Last updated: November 9, 2025
Introduction
European Patent EP2717923, titled "Use of a Bcl-2 inhibitor for treating melanoma," represents a strategic innovation within the oncology therapeutics sector. As part of a comprehensive evaluation for stakeholders—pharmaceutical companies, patent analysts, legal professionals, and R&D entities—understanding its scope, claims, and the broader patent landscape is critical. This report provides an in-depth analysis of these aspects to guide strategic decision-making and intellectual property (IP) positioning.
Overview of Patent EP2717923
EP2717923 was granted by the European Patent Office (EPO) and published on May 20, 2015, with priority claims dating back to 2013. It addresses a method of treating melanoma using specific Bcl-2 inhibitors, notably Venetoclax. The patent claims spotlight the therapeutic application of these inhibitors, particularly for cases resistant to other treatments, thereby broadening the scope for targeted oncology therapy.
Scope of the Patent
Patent Classification and Relevance
This patent falls under the International Patent Classification (IPC) codes A61K 31/00 (medicinal preparations containing organic compounds), and A61P 35/00 (antineoplastic and immunosuppressive agents). Its focus on Bcl-2 inhibitors situates it within targeted cancer therapeutics, aligning with current trends toward precision medicine.
Geographic and Jurisdictional Coverage
EP2717923's protection extends across the European Economic Area (EEA) via the European patent system. Its coverage can be directly validated in member states such as Germany, France, and the UK (pre-Brexit), provided national validations are executed. The patent's strategic importance hinges on its jurisdictional breadth, especially in markets with robust biotech sectors.
Scope Boundaries
The patent's scope centers on the use of Bcl-2 inhibitors for melanoma treatment. Notably:
- It claims the use of Venetoclax (ABT-199) and potentially other Bcl-2 selective inhibitors.
- The claims cover both monotherapy and combination treatments, enhancing therapeutic flexibility.
- The application explicitly targets melanoma with specific genetic or resistance profiles, emphasizing personalized therapy.
The scope is sufficiently broad to encompass other Bcl-2 inhibitors structurally or functionally similar to Venetoclax, provided they fall within claimed parameters, safeguarding a wide spectrum of molecules within the class.
Claims Analysis
Independent Claims
The core independent claim (Claim 1) typically defines:
- The use of a Bcl-2 inhibitor (such as Venetoclax) in treating melanoma.
- The therapeutic context (e.g., in patients resistant to first-line treatments).
This claim broadly encompasses the therapeutic application, serving as the basis for enforcement and licensing.
Dependent Claims
Dependent claims add specificity:
- Claiming specific dosages, such as administering 400 mg/day of Venetoclax.
- Detailing combinatorial regimens, e.g., combining Bcl-2 inhibitors with BRAF inhibitors.
- Covering patient subsets with particular genetic mutations, such as BRAF V600E.
Claim Ambit and Limitations
While the primary claims are broad, they are narrowly focused on certain inhibitors and indications, which limits infringement risks outside the specified context. Nonetheless, the claims are robust enough to prevent similar therapies from circumventing the patent unless substantially different molecules or therapeutic methods are employed.
The claims do not explicitly extend to other cancers beyond melanoma, confining their scope but solidifying their relevance for melanoma-specific therapies.
Legal and Patent Term Considerations
Given its priority date in 2013 and publication in 2015, EP2717923 is enforceable until around 2033, considering standard 20-year patent terms, barring extensions or adjustments. Its claims remain valid as long as maintenance fees are paid and there are no successful oppositions.
Patent Landscape and Competitive Positioning
Prior Art and Similar Patents
- Pre-existing patents in Bcl-2 inhibitors focus on compounds like Venetoclax primarily for hematological malignancies (e.g., chronic lymphocytic leukemia), but fewer address solid tumors such as melanoma.
- Related applications have sought to extend Bcl-2 inhibitor use to solid tumors, yet EP2717923 is among the earliest granted European patents explicitly claiming melanoma treatment.
Post-Grant Patent Applications
- Several patent families have emerged aiming to carve out specific niches, including combinatory therapies and genetic subpopulations.
- Companies such as AbbVie and Genentech have filed related patents exploring Bcl-2 inhibitors across various cancers, indicating an active competitive landscape.
Infringement and Freedom-to-Operate
- The broad wording around "use of Bcl-2 inhibitors" and inclusion of Venetoclax provides potential infringement pathways for competitors developing similar treatments.
- However, deviations in molecular structures, indication scope (e.g., different cancers), or treatment regimens might avoid infringement.
Opposition and Litigation Risks
No major opposition reports exist publicly, but patent challenges in other jurisdictions could influence enforcement strategies. Vigilance is advised in markets where similar patents or growing filings threaten freedom to operate.
Strategic Implications
- For Patent Holders: Maintaining robust claims around specific inhibitors and indications is essential. They should consider extending claims to cover combinatory regimes and different melanoma subtypes.
- For Competing Innovators: Innovators must design around the scope—either by exploring non-Bcl-2 pathways or new molecular entities or by targeting different indications.
- For Licensees and Collaborators: Licensing negotiations hinge on the patent's enforceability and breadth, emphasizing the importance of clear ownership and territorial scope.
Conclusion
EP2717923 signifies a pivotal patent within melanoma therapeutics, reinforcing the strategic value of Bcl-2 inhibitors like Venetoclax beyond hematological cancers. Its broad claims combined with specific disclosures craft a substantial IP barrier in the European market, shaping the competitive landscape in targeted oncology.
Key Takeaways
- Broad Use Claims: EP2717923's claims encompass the use of specific Bcl-2 inhibitors, notably Venetoclax, for melanoma treatment, including in resistant cases.
- Strategic Patent Position: Its jurisdictional coverage and claim scope confer significant exclusivity, especially in Europe, for melanoma-related Bcl-2 inhibitor therapies.
- Landscape Dynamics: It stands as a key patent amid growing filings targeting Bcl-2 in solid tumors, with active competitors exploring similar niches.
- Innovation Opportunities: R&D efforts may focus on designing molecules or therapies outside the scope or advancing combination treatments to circumvent patent barriers.
- Legal Vigilance: Companies should monitor ongoing patent filings, opposition proceedings, and potential infringement risks precisely aligned with this patent's claims.
FAQs
1. Does EP2717923 cover all Bcl-2 inhibitors for melanoma?
No. It specifically claims the use of certain Bcl-2 inhibitors like Venetoclax and similar compounds within the scope of the application. Other Bcl-2 inhibitors not falling within the disclosed structural or functional parameters may not be covered.
2. Can the patent be challenged or invalidated?
While no major opposition is publicly known, challenges based on novelty or inventive step are possible, especially if prior art demonstrating similar use exists. The patent's validity can be contested within opposition procedures in the EPO or in national courts.
3. Is the patent enforceable outside Europe?
Not directly. Enforcement requires national validation in each country. However, the patent family may have corresponding filings in other jurisdictions, forming an international patent portfolio.
4. How does this patent influence R&D strategies?
It signals a strong IP barrier in the melanoma Bcl-2 inhibitor space, prompting innovators to explore alternative molecular targets, different indications, or novel chemical entities to avoid infringement.
5. What are the risks for generic manufacturers?
Generics seeking to enter the melanoma Bcl-2 inhibitor market must develop non-infringing compounds or formulations, or wait until the patent expires, unless they challenge or design around its claims.
References:
[1] European Patent EP2717923 B1.
[2] Prior art and related filings in the Bcl-2 inhibitor space.
[3] EPO patent documentation and legal status records.
