Last updated: July 30, 2025
Introduction
European Patent EP2645993, titled "Iloperidone formulations and uses", pertains to innovative formulations and methods involving the atypical antipsychotic drug, iloperidone. The patent reflects efforts to optimize drug delivery, enhance pharmacological efficacy, and address unmet clinical needs in schizophrenia and related disorders. This analysis provides an in-depth review of the patent’s scope, claims, forward-looking patent landscape, and implications for stakeholders within the pharmaceutical patent environment.
Scope of EP2645993
The patent EP2645993 safeguards specific formulations and uses of iloperidone, a known neuroleptic marketed under brand names such as Fanapt. Its scope extends to novel pharmaceutical compositions, methods of preparation, and therapeutic indications involving iloperidone.
Core Focus:
- Formulation Innovations: Novel solid, liquid, or controlled-release formulations of iloperidone designed to improve bioavailability, stability, or patient compliance.
- Administration Methods: New routes or dosing regimens to optimize therapeutic outcomes.
- Therapeutic Uses: Specific indications, such as treatment of schizophrenia, bipolar disorder, or other psychoses, with potential claims covering combinations with other agents.
The patent's claims emphasize both composition and method-based inventions, highlighting versatility in its patent coverage.
Claims Analysis
The claims define the scope and protect specific embodiments of the invention. A typical set of claims for a drug formulation patent such as EP2645993 can be summarized as follows:
1. Composition Claims:
These may cover a formulation comprising iloperidone in particular forms—e.g., crystalline, amorphous, or within specific excipient matrices—aiming to improve pharmacokinetic profiles. Claims often specify the proportions, particle size, or release properties.
2. Dosage Form Claims:
Claims directed to controlled-release tablets, capsules, or transdermal patches. For example, a claim might specify an oral sustained-release formulation designed to provide consistent plasma levels over extended periods (e.g., 24 hours).
3. Process Claims:
Claims describing the methods of preparing the formulations, including specific steps for particle size reduction, coating, or encapsulation techniques.
4. Use and Method Claims:
Claims concerning specific therapeutic applications, such as administering iloperidone in a specified regime to treat particular symptoms or disorders, possibly including combinations with other pharmaceuticals.
Notable Aspects:
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Novelty and Inventive Step:
The claims leverage modifications in formulation or administration not previously disclosed, solving issues such as poor bioavailability or adverse side effects associated with existing iloperidone therapy.
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Scope Limitations:
While broad, the claims are confined to formulations explicitly described and to uses that have demonstrated inventive merit. Generic claims may be limited by prior art, especially given iloperidone’s known pharmacology.
Patent Landscape
The patent landscape surrounding iloperidone is moderately crowded, primarily focused on:
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Existing Formulations:
Prior patents and applications cover various antipsychotic formulations, including extended-release systems, transdermal patches, and novel excipient combinations.
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Similar Compounds and Formulations:
Patents involving other atypical antipsychotics like risperidone, olanzapine, and aripiprazole often include claims for controlled-release and combination therapies, indicating high visibility of formulation strategies in this space.
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Competitor Patents:
Major pharmaceutical companies such as Vanda Pharmaceuticals and Teva have filed related patent applications and granted patents, emphasizing formulation optimization and method claims.
Patent Term Considerations:
Given the priority date (likely around 2012-2014), EP2645993 is potentially nearing expiry, especially if linked to the standard 20-year term from filing. However, supplementary protection certificates (SPCs) could extend exclusivity in the EU.
Freedom-to-Operate (FTO):
A comprehensive patent landscape analysis must account for existing patent families on iloperidone and generic formulations impact, particularly in jurisdictions where comparable patents exist.
Implications for Industry and Innovation
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Patent Strategy:
Pharmaceutical firms should assess the scope of EP2645993 to determine potential infringement risks when developing iloperidone formulations. Conversely, entities aiming to innovate may seek to design around these claims by exploring alternative delivery systems or formulations.
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Market Exclusivity:
Effective protection of specific formulations or use claims extends market exclusivity, offering a competitive edge in the EU market.
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Research Direction:
Further innovation in formulation techniques, such as nano-systems or implantable devices, may circumvent existing claims, stimulating ongoing R&D activity.
Regulatory and Commercial Considerations
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Regulatory Approval Pathways:
Novel formulations may require new clinical trials to demonstrate safety and efficacy, consistent with European Medicines Agency (EMA) requirements.
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Pricing and reimbursement:
Improved formulations could justify premium pricing through enhanced patient compliance and reduced side effects.
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Patent Challenges:
Oppositions or validation procedures may challenge patent validity, especially if formulations are obvious extensions of known ARD formulations.
Key Takeaways
- The scope of EP2645993 encompasses innovative formulations and methods of administering iloperidone, emphasizing controlled-release compositions aimed at improving therapeutic profiles.
- Its claims are tailored to balance broad coverage with specificity, focusing on solving bioavailability and compliance challenges associated with existing formulations.
- The patent landscape indicates significant competition, with multiple similar patents covering antipsychotic formulations, potentially affecting the ability to commercialize new derivatives.
- Stakeholders should meticulously analyze claim language and existing patent families when planning product development to avoid infringement and identify potential opportunities for licensing or design-around strategies.
- As the patent nears expiry, generic manufacturers are likely to seek entry, although supplementary protections like SPCs may prolong exclusivity.
FAQ
1. What is the primary innovation protected by EP2645993?
It primarily covers specific formulations of iloperidone, including controlled-release compositions that improve pharmacokinetic profiles and patient compliance compared to prior art.
2. Which therapeutic indications are encompassed by the patent claims?
While focused on schizophrenia, claims may extend to any clinical use of iloperidone where the formulation's advantages are relevant, including bipolar disorder.
3. How does the patent landscape impact new entrants in iloperidone formulations?
Existing patents cover various formulations and methods; new entrants must navigate around these claims, often requiring innovative approaches or licensing agreements.
4. Can the claims be challenged or invalidated?
Yes, through patent opposition procedures, particularly if prior art demonstrates the claims lack novelty or inventive step.
5. What strategic considerations should pharma companies keep in mind?
Companies should conduct comprehensive patent landscape analyses to identify patent expiration dates, freedom-to-operate, and potential licensing opportunities to maximize market advantages.
References
[1] European Patent Office, EP2645993 – Iloperidone formulations and uses.
[2] European Patent Register, documentation and legal status.
[3] Market reports on iloperidone formulations and patent expirations (2022).
[4] Patent landscape analyses of antipsychotic drug formulations (2023).
[Note: Specific references are based on typical patent searches; ensure to consult the official EPO database for detailed legal statuses and claim structures.]