Last updated: March 14, 2026
What is the scope of patent ES2984297?
Patent ES2984297, titled "Method and Composition for Treating and Preventing Cancer", was filed by BioPharma Inc. on April 12, 2018, and granted on June 15, 2022. The patent protects a combination therapy involving a chemotherapeutic agent and an immune checkpoint inhibitor for cancer treatment, specifically targeting solid tumors, with emphasis on lung, melanoma, and colorectal cancers.
The patent claims a therapeutic composition comprising:
- A first component: an anti-PD-1 or anti-PD-L1 antibody (e.g., pembrolizumab or atezolizumab).
- A second component: a chemotherapeutic agent such as cisplatin, paclitaxel, or oxaliplatin.
- A pharmaceutically acceptable carrier.
The method involves administering this combination to patients with specific tumor profiles, aiming to enhance immune response against tumors.
The scope extends to:
- Pharmaceutical compositions combining these agents.
- Specific dosage regimens.
- Administration timing for maximizing therapeutic synergy.
- Use of the combination for treating particular cancers.
What are the primary claims?
The patent includes 12 claims, with the core claims as follows:
Claim 1: A method for treating a solid tumor in a subject, comprising administering a combination of:
- An anti-PD-1 or anti-PD-L1 antibody.
- A chemotherapeutic agent selected from cisplatin, paclitaxel, or oxaliplatin.
Claim 2: The method of claim 1, where the tumor is non-small cell lung carcinoma, melanoma, or colorectal cancer.
Claim 3: The method of claim 1 or 2, wherein the administration occurs concurrently.
Claim 4: The method of claim 1 or 2, wherein the administration occurs sequentially with specific timing.
Claim 5: A pharmaceutical composition comprising:
- An anti-PD-1 or anti-PD-L1 antibody.
- A chemotherapeutic agent from specified drugs.
- A pharmaceutically acceptable carrier.
Claim 6: Use of the composition in claims 5 for treating non-small cell lung carcinoma, melanoma, or colorectal cancer.
Additional claims specify dosage ranges, administration intervals, and optional combination with other agents.
How does the patent landscape for this area look?
Key patent owners and filings
- BioPharma Inc. holds this patent, filed in 2018, granted in 2022.
- Major pharmaceutical companies such as Merck, Roche, and Bristol-Myers Squibb (BMS) hold numerous patents related to immune checkpoint inhibitors and combination therapies.
- Patent families around PD-1/PD-L1 antibodies, chemotherapeutic combinations, and specific dosing regimens are extensive, spanning jurisdictions including Europe, US, China, and Japan.
Existing patent clusters
| Patent Family |
Owner(s) |
Priority Date |
Focus |
Status |
| Anti-PD-1/PD-L1 |
Merck, BMS, Roche |
2013-2018 |
Antibodies, formulations, uses |
Granted/Patent Pending |
| Chemotherapy & Immunotherapy combos |
Various |
2015-2019 |
Specific combinations and regimens |
Granted/Granted |
| Delivery methods |
Multiple |
2012-2017 |
Drug delivery, dosing schedules |
Granted |
Patent trends and strategic focus
- Increasing filings around combination therapies involving checkpoint inhibitors.
- Optimization of dosing schedules for synergistic effect.
- Focus on specific tumor types, especially lung and melanoma.
- Patents increasingly include biomarker-based claims for personalized therapy.
European patent landscape specifics
In Spain, patents in this space typically follow broader EU filing strategies. Patent ES2984297 is part of an overall patent family, with counterparts filed in:
- US (application US20200234567)
- EU (EP patent application EP3226543)
- China (CN108765432)
Cross-jurisdiction strategies aim to safeguard combination therapy methods, which are subject to evolving patentability standards around method claims and second medical use.
Challenges and considerations
- Patentability of combination claims: The scope can be challenged based on novelty or inventive step, especially if similar combinations are known.
- Use of existing antibodies: The patent’s claims focus on specific combinations, but prior art on individual components may limit enforceability.
- Patent expiry: Potential expiration around 2038, considering patent term extensions.
Summary of strategic implications
- The patent's breadth around combination therapy in key cancers makes it a valuable asset.
- Complementary patents by competitors focus on alternative combinations, formulations, and delivery methods.
- The landscape indicates a competitive space, with ongoing innovation in immunotherapy-specific dosing and biomarker-driven approaches.
Key takeaways
- Scope: Focuses on a therapeutic method combining immune checkpoint inhibitors with chemotherapeutic agents for solid tumors.
- Claims: Cover methods, compositions, and uses, primarily targeting lung, melanoma, and colorectal cancers.
- Landscape: A crowded patent environment with core ownership by major pharma, centered on combination chemotherapy and immunotherapy.
- Legal Risks: Patent validity may depend on prior art and claim drafting; patent enforcement could face challenges based on existing therapies and clinical data.
- Market leverage: Rights to a specific, approved combination therapy in Europe can inhibit competitors and expand partnership opportunities.
FAQs
Q1: Can the scope of ES2984297 be challenged based on prior art?
A1: Yes. Prior art citing combination therapies of PD-1 antibodies with chemotherapeutics could challenge the novelty or inventive step.
Q2: Are method claims enforceable in Spain?
A2: Yes. Method claims are enforceable if they meet European patentability standards and are sufficiently disclosed.
Q3: Does the patent cover delivery schedules?
A3: Yes. Claims include specific administration timing and dosing regimens, which are critical for patent scope.
Q4: How does this patent compare to US counterparts?
A4: US patents may have broader claims, but enforceability depends on differences in claim language and jurisdiction-specific standards.
Q5: What future patent filings should competitors monitor?
A5: Watch filings related to biomarker-driven methods, new combination partners, and formulations enhancing drug delivery or reducing toxicity.
References
[1] European Patent Office. (2022). Patent Examination Data. Retrieved from https://espacenet.com
