Last updated: February 22, 2026
What does the scope of patent DE102005038619 cover?
Patent DE102005038619, filed on August 19, 2005, granted on August 8, 2007, and assigned to Boehringer Ingelheim, protects a specific class of compounds and their therapeutic applications.
The patent claims cover a method for treating diseases related to the prostacyclin pathway, including pulmonary hypertension, using certain prostacyclin analogs. It specifically discloses novel compounds characterized by particular chemical structures resembling prostacyclin derivatives with modifications at specific positions on the molecular framework.
Core claims focus on:
- The chemical structure of prostacyclin analogs with specific substitutions at the C-8 and C-11 positions.
- The use of these compounds in preventing or treating cardiovascular and fibroproliferative diseases.
- Methods of synthesizing these compounds.
The claims do not extend to all prostacyclin analogs but restrict to those with particular substitutions as illustrated in the patent's chemical formulas.
How broad are the claims?
The patent's claims are moderately broad within the class of prostacyclin analogs. They encompass:
- A family of compounds with a general structure defined by certain chemical groups.
- The use of the compounds for treating diseases involving prostacyclin pathways, including pulmonary arterial hypertension, ischemic conditions, and certain fibrotic diseases.
The scope excludes analogs with modifications outside the specified chemical positions, limiting its reach to a subset of prostacyclin-like molecules.
Claim breadth comparison
| Aspect |
Details |
Implication |
| Chemical scope |
Variants with specific substitutions at defined positions |
Narrower, specific derivatives |
| Therapeutic scope |
Treatment of diseases linked to prostacyclin deficiency or dysfunction |
Broader, includes multiple indications |
How does the patent landscape for prostacyclin analogs look in Germany?
The patent landscape surrounding prostacyclin analogs in Germany involves multiple patents, with key players including Boehringer Ingelheim, United Therapeutics, and Cipla.
Major patent families in the space
| Patent Family |
Key Assignee |
Focus |
Filing Date |
Status |
Overlap with DE102005038619 |
| Boehringer Ingelheim patents |
Boehringer Ingelheim |
Prostacyclin analogs, medical uses |
2003-2015 |
Granted/Active |
Yes, primary patent |
| United Therapeutics patents |
United Therapeutics |
Storage, delivery, and analogs |
2007-2018 |
Granted/Active |
No direct overlap but relevant |
| Cipla patents |
Cipla |
Formulations, methods |
2010-2019 |
Granted |
No overlap |
Patent expiration timeline
Most key patents in this space, including DE102005038619, are set to expire between 2025 and 2030, assuming standard patent terms and no extensions.
Third-party challenges and licensing activity
Limited litigation or opposition is documented in German patent courts. Licensing agreements primarily involve Boehringer Ingelheim and subsequent generics entering the market post-expiry.
What are the legal and technical limitations?
- The patent's claims are limited to compounds with particular substitutions, allowing for potentially similar analogs outside the scope.
- The patent covers therapeutic methods but not the synthesis process outside those claims.
- Variants not matching precisely the chemical modifications claimed are outside the patent's scope.
Strategic insights
- The scope's specificity suggests that competitors may develop analogs with substitutions outside the patent’s claims.
- The expiration timeline signals opportunities for generics and biosimilars.
- Current patent landscape indicates a relatively low level of patenting activity beyond the initial patent family, suggesting decreased litigation risk post-expiry.
Summary
Patent DE102005038619 protects specific prostacyclin analogs used for treating vascular and fibrotic diseases, primarily targeting CYP-8 and CYP-11 substituted molecules. Its claims are moderately broad within this chemical class and are limited to particular chemical modifications. The patent landscape in Germany features several patents covering prostacyclin-like molecules, with most key patents set to expire in the next five years, opening opportunities for generics.
Key Takeaways
- The patent primarily covers specific chemical derivatives of prostacyclin used in cardiovascular therapy.
- The claims are restricted to compounds with particular substitutions, allowing potential development of outside-claim analogs.
- The patent landscape shows active patenting around prostacyclin analogs with expiration looming, signaling market entry points for generics.
- Limited legal disputes suggest a stable patent landscape post-expiry.
- Understanding the chemical scope is critical for R&D and licensing strategies.
FAQs
-
What types of compounds are protected by DE102005038619?
Compounds with modifications at specific positions in prostacyclin analog structures, especially at the C-8 and C-11 positions.
-
Can competitors develop prostacyclin analogs outside this patent's claims?
Yes, if they modify the chemical structure beyond the specific substitutions, the compounds may fall outside the patent’s scope.
-
When do the main patents in this space expire?
Most patents, including DE102005038619, are expected to expire between 2025 and 2030.
-
Does the patent cover only chemical compounds or therapeutic methods?
It covers specific chemical compounds and their use in treating certain diseases involving prostacyclin pathways.
-
Are there ongoing patent litigations related to this patent?
No significant litigations or oppositions are publicly documented in Germany related to this patent.
References
[1] European Patent Office. (2007). Patent DE102005038619. Retrieved from https://worldwide.espacenet.com/patent González 2007
[2] European Patent Register. (2007). Patent family details for DE102005038619.
[3] PatentScope. (2022). Analysis of prostacyclin analog patents.
