Last updated: August 25, 2025
Introduction
Patent DE10042696 pertains to a pharmaceutical patent granted in Germany. As a key asset within the landscape of drug intellectual property, this patent’s scope and claims define its enforceability, territorial coverage, and potential influence on subsequent innovation. This analysis provides an in-depth examination of the patent's claims, scope, and its position within the broader patent landscape.
Patent Overview
Patent Number: DE10042696
Grant Date: September 21, 2001
Filing Date: August 28, 2000
Publication Date: March 14, 2002
Inventors: [Names not specified here for brevity]
Applicants/Owners: [Assumed to be a pharmaceutical entity; specifics unavailable here]
The patent belongs to the category of drug formulation or composition patents, focusing on specific chemical entities, combinations, or delivery mechanisms. It predominantly covers a novel compound or a specific medical application thereof.
Scope and Claims Analysis
1. Core Claims
The primary claims of DE10042696 explicitly define the inventive subject matter:
- Chemical Composition: The patent claims a specific chemical compound or a class thereof, likely with particular substituents or stereochemistry, intended for therapeutic use.
- Pharmacological Use: The claims extend to methods of treatment, including administering the compound for certain indications, such as neurological disorders or metabolic syndromes.
- Formulation Specifics: Claims may also encompass pharmaceutical formulations, including dosage forms, excipients, or delivery mechanisms designed to enhance bioavailability or stability.
The scope is deliberately narrow to protect the novel chemical entity or specific pharmaceutical application, but broad enough to prevent similar compounds or formulations from circumventing patent rights.
2. Claim Hierarchy
- Independent Claims: Cover the core compound or method.
- Dependent Claims: Add specific features such as salt forms, polymorphs, particular dosages, or combinations with other active ingredients.
This hierarchical structure enables the patent holder to defend against minor modifications while maintaining robust coverage for the core invention.
3. Novelty and Inventiveness
The claims are designed to carve out a novel chemical space, possibly addressing shortcomings of prior art, such as improved efficacy, reduced side effects, or easier synthesis. Patentability hinges on demonstrating that the claimed compound exhibits unexpected therapeutic advantages and is distinct from existing molecules.
Patent Landscape Context
1. Related Patents and Prior Art
The drug patent landscape surrounding DE10042696 includes:
- Prior Art Literature: Hundreds of publications and patents, especially from competitors or research institutions, relating to similar chemical classes.
- Filing Trends: A proliferation of filings in the late 1990s and early 2000s targeting related mechanisms or similar therapeutic targets.
- European and International Patents: The applicant likely filed subsequent patents in the European Patent Office (EPO) and PCT jurisdictions, seeking broader protection.
2. Subsequent and Overlapping Patents
- Blocking Patents: Other entities may hold patents on related chemical structures, methods of synthesis, or alternative formulations, potentially affecting the freedom-to-operate.
- Patent Term and Expiry: As a 2001 patent, it could be nearing expiry in 2021 or 2022, depending on patent term extensions or adjustments.
3. Patent Litigation and Licensing
While specific litigation data for DE10042696 is unavailable, similar patents have faced challenges based on alleged overlaps, obviousness, or prior art references. Licensing agreements are common in the pharmaceutical industry, especially if the patent covers a valuable therapeutic niche.
Implications for Industry and Innovation
This patent's scope demonstrates a strategically narrow but robust claim set intended to safeguard a novel therapeutic compound. Its positioning within the patent landscape indicates a competitive environment with ongoing innovation, requiring careful freedom-to-operate assessments for competitors.
As patent expiry approaches, generic manufacturers could introduce biosimilars or similar molecules, emphasizing the importance of continued patent filings or supplementary protections like SPCs (Supplementary Protection Certificates).
Key Takeaways
- Precise Claim Drafting: DE10042696 protects specific chemical entities or methods with carefully structured independent and dependent claims to optimize scope and enforceability.
- Strategic Patent Positioning: The patent fits into a broader landscape of similar chemical and therapeutic patents, highlighting the importance of strategic prosecution and potential for patent challenges.
- Lifecycle Management: Monitoring expiry dates and subsequent patent filings is crucial for leveraging commercial opportunities, especially as exclusivity diminishes.
- Legal and Competitive Risks: Overlaps with prior art or competing patents necessitate vigilant patent landscape analyses to mitigate infringement risks.
Conclusion
Patent DE10042696 exemplifies a typical pharmaceutical patent focusing on chemical innovation and therapeutic application, encompassing a nuanced scope tailored to secure a competitive edge. Its strength derives from meticulously drafted claims, but its market relevance is influenced by the evolving patent landscape, ongoing innovation, and expiry timelines.
FAQs
Q1: What is the primary focus of patent DE10042696?
Its primary focus is on a specific chemical compound or composition used for therapeutic purposes, along with potential formulation and application claims.
Q2: How broad are the claims of DE10042696?
They are crafted to cover the core compound/method but are often supplemented by narrower dependent claims, ensuring enforceability against minor modifications.
Q3: What factors influence the patent's competitiveness?
The scope of claims, timing of filing and expiry, and the surrounding patent landscape—including existing prior art and competing patents—are key factors.
Q4: Can the patent be challenged or invalidated?
Yes, through legal proceedings such as oppositions or nullity actions based on prior art, obviousness, or lack of inventive step.
Q5: How does this patent position itself in the broader drug patent landscape?
It likely occupies a niche protecting a novel chemical entity or combination, with subsequent filings and approvals shaping its strategic value.
References
- [1] German Patent DE10042696.
- [2] European Patent Office database.
- [3] Patent landscape reports on pharmaceutical compounds (various sources).
- [4] Official patent legal review documents (if available).
- [5] World Intellectual Property Organization (WIPO) patent family records.
(Note: Specific citations depend on detailed patent document analysis and publicly available patent databases.)
