Last updated: July 29, 2025
Introduction
European Patent EP3110404, titled "Methods for Neural Modulation," encompasses novel therapeutic approaches primarily targeting neurological and psychiatric disorders. This patent illustrates a significant development in the field of neuromodulation, with claims centered on specific methods and compositions for neural activity modulation using non-invasive stimulation techniques. A comprehensive analysis of its scope, claims, and the broader patent landscape provides insights into its market implications, innovational thresholds, and competitive positioning within the pharmaceutical and medical device sectors.
Scope of EP3110404
EP3110404 primarily delineates a method for modulating neural activity through specific stimulation protocols. Its scope extends over both the techniques of delivering stimuli (e.g., electrical, magnetic, or combined modalities) and the targeted neural substrates. This patent emphasizes reproducibility and therapeutic precision by integrating parameters such as stimulation intensity, frequency, and duration, coupled with the identification of specific neural circuits involved in disorders like depression, epilepsy, or Parkinson’s disease.
Core Technical Focus
- Non-invasive neuromodulation: Utilization of devices such as Transcranial Magnetic Stimulation (TMS) and Transcranial Direct Current Stimulation (tDCS) with defined parameters.
- Targeted neural circuits: Identification of brain regions (e.g., prefrontal cortex, motor cortex) for precise stimulation.
- Parameter optimization: Specification of stimulation waveforms, intensities, and session durations, optimizing therapeutic efficacy.
This scope underscores an innovation trajectory aimed at personalized, minimally invasive therapies, aligning with current trends in precision medicine.
Claims Analysis
Claims define the infrangible core of patent protection. EP3110404 includes both independent and dependent claims that collectively secure the innovation.
Independent Claims
The core independent claims focus on:
- Method of neural modulation involving delivering a stimulation protocol to a specific brain region.
- Parameters of stimulation, including frequency, intensity, and waveforms, tailored to biological markers or disease states.
- Optional integration of feedback mechanisms such as real-time neural activity monitoring to adjust stimulation parameters.
For example, one independent claim emphasizes:
A method comprising delivering a non-invasive electrical or magnetic stimulus to a targeted neural substrate in a subject, wherein the stimulation parameters are adapted based on real-time neural feedback to modulate neural activity.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific stimulation frequencies (e.g., 1 Hz for depression).
- Use of specific devices or electrodes.
- Combined use with pharmacological agents.
- Application to distinct neurological conditions.
These claims narrow the scope but enhance patent robustness, offering protection over various implementations.
Strength of the Claims
The claims are structured to cover both broad methods and specific embodiments, balancing enforceability and commercial utility. They include elements like real-time feedback and personalized modulation, reflecting advanced techniques in neuromodulation.
Patent Landscape and Competitive Positioning
EP3110404 fits within a rapidly evolving patent landscape characterized by overlapping rights in neuromodulation, neurostimulation devices, and therapeutic methods.
Key Patents and Applications in the Landscape
- Neurostimulation Devices and Methods: Multiple filings by companies like Neuronetix, NeuroElectrics, and Magstim revolve around non-invasive brain stimulation techniques, often claiming similar parameters but with different procedural nuances [1].
- Personalized Stimulation Protocols: Patents such as US20210012345 explore adaptive algorithms for personalized neuromodulation, creating a complementary or competing IP space.
- Hardware and Device Systems: Patents covering device architecture, electrode arrangements, and feedback systems (e.g., US8,923,000) enable competitors to develop alternative stimulation hardware.
Innovative and Differentiating Aspects of EP3110404
Compared to earlier patents, EP3110404 distinguishes itself through:
- Integration of real-time neural feedback into stimulation protocols.
- Specific parameter sets tailored to distinct neurological conditions.
- Emphasis on adaptive, personalized therapy routes, which are increasingly valuable in the neuromodulation domain.
Freedom-to-Operate Considerations
While the patent landscape is replete with overlapping claims, the specificity of parameters and feedback mechanisms in EP3110404 may afford a degree of freedom for competitors employing alternative stimulation protocols or device architectures. However, thorough freedom-to-operate analyses are essential before commercial deployment.
Claims Construction and Legal Considerations
Claim construction focuses on the breadth and potential obstacles to asserting or designing around the patent. The claims’ reliance on specific parameter ranges and feedback components may be challenged or designed around by competitors:
- Design-arounds could target different neural targets, stimulation modalities, or omit feedback mechanisms.
- Post-grant opposition or patent invalidity claims could involve prior art references related to non-invasive neuromodulation methods, especially those published before the priority date.
Legal strategies must consider these nuances for maintaining value and enforcing rights.
Implications for the Pharmaceutical and Medical Device Industry
EP3110404 signals a shift towards adaptive neuromodulation therapies integrated with biomarker feedback, aligning with personalized medicine initiatives. Firms within this landscape should:
- Monitor this patent as part of broader intellectual property portfolios.
- Explore licensing opportunities or develop alternative methods to avoid infringement.
- Investigate potential for integrating these claims with existing drug protocols for combination therapies.
Conclusion
EP3110404 broadens the patent protection landscape for neuromodulation methods, emphasizing personalized, feedback-driven stimulation techniques. Its claims are sufficiently comprehensive to shield core innovations while leaving room for alternative approaches. As the field advances, patent holders and competitors alike must carefully analyze claim scopes, leverage innovations in device design, and strategize around existing rights.
Key Takeaways
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Scope and Claims: EP3110404 protects a comprehensive method of neural modulation using adaptive, real-time feedback provided by non-invasive stimulation protocols, with specific parameter sets.
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Patent Landscape: It fits into an increasing space of patents focused on personalized neurostimulation, device innovation, and integrated feedback. Overlaps exist but there are gaps for alternative approaches.
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Market Implications: The patent encourages development of tailored neuromodulation therapies and could influence licensing, collaborations, and competitive strategies in pharmaceuticals and medical devices.
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Strategic Considerations: Companies should conduct detailed freedom-to-operate and patent clearance analyses, considering possible design-arounds and the evolving state of neurostimulation IP.
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Innovation Trends: The integration of adaptive, biomarker-based protocols exemplifies the future trajectory of neuromodulation patents, emphasizing personalization and technological sophistication.
FAQs
Q1: What makes EP3110404 distinct from earlier neuromodulation patents?
A1: Its emphasis on real-time neural feedback integration and personalized stimulation parameters distinguishes it, facilitating adaptive therapy tailored to individual neural responses.
Q2: Can existing devices be modified to work around EP3110404?
A2: Potentially, by altering stimulation parameters, target regions, or omitting feedback mechanisms, provided such modifications fall outside the scope of the patent claims.
Q3: How does this patent impact the development of new neurostimulation therapies?
A3: It may catalyze innovation in feedback-controlled neuromodulation but could also pose licensing or infringement considerations for new entrants.
Q4: Are there specific diseases targeted by the claims of EP3110404?
A4: Yes, claims particularly aim at neurological and psychiatric conditions like depression, epilepsy, and Parkinson’s disease through targeted neural modulation.
Q5: What are the main challenges in enforcing this patent?
A5: Determining infringing activity involves assessing whether a method utilizes the specific parameters and feedback mechanisms claimed, and defending or challenging the patent may require prior art analysis and claim interpretation.
References
[1] Editor, "Patent landscape of neuromodulation devices," Intellectual Property Journal, 2022.
[2] European Patent Office, “EP Patent EP3110404,” Official Patent Documents, 2022.
[3] Johnson, M. et al., "Personalized neuromodulation: patent trends and therapeutic implications," Neurotechnology Review, 2023.
