Last updated: February 23, 2026
What is the scope of JP2017514903?
The patent JP2017514903, titled "Method for treating inflammatory bowel disease," was filed in Japan on November 21, 2017, and published on December 21, 2017. It claims a novel method involving administration of a specific compound or formulation to treat inflammatory bowel diseases (IBD), including Crohn’s disease and ulcerative colitis.
The patent encompasses claims directed to:
-
The use of a benzimidazole derivative, specifically referenced compounds such as omeprazole or its analogs, for IBD treatment.
-
Specific formulations containing benzimidazole derivatives, potentially in combination with other agents.
-
Methods of administering effective doses of these compounds to achieve therapeutic effects in IBD patients.
The claims focus on the therapeutic method, rather than the compound itself, indicating a patent on a treatment approach rather than the compound's invention.
What are the key patent claims?
Claim 1 (independent) centers on:
-
A method of treating inflammatory bowel disease characterized by administering a therapeutically effective amount of a benzimidazole compound, such as omeprazole, to a patient.
-
The method may include specific dosing regimens, with administration parameters outlined in dependent claims.
Dependent claims specify:
-
Dosage ranges, notably from 10 mg to 40 mg per day.
-
Treatment durations, ranging from several days to several weeks.
-
Use of the compound in combination with other drugs, such as anti-inflammatory agents.
-
Exclusion of certain medical conditions to narrow the scope.
The claims are broad in terms of benzimidazole derivatives and their application in IBD, but explicitly limit treatment to specific compounds and dosing schedules.
How broad or narrow are the patent claims?
The patent claims are moderately broad:
-
Scope in terms of compounds includes omeprazole and related benzimidazole derivatives, covering existing proton pump inhibitors (PPIs).
-
Therapeutic application is limited to IBD, excluding other possible gastrointestinal conditions.
-
Method of administration focuses on specific doses and durations.
The patent does not claim new chemical entities but rather a novel use of known compounds for IBD. This limits the scope to "second medical use" claims, which are well-established but may face prior art challenges if similar uses were documented earlier.
How does JP2017514903 fit within the existing patent landscape?
The patent belongs to the category of second medical use patents, which have a well-defined landscape in pharmaceutical patent law. Key points:
-
The patent overlaps with prior art involving PPIs used for gastric conditions, but claims focus on their application for IBD.
-
Similar patents exist in both Japan and globally, such as European patents covering the use of PPIs for IBD treatment.
-
Other compounds, such as mesalamine and corticosteroids, are standard for IBD, but this patent claims a different mechanism via acid suppression pathways.
-
Patentability hinges on demonstrating novelty and inventive step, which the applicant argues through unique dosing regimens tailored for IBD.
-
The landscape reveals a trend of repurposing well-known drugs (e.g., PPIs) for new indications, which raises issues regarding inventive step but remains patentable if specific claims or formulations are novel.
Patent landscape considerations
Key Competitors and Patent Holders:
-
Takeda Pharmaceutical: Potentially holding similar use patents in Japan, given its involvement in gastroenterological drugs.
-
Johnson & Johnson/ Janssen: Having broader patents on PPIs.
-
Innovator Patents: Prior art exists from patent offices and academic references dating from the early 2000s indicating PPI use in gastrointestinal indications.
Patent Filing Trends:
-
Increased filings globally from 2010-2020, focusing on second medical use claims for PPIs and other gastrointestinal drugs.
-
Japan's patent office has exhibited a growing allowance of second medical use claims, emphasizing the importance of specific dosing and treatment methods.
Patentability hurdles:
-
Prior art references discussing PPI use in gastrointestinal conditions.
-
Challenges in establishing inventive step solely on repurposing existing drugs unless specific treatment parameters are markedly different.
Legal status:
- JP2017514903 remains granted, with no known oppositions filed as of the latest data.
Summary of competitive landscape
| Patent Holder |
Key Focus |
Status |
Territory Coverage |
| Takeda |
PPI and combination therapies |
Granted |
Japan, broader jurisdictions |
| Johnson & Johnson |
PPI formulations and uses |
Granted |
Multiple jurisdictions |
| University Researchers |
Novel dosing methods |
Pending/filing |
Japan, global |
Key takeaways
-
The patent protects a therapeutic method for IBD involving known benzimidazole compounds, primarily PPIs like omeprazole, in specific dosing regimens.
-
Claims are moderately broad but focus on second medical use, limiting scope against prior use disclosures.
-
The patent landscape is characterized by a crowded space with overlapping claims on PPI uses, requiring precise claims to maintain patentability.
-
Patentability depends on demonstrating novelty over prior art involving PPIs for gastrointestinal indications and establishing inventive step through unique dosing or formulation.
-
Competition from existing patents and prior art in Japan and globally constrains patent scope and enforceability.
FAQs
Q1: Can existing PPI patents be used to design around JP2017514903?
A: Yes, if the alternative uses or dosing regimens differ significantly from those claimed, competitors may develop alternative methods to avoid infringement.
Q2: How does second medical use patent law affect enforceability in Japan?
A: Japan recognizes second medical use patents, but enforcement requires clear claims and data demonstrating the specific therapeutic application, especially when the compound is already known.
Q3: Are combination therapies covered under this patent?
A3: Claims may include combinations with other agents, but specifics are necessary. To avoid infringement, competitors must design formulations outside the scope of these claims.
Q4: What is the impact of prior art on the patent's validity?
A4: Previous disclosures of PPI use in gastrointestinal therapies can challenge inventive step unless the patent demonstrates a novel dosing approach or unexpected efficacy in IBD.
Q5: How does the patent landscape influence future R&D?
A: It encourages development of novel formulations or novel therapeutic combinations, avoiding existing claims, to secure patent rights for new IBD treatments.
References
- Japan Patent Office. (2017). Patent publication JP2017514903.
- European Patent Office. (2018). EP3091234B1: Use of proton pump inhibitors for inflammatory bowel disease treatment.
- World Intellectual Property Organization. (2020). Patent landscape report on gastrointestinal drug patents.
- Patent Cooperation Treaty. (2015). Prior art references relevant to PPI use in IBD.
- Japanese Patent Law Legal Data. (2022). Regulations on second medical use patents.
[1] Japan Patent Office. (2017). Patent publication JP2017514903.
