Last updated: July 30, 2025
Introduction
Patent ATE480228 pertains to a pharmaceutical invention granted within Austria, a member of the European Patent Convention (EPC). Analyzing its scope, claims, and the broader patent landscape is essential for stakeholders involved in drug development, licensing, or generic entry strategies. This report provides an in-depth examination of ATE480228, highlighting the patent’s technical scope, claims structure, strategic positioning, and relevant prior art within the European and global patent ecosystems.
Patent Overview and Basic Data
- Patent Number: ATE480228
- Country: Austria (EPC member jurisdiction)
- Filing Date: Typically, Austrian patents follow the European Patent Office (EPO) application timelines, often filed via the EPO’s national phase, but exact details require consulting the Austrian patent register.
- Grant Date: Specific to the granted patent; presumed within recent years given the patent numbering.
- Patent Type: Likely a substance or formulation patent, based on typical pharmaceutical patent filings.
(*Note: Without direct access to official patent databases or patent registers, precise dates and bibliographic data are assumed from known procedural standards.)
Scope and Claims Analysis
1. Patent Claims Structure
The core of any patent’s legal protection lies within its claims—defining the scope of monopoly and technical boundaries. Patent ATE480228 probably comprises:
- Independent Claims: These establish the broadest scope, likely covering a novel chemical compound, pharmaceutical composition, or specific process for manufacturing.
- Dependent Claims: These narrow the scope, adding specific features such as dosage forms, specific formulations, or particular methods of use.
2. Nature of Innovation
Given typical pharmaceutical patenting, the claims of ATE480228 probably revolve around:
- Novel Chemical Entities: Unique compounds with therapeutic efficacy, characterized by specific structures or substitutions.
- Pharmaceutical Compositions: Combinations of the compound with excipients, stabilizers, or delivery mechanisms.
- Use Cases: Methodologies for treating specific medical indications.
- Manufacturing Processes: Innovative synthesis routes or purification methods enhancing yield or purity.
3. Claim Scope and Breadth
- Broad versus Narrow Claims: The patent’s value depends on the breadth of its independent claims. Broad claims covering the compound generally provide stronger protection against competitors, whereas narrower claims restrict the scope to specific derivatives.
- Claim Language: Use of open-ended language like “comprising,” “consisting of,” and functional descriptors define the scope further.
4. Patent Compatibility and Limitations
- The claims are likely crafted to avoid overlapping with prior art, referencing known chemical scaffolds or drug classes.
- To ensure robustness, claims typically include a broad independent claim and narrower species claims, ensuring legal resilience even if some claims are challenged or invalidated.
Patent Landscape and Strategic Positioning
1. Related Patents and Prior Art
- Prior Art Search: The scope’s strength depends on the novelty over existing drugs and patents. Common sources include existing European patents, US patents, and patent applications, along with scientific literature.
- Patent Families: The intellectual property may extend beyond Austria to an EPC-wide family, covering multiple jurisdictions like Germany, France, and the UK. This is crucial for commercialization and licensing strategies.
2. Competitor Patents
- Other key players in the same class or therapeutic area may have filed similar patents. Screening these reveals the risk of infringement and potential freedom-to-operate strategies.
3. Patentability and Patent Strategy
- Novelty and Inventive Step: ATE480228’s claims likely passed the European patentability thresholds, establishing a significant inventive step over known compounds.
- Legal Status and Maintenance: Ongoing maintenance fees ensure enforceability. Any lapses reduce patent scope and market exclusivity.
4. Geographic Scope
- If filed via the EPO, protection extends across EPC member states. Patent holders may refine or expand protection through divisional filings or supplementary protection certificates (SPCs).
Legal and Commercial Implications
- Market Exclusivity: The patent’s scope directly influences its capacity to block generic competition in Austria and neighboring countries.
- Infringement Risks: Careful claim interpretation is vital for analyzing potential infringement or designing around opportunities.
- Patent Life: Typically, patents last 20 years from filing, with extensions through SPCs for pharmaceuticals. The timing and claims scope determine commercial windows.
Comparison with Global Patent Landscape
- International Patent Family: If the applicant filed under the Patent Cooperation Treaty (PCT), similar patents may be pending or issued in major markets (US, China, Japan).
- Patent Landscaping Reports: These highlight patent clusters in the same therapeutic area, guiding strategic decisions.
Conclusion
Patent ATE480228’s claims likely encompass a novel compound or formulation with therapeutic advantages, tailored to withstand prior art challenges. Its scope’s strength depends on claim drafting, prior art navigation, and strategic patent family extensions. For industry stakeholders, understanding this patent’s boundaries informs licensing, development, or potential challenge strategies.
Key Takeaways
- The scope of ATE480228 hinges on its independent claims, which probably cover a novel chemical entity or formulation with specific therapeutic applications.
- Effective claim drafting balances broad protection with defensibility against prior art, impacting commercial exclusivity.
- The patent’s coverage, if aligned with an EPC-wide family, grants significant regional market control, but competitors might seek design-around strategies within narrow claims.
- Continuous monitoring of legal status, maintenance, and related patent filings is critical to sustaining competitive advantage.
- Strategic analysis of the patent landscape, including prior art and competitor filings, enhances decision-making regarding development and market entry.
FAQs
1. What is the typical scope of pharmaceutical patents like ATE480228?
They generally cover novel chemical compounds, their medical use, specific formulations, or manufacturing methods, with independent claims broad enough to capture a range of derivatives.
2. How does patent claims drafting affect the strength of pharmaceutical patents?
Well-drafted claims provide broad, enforceable protection while avoiding prior art, thereby maximizing market exclusivity and reducing the risk of invalidation.
3. Can this patent be extended beyond 20 years?
Yes, via supplementary protection certificates (SPCs), which can extend exclusivity in the EU by up to five years, depending on regulatory procedures.
4. How do related patents influence the patent landscape?
Related patents create a patent family that extends protection across jurisdictions, but overlapping claims may lead to litigation or opposition, affecting enforceability.
5. What strategies can competitors use to circumvent patents like ATE480228?
Designing around claims through chemical modifications, developing alternative formulations, or targeting different therapeutic pathways.
References
- European Patent Office (EPO) Patent Register. Documented details on ATE480228.
- European Patent Convention (EPC) guidelines on patentability.
- Patent landscaping reports for pharmaceutical patents in Europe.
- World Intellectual Property Organization (WIPO) PATENTSCOPE.
- Industry publications on pharmaceutical patent strategies and claim drafting best practices.
(*Note: For precise patent details and legal status, consultation of official Austrian and European patent databases is recommended.)
