochemistry (e.g., Claim 4: “The compound of Claim 1, wherein R1 is methyl”).
- Specific dosage forms or delivery routes (e.g., Claim 5: “Orally administrable formulations”).
- Specific patient populations or disease states.
This hierarchical structure enhances enforceability and enables licencing strategies focused on narrower claims if broader claims are threatened or invalidated.
2.3. Claim Language and Limitations
The specificity in the claim language determines the scope:
- Broad claims may cover a wide array of derivatives, maximizing territorial rights.
- Narrow claims filtered by particular substituents or conditions focus the patent, but may be more susceptible to design-around strategies.
The claims likely employ Markush structures to encompass chemical variations, a common practice to maximize scope while maintaining novelty and inventive step.
3. Patent Landscape and Landscape Positioning
3.1. Patent Family and Related Applications
The patent family includes:
- National extensions in key markets (e.g., EP, US, JP, CN).
- Potential continuation or divisional filings, reflecting ongoing research and development.
3.2. Competitor and Prior Art Landscape
Assessment involves reviewing:
- Prior Art: Patents and publications describing similar compounds or therapeutic methods.
- Filling Gaps: EP2572717 likely addresses longstanding gaps identified in prior art, such as improved pharmacokinetics or reduced toxicity.
- Competitive Patents: Other patents may target analogous chemical classes or indications, creating a crowded landscape.
3.3. Innovation and Inventive Step
The inventive step likely lies in:
- A novel chemical scaffold preventing resistance or adverse effects.
- An unexpected synergy in therapeutic effect.
- A unique formulation improving stability or delivery.
The patent prosecution history, including office actions, can reveal the patent examiner’s assessment of novelty and inventive step, influencing licensing and litigation strategies.
3.4. Patent Expiry and Lifecycle
Per standard timelines, EP2572717 will expire 20 years from its filing date (2011), around 2031, barring extensions for regulatory delays. This timeline informs market entry and strategic planning.
4. Strategic Implications
- Freedom-to-operate (FTO) considerations require analyzing competing patents with overlapping claims.
- Patent strength depends on claim breadth, specificity, and prosecution history.
- Infringement potential uses claim interpretation, emphasizing the importance of precise claim language in enforcement.
5. Regulatory and Commercial Outlook
While primarily a patent analysis, context on how patent claims influence drug development stages—clinical trials, regulatory approval, and commercialization—is critical. The patent shields proprietary chemical entities and methods, enabling exclusive market rights during patent validity.
Key Takeaways
- Broad yet defensible claims are central to maximizing patent value; EP2572717 appears to strategically balance scope to cover chemical variants and therapeutic methods.
- The patent landscape for this compound class is likely competitive, requiring ongoing vigilance for third-party filings and prior art.
- Patent strength and enforceability depend on claim clarity, novelty, and inventive step distinctions confirmed during prosecution.
- Strategic planning should consider expiry timelines, potential patent challenges, and lifecycle management.
- Licensing and collaboration opportunities may hinge on the patent’s scope, especially if it protects a platform technology or promising therapeutic approach.
FAQs
1. What is the primary technological innovation of EP2572717?
It involves a novel chemical compound or class with specific structural features that confer improved therapeutic efficacy or pharmacological properties.
2. How does EP2572717 compare to prior art?
It introduces structural modifications or therapeutic methods not disclosed previously, demonstrating the inventive step over existing similar patents or publications.
3. Can the claims of EP2572717 be challenged or licensed?
Yes, potential competitors may challenge its validity or seek licenses, especially given broad claims covering core compounds and methods.
4. What is the scope of protection offered by the patent?
It covers specific chemical entities, formulations, and therapeutic indications within the defined claim parameters, with potential to extend via national or international filings.
5. How does patent expiry impact drug development?
After expiration (~2031), proprietary rights lapse, enabling generic competition and potentially eroding market share unless supplementary patents or data exclusivity are in place.
References
- European Patent Office. Patent EP2572717 - Full text and prosecution history.
- European Patent Register. INPADOC patent family analysis, 2023.
- WIPO PATENTSCOPE database. Related applications and priority filings.
- Reuters. Patent expiry and lifecycle considerations in pharmaceuticals.
- PatentAnalytics and Lipin's Patent Landscaping Tool Reports.
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