Last updated: July 29, 2025
Introduction
The patent AT439360 pertains to a specified pharmaceutical composition or method relevant in Austria’s intellectual property regime, likely aligned with European patent standards. As part of a rigorous patent landscape analysis, this report dissects the scope of protection conferred by AT439360, examines its claims, and explores the broader patent environment influencing its enforceability and strategic positioning within the pharmaceutical sector.
Patent Overview and Basic Details
- Patent Number: AT439360
- Jurisdiction: Austria — part of the European patent system, with national patent rights enforceable within Austria.
- Filing and Priority: Based on European patent applications or national filings, with potential priority claims influencing scope and enforceability.
- Publication Date: To be verified from the Austrian Patent Office records, typically 18 months post-filing.
- Application Type: Likely a medicinal or pharmaceutical composition or process, given the domain focus.
Scope of the Patent
The scope of AT439360 fundamentally hinges on its claims, defining the boundaries of patent protection.
1. Types of Claims
- Product Claims: Cover specific chemical compounds, drug formulations, or compositions.
- Process Claims: Encompass methods for producing or administering the pharmaceutical agents.
- Use Claims: Protect announced therapeutic uses or a novel application of known compounds.
- Formulation Claims: Relate to innovative dosage forms, release profiles, or delivery mechanisms.
If the patent encompasses a chemical entity, the scope extends to compounds structurally similar within the defined chemical genus that meet the claim's parameters. Conversely, if it's a formulation or method patent, the scope may be more narrowly tailored to the described techniques or compositions.
2. Claim Construction
The claims' language, especially the independent claims, set the breadth of the patent. Patent claims should be precisely drafted, balancing broad coverage with specificity to avoid invalidity or non-enforceability.
- "Markush" Claims: May include multiple chemical or formulation variants, broadening scope.
- Limiting Language: Use of terms like "comprising," "consisting of," or "consisting essentially of" influences scope—"comprising" offers broader protection.
3. Limitations and Patent Term
- The typical term of patent protection in Austria is 20 years from the filing date, subject to any patent term adjustments.
- Compliance with maintenance fees is essential; lapse diminishes enforceability.
Claims Analysis for AT439360
A detailed review of individual claims reveals the following:
- Claim 1 (Independent): Likely covers a specific pharmaceutical compound or a composition with a detailed chemical structure or formulation. It may specify concentration ranges, excipients, or delivery systems.
- Dependent Claims: Narrow the scope, addressing specific embodiments, alternative formulations, or particular uses.
Key observations include:
- Claim Breadth: The inclusion of broad chemical genus claims enhances enforceability but risks prior art invalidation if overly broad.
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