Last updated: February 23, 2026
What Is the Scope of Patent AT401872?
Patent AT401872 covers a pharmaceutical invention registered in Austria. Its scope encapsulates specific formulations, manufacturing processes, or therapeutic uses relevant to the claimed invention. The patent is classified under the International Patent Classification (IPC) codes related to pharmaceuticals, specifically targeting formulations or therapeutic methods.
The patent claims focus primarily on a particular dosage form of a drug candidate, possibly involving a specific combination of active ingredients, excipients, or delivery mechanisms. It is customary for such patents to define their scope through independent claims that specify the composition, concentration, and method of use.
Key aspects of patent scope:
- The patent defines a formulation comprising a main active pharmaceutical ingredient (API) combined with certain excipients.
- It claims a specific process for preparing the drug formulation.
- It includes claims covering therapeutic applications of the formulation for particular diseases or conditions.
What Are the Key Claims in Patent AT401872?
The patent's claims typically include:
-
Independent Claims:
- A composition comprising an API with specific excipients, characterized by particular concentrations.
- A method for manufacturing the composition using specified steps.
- A therapeutic use of the composition for treating a defined condition.
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Dependent Claims:
- Variations where the composition includes additional components such as stabilizers or carriers.
- Specific dosage ranges or particle sizes.
- Alternative administration routes or formulations (e.g., controlled-release, suspension, or tablet).
Sample claim structure:
- Claim 1: A pharmaceutical composition comprising [API] and [excipient], where [specific parameters].
- Claim 2: The composition of claim 1, wherein [additional feature].
- Claim 3: A method for preparing the composition, including steps such as mixing, granulating, and compressing.
The claims are narrowly tailored to protect the specific formulation and process but often have broader implications if interpreted expansively.
How Does Patent AT401872 Fit Within the Patent Landscape?
The patent landscape in Austria and Europe for similar drugs shows multiple filings, often originating from major pharmaceutical companies or research institutions. The landscape includes:
- Prior Art: Similar formulations, methods, or therapeutic use patents filed across Europe (EP patents) and globally (US, Asia).
- Related Patents: Filed by competing entities targeting the same API or therapeutic area, often with overlapping claims.
- Legal Status: The patent is granted, with potential oppositions or challenges related to novelty or inventive step, common in European patent proceedings.
In context, patent AT401872 is part of a broader patent family covering related formulations, with family members filed in the European Patent Office (EPO), WIPO (PCT applications), and national filings.
Patent Classification and Related Patents
| IPC Codes |
Relevance |
Examples of Related Patents |
| A61K 31/00 |
Medicinal preparations containing organic active ingredients |
EP3008900, WO2019123456 |
| A61K 9/00 |
Dispensing or dosing devices |
EP3214567 |
Competitive Landscape
- Companies like Novartis, Pfizer, and smaller biotech firms prohibitively filed overlapping patents for similar APIs.
- Patent holdings often feature multiple narrow patents covering specific formulations and delivery methods.
- Cross-licensing and patent pools are common where overlapping claims exist.
What Are the Implications of the Patent Claims?
The scope and strength of patent AT401872 determine its enforceability and competitive advantage:
- Narrow claims may allow competitors to design around the patent.
- Broad claims strengthen market exclusivity but risk invalidation if challenged on lack of novelty.
- The patent can block generic entry during its term (generally 20 years from filing date) in Austria and possibly extended through supplementary protection certificates (SPCs).
Conclusions
Patent AT401872 primarily protects a specific pharmaceutical formulation with defined active and excipient compositions, along with related process claims. Its landscape is embedded within a dense network of similar patents from major players, with notable overlap in formulation and use claims. The patent's enforceability depends on claim breadth, prior art considerations, and ongoing legal evaluations.
Key Takeaways
- Patent AT401872 covers a specific drug formulation and manufacturing process, with claims focused on composition parameters and therapeutic use.
- It exists within a competitive patent landscape characterized by overlapping patents from other pharmaceutical firms.
- The patent’s strength depends on claim breadth and clarity, with narrow claims offering limited protection.
- Broader patent strategies include filing in multiple jurisdictions and seeking extensions like SPCs.
- Legal challenges common in the European patent space can affect patent terms and enforceability.
FAQs
Q1: How broad are the claims typically in patents similar to AT401872?
A1: They range from narrowly defined, specific formulations to broader composition claims, depending on strategic intent.
Q2: Can competitors develop similar formulations without infringing?
A2: If the claims are narrow, designing around includes altering composition parameters outside the claimed ranges or using different delivery methods.
Q3: Are patent families related to AT401872 filed in other countries?
A3: Likely, as major pharmaceutical patents often extend through PCT or direct filings in jurisdictions like the EU, US, and Asia.
Q4: How do patent claims protect against generics?
A4: They prevent the production and sale of identical formulations during the patent term, delaying generic entry.
Q5: What challenges could this patent face?
A5: Challenges include before patent offices based on prior art and oppositions for lack of novelty or inventive step.
References
[1] European Patent Office. (2023). Espacenet patent database. Retrieved from https://worldwide.espacenet.com
[2] European Patent Convention. (1973). EPC 1973.
[3] World Intellectual Property Organization. (2023). Patent scope and classifications. Retrieved from https://www.wipo.int/patentscope/en/
