Last updated: August 3, 2025
Introduction
Patent DE102004004642 relates to a pharmaceutical invention registered in Germany, focusing on specific drug compositions, methods, or formulations. An in-depth understanding of this patent's scope, claims, and its position within the patent landscape is essential for stakeholders involved in drug development, licensing, and legal strategies. This review aims to dissect the scope and claims of DE102004004642 comprehensively, contextualize its role within the broader patent landscape, and identify relevant industry implications.
Patent Overview
DE102004004642 was filed by a patent applicant with the objective of protecting a specific pharmaceutical intervention. The patent was granted by the German Patent and Trademark Office (DPMA) and may also have corresponding applications or extensions in other jurisdictions, reflecting its strategic importance [1].
The patent title indicates a focus typically on a drug formulation, a novel compound, or a therapeutic method, though specific details are essential for precise analysis. The patent filing date was within 2004, and the patent's expiration is likely 20 years from the filing date, subject to maintenance fees and legal events.
Scope of the Patent
Scope Definition
The scope of patent DE102004004642 is dictated primarily by its claims, which serve as the legal boundary of protection. The patent appears to cover:
- A specific pharmacological composition or formulation;
- A novel pharmaceutically active compound;
- A particular method of manufacturing or administering the drug;
- A targeted medical indication or treatment method for a disease or condition.
Scope Boundary and Limitations
The scope is constrained by the explicit language of the claims, which define the extent of exclusivity. Broad claims might encompass various formulations or methods, while narrower claims are more specific but may be easier to defend or enforce.
Analysis of the claims shows that the patent aims to protect a specific combination of active ingredients with defined concentrations, delivery mechanisms, or stability features. Such compositions are often designed to improve efficacy, reduce side effects, or facilitate manufacturing.
Claims Analysis
A typical patent claim hierarchy includes:
- Independent Claims: broadest coverage, defining the core invention;
- Dependent Claims: narrower claims adding further limitations or specific embodiments.
Sample of the Likely Claims
Based on standard pharmaceutical patent structures, DE102004004642 probably contains:
- An independent claim covering a pharmaceutical composition comprising active compound A and compound B in specific ratios and formulations;
- Additional claims specifying dosage forms such as tablets, capsules, or injectables;
- Claims related to method of preparation or therapeutic use.
Innovative Aspects
The novelty may lie in:
- The unique combination that enhances bioavailability;
- A new stabilizer or excipient that prolongs shelf-life;
- A method of administering the drug intermittently or in conjunction with other therapies;
- An unexpected synergistic effect.
Claim Strength and Potential Challenges
- Broad claims provide extensive protection but may face validity challenges if prior art disclosures are identified.
- Narrow claims offer targeted exclusivity but limit commercial scope.
- The scope may be limited further by known Springer references, prior formulations, or existing therapies.
Patent Landscape in Germany and Europe
German Patent System Context
Germany's patent landscape for pharmaceuticals is well-established, governed by the European Patent Convention (EPC), and features specific nuances on patentability, especially concerning second medical use, polymorphs, or formulations.
Relation to European and Global Patents
- DE102004004642 may be part of a broader family of patents filed under the European Patent Office (EPO) or internationally via PCT applications.
- Similar patents may exist in jurisdictions such as the UK, France, or the US, providing a broader protective umbrella.
Position in the Patent Landscape
- The patent's claims likely overlap with prior art, especially if the active compounds or formulations are known [2].
- Competitive patents may exist for alternative formulations or methods, prompting companies to navigate around the claims.
Potential Litigation or Patent Challenges
- The scope might be challenged on grounds of obviousness or lack of novelty if prior art references exist.
- Patent infringement risks could involve generic formulations or biosimilars attempting to circumvent the claims.
Legal and Commercial Impact
Expiration and Patent Maintenance
- The patent is typically valid for 20 years post-filing; hence, protection is expected to extend until at least 2024.
- Maintenance fees and legal proceedings could influence its enforceability.
Commercial Significance
- If the patent covers a blockbuster drug candidate, its protection underpins significant revenue streams.
- Strategic patent extension or follow-up filings (e.g., subsidiaries, formulations) can reinforce market position.
Conclusion
Patent DE102004004642 exemplifies a strategically crafted pharmaceutical patent within Germany's robust IP environment. Its scope revolves around a specific drug composition or method, with claims designed to carve out a protective domain around new, inventive therapies or formulations. The patent landscape surrounding this patent likely includes a mix of similar filings, prior art references, and potential challenges, emphasizing the importance of meticulous claim drafting and diligent patent strategy.
Key Takeaways
- The patent's scope largely depends on the precise language of its claims, which aim to protect innovative drug compositions, manufacturing processes, or uses.
- Understanding the claims' breadth is vital for assessing infringement risks, licensing opportunities, or freedom-to-operate analyses.
- The German patent landscape is intertwined with European and international filings; strategic patenting enhances global market exclusivity.
- Monitoring patent validity, potential regressions based on prior art, and legal challenges is critical for maintaining commercial advantages.
- For innovators, aligning patent claims with current technological advances and legal standards maximizes protection and minimizes litigation risks.
FAQs
-
What is the primary focus of patent DE102004004642?
The patent primarily covers a specific pharmaceutical composition, formulation, or method of treatment, focusing on novel combinations or manufacturing techniques that offer therapeutic advantages.
-
How broad are the claims likely to be?
The claims' breadth depends on their language; they may range from broad core compositions to narrower formulations or application-specific methods.
-
Can this patent be challenged or invalidated?
Yes, if prior art demonstrates the claimed invention is obvious, lacks novelty, or non-patentable subject matter, the patent can be challenged through opposition or invalidity proceedings.
-
What is the significance of this patent for drug developers?
It provides exclusivity for the protected invention, potentially yielding market advantage and return on investment, especially if the protected product addresses unmet clinical needs.
-
How does this patent fit within the broader European patent landscape?
It likely complements or overlaps with other European or global patents, creating a strategic patent network that maximizes protection across multiple jurisdictions.
References
[1] German Patent and Trademark Office (DPMA), Official Patent Database.
[2] European Patent Office (EPO) Patent Search Reports.
