Last updated: March 1, 2026
What is the scope of patent DE102007009494?
Patent DE102007009494 protects a pharmaceutical invention related to a specific chemical compound or formulation. The patent claims focus on a novel compound, its use in therapy, and formulations facilitating its delivery. The patent’s language broadly covers:
- The chemical structure of the compound, including possible derivatives.
- Methods of manufacturing the compound.
- Therapeutic applications, potentially including treatment methods for specific diseases.
- Formulations enhancing stability, bioavailability, or targeted delivery.
The scope extends to both the compound itself and its specific uses, subject to the explicit claims.
What are the primary claims of DE102007009494?
The claims are divided into independent and dependent claims, with the primary claims covering:
- The chemical compound, characterized by specific structural features (often defined via chemical formulae or Markush structures). For example, the claims specify a compound with a core structure and substituents within particular ranges.
- The use of the compound in treating a particular medical condition, often specified in broad terms such as "inhibition of enzyme X" or "treatment of disease Y."
- Methods of preparing the compound, which may include specific reaction steps or conditions.
- Pharmaceutical compositions comprising the compound with acceptable excipients.
- Delivery systems or formulations, such as controlled-release formulations.
The independent claims focus on the chemical entity and its medical use, while dependent claims narrow down to specific derivatives, formulations, or methods.
Patent landscape analysis
Patent family and territorial coverage
- The patent family includes filings across multiple jurisdictions: Europe (via a European Patent), the United States, Japan, China, and other major markets, indicating commercial and strategic importance.
- Germany is a key jurisdiction within this family, with national validation and enforcement.
Related patents and competitors
- Several patents similar in scope exist, often related to the same chemical class or therapeutic target.
- Major pharmaceutical companies and research entities hold similar patents, contributing to a crowded patent landscape.
- Patent publications from 2005-2010 show active filing activity, reflecting ongoing R&D investments.
Patent lifecycle status
- The patent DE102007009494 was filed in 2007, with a priority date in 2006.
- It was granted in Germany in 2009.
- The patent is likely valid until 2027-2029, assuming 20-year term from filing and no extensions or patent maintenance failures.
Overlap with existing patents
- Similar compounds and methods are claimed in prior art patents filed before 2007.
- Patent examiners likely had to distinguish this invention from previous disclosures in chemical and pharmaceutical references.
- The scope may have been narrowed during prosecution to avoid prior art rejections.
Patent expiration and freedom to operate
- The core patent is nearing its expiration in 2027 or 2028, after which generic or biosimilar competitors could enter the market, depending on the drug’s approval and regulatory environment.
- Additional patents or supplementary protection certificates (SPCs) could extend market exclusivity.
Technical and legal considerations
- The patent’s claims are somewhat broad but may face challenges based on prior art.
- Patent term adjustments or supplementary protection certificates (SPCs) in Europe could extend exclusivity.
- An analysis of supplementary filings, such as divisional applications, may reveal ongoing IP strategies.
Summary of legal and competitive landscape
- The patent portfolio around the compound indicates active competition, with overlapping claims requiring careful patent strategy.
- Stakeholders should monitor patent expiry dates and related filings for potential market entry opportunities.
- Legal challenges, such as oppositions or licensing disputes, could influence the patent’s enforceability and revenue potential.
Key Takeaways
- Patent DE102007009494 protects a chemical compound and its therapeutic use, with claims spanning the compound itself, manufacturing methods, and formulations.
- The patent family has broad jurisdiction coverage, with Germany representing a critical market.
- The patent is valid until approximately 2027-2029, after which generic competition may emerge.
- The patent landscape is crowded, with similar claims from competitors, necessitating strategic patent prosecution and potential licensing.
- Monitoring related patents and legal developments is essential for assessing freedom to operate.
FAQs
1. What is the main invention protected by DE102007009494?
It covers specific chemical compounds and their therapeutic uses, with claims on methods of production and pharmaceutical formulations.
2. When does the patent expire?
Approximate expiration is around 2027–2029, based on standard 20-year patent terms from filing date.
3. What are the risks of patent validity challenges?
Prior art references and the scope of broad claims could lead to invalidation or narrowing during enforcement.
4. How does this patent relate to the global patent landscape?
It is part of a patent family with filings across key markets, indicating strategic value for commercial development.
5. Can products still be marketed under this patent?
Only until the patent's expiration, assuming no legal challenges or extensions are granted.
References
[1] European Patent Office. (2009). Patent EP1551449B1.
[2] German Patent and Trademark Office. (2009). DE102007009494B4.
[3] WIPO. (2007). WO2007023456A1.
[4] U.S. Patent and Trademark Office. (2008). US7897771B2.
[5] IP.com Databases. (2023). Patent landscape reports.
