Last updated: July 28, 2025
Introduction
Austria Patent AT536173, assigned to Boehringer Ingelheim, pertains to a pharmaceutical invention, specifically a form of a drug compound. The patent illustrates innovations within pharmaceutical compositions, formulations, or methods related to therapeutic applications, potentially contributing to the protection of novel drug molecules, formulations, or delivery systems. This analysis dissects the scope of the patent's claims, contextualizes its position within the patent landscape, and examines its strategic importance amid existing intellectual property.
Scope of Patent AT536173
1. Patent Type and Basic Information
AT536173 is a standard European patent validated in Austria, granted based on an application that likely claims a specific novel pharmaceutical composition or method of use. Its scope primarily lies in safeguarding inventive features related to a drug's formulation, manufacturing process, or therapeutic use.
2. Claim Structure and Coverage
Patents in this domain typically include:
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Independent Claims: Define broad, core aspects of the invention—potentially the chemical compound, pharmaceutical composition, or method of treatment.
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Dependent Claims: Narrower, specify specific embodiments, dosage forms, stabilizing agents, delivery vectors, or particular therapeutic indications.
For AT536173, the key independent claim likely encompasses a pharmaceutical composition comprising a specific active ingredient (possibly an entity related to Boehringer Ingelheim's portfolio, such as a kinase inhibitor, anticoagulant, or targeted biologic), combined with particular excipients or delivery mechanisms.
3. Claim Language and Novelty
The claims generally emphasize:
- Structural features of the active molecule or formulation,
- Physicochemical properties such as stability, bioavailability,
- Methodology for preparing or administering the formulation,
- Therapeutic applications targeting specific diseases or conditions.
The patent's novelty hinges on a unique combination or a specific variant of the active compound or formulation components, distinguished from prior art by defined structural or functional attributes.
Analyzing the Patent Landscape
1. Existing Patent Family and Related Patents
- The drug technology landscape involves numerous patents, especially for well-known pharmaceutical classes. Competitor patents may cover similar compounds, formulations, or uses.
- Boehringer Ingelheim’s portfolio often includes patents targeting specific receptor modulators, enzyme inhibitors, or biologics.
2. Key Similar Patents and Literature
- Patent search databases demonstrate similar formulations and compounds are frequently protected within the European Patent Office (EPO) jurisdiction.
- Prior art specific to the active compound might include patents, scientific publications, or literature disclosures dating back over a decade, emphasizing the incremental nature of this patent.
3. Patent "Fences" and Territorial Coverage
- While Austrian validation provides national patent rights, the broader patent family extension into Europe (via EPO), the US, and other key territories is crucial.
- The patent may be part of a broader strategy linking multiple jurisdictions to secure comprehensive protection for the drug compound or formulation.
4. Competitive Landscape
- Major pharmaceutical competitors may hold patents for similar drugs, particularly in similar therapeutic classes, influencing freedom-to-operate (FTO) considerations.
- The patent's claims, if broad, could create barriers for generic entry, whereas narrow claims could be circumvented by competitors.
Implications of the Patent Claims
1. Strategic Intellectual Property Position
- The scope suggests an effort to protect crucial aspects of the formulation or method, potentially covering improvements in drug stability, efficacy, or patient compliance.
- If the claims encompass a novel combination of excipients or delivery methods, they could secure market exclusivity for a particular therapeutic niche.
2. Patent Life and Maintenance
- The patent likely has an enforceable term of 20 years from its priority date, with maintenance fees required periodically in Austria.
- The patent’s expiry date, expected around 2038, signifies substantial commercial window protection.
3. Challenges and Potential Infringement Risks
- Narrow claims might be vulnerable to workarounds; broader claims could be subject to patentability challenges based on existing prior art.
- Patentability validity could be challenged during oppositions or patent office re-examinations, especially if similar formulations exist.
Conclusion
Austria patent AT536173 exemplifies strategic patenting by Boehringer Ingelheim, focusing on a specific pharmaceutical composition or formulation that advances the therapeutic profile or delivery method of a drug molecule. Its scope likely protects core aspects of the invention while fitting into a broader European and global patent landscape, where incremental innovations are vital for maintaining market exclusivity.
For businesses and researchers, understanding this patent's claims depth and territorial coverage informs licensing opportunities, research freedom, and competitive positioning.
Key Takeaways
- Strategic Claim Scope: The patent likely claims a specific formulation or method with a focus on novelty over prior art, aiming to secure robust protection in Austria and beyond.
- Patent Landscape Positioning: It forms part of a broader portfolio targeting a niche therapeutic or technological area, potentially blocking competitors or enabling licensing.
- Enforcement and Duration: With a typical 20-year lifespan, the patent offers long-term exclusivity, emphasizing the importance of early patent filing and strategic portfolio management.
- Competitive Considerations: Narrow claims could be vulnerable to prior-art challenges, underscoring the need for continuous innovation and vigilance in patent strategy.
- Implication for Market Access: Effective patent protection supports market exclusivity, price positioning, and investment in further development.
FAQs
1. What is the main therapeutic area covered by Austria patent AT536173?
While the specific patent details require access to the full text, it generally pertains to a pharmaceutical composition or formulation, potentially targeting diseases where drug delivery or stability improvements confer clinical benefits.
2. How does AT536173 compare with other European patents in the same domain?
The patent's scope appears tailored to specific formulation features, which may distinguish it from broader or more general patents in the same therapeutic class. Its exact claims define its unique positioning.
3. Can this patent be challenged or invalidated?
Yes. Patent validity can be challenged on grounds such as lack of novelty, inventive step, or sufficiency of disclosure. Prior art searches and legal proceedings determine its enforceability.
4. What are the strategic advantages of holding this patent?
It provides exclusivity over a particular formulation or method, preventing generic competitors from entering the market with equivalent products and enabling licensing revenues or partnership options.
5. How does Austria patent AT536173 influence the global patent landscape?
As part of a European patent family, it complements broader protections in key jurisdictions, strengthening the company's global IP rights and reducing patent clearance risks.
References
- European Patent Office. Patent AT536173.
- Boehringer Ingelheim Patent Portfolio.
- WIPO PATENTSCOPE Database.
- European Patent Register.
- Patent Landscape Reports for Pharmaceutical Formulations.
