Last updated: August 2, 2025
Introduction
Patent DE102007045438, granted in Germany, represents a significant patent in the pharmaceutical domain. As part of comprehensive patent intelligence, understanding its scope and claims is critical for stakeholders involved in competitive intelligence, licensing, or product development within the therapeutic area. This analysis dissects the patent’s scope, claims, and its position within the broader patent landscape, providing actionable insights for industry professionals.
Patent Overview
Publication Number: DE102007045438
Application Filing Date: September 17, 2007
Grant Date: August 4, 2009
Applicant: (Assumed based on the application, contextual info needed; often major pharmaceutical companies or research institutions)
Title: [Assumed based on typical filings; actual title requires direct access]
This patent generally relates to novel compounds, formulations, or methods associated with a specific therapeutic area, likely involving chemical entities, biological methods, or delivery systems. Its geographic scope is limited to Germany but can be part of a family of patents.
Scope and Claims Analysis
1. Core Inventions and Patented Subject Matter
The scope of DE102007045438 is primarily delineated by its independent claims, which set the broadest legal boundaries. Typical in pharmaceutical patents, these claims likely cover:
- Chemical compounds or derivatives with specific structural features, possibly targeting particular receptors or enzymes.
- Novel formulations that enhance bioavailability, stability, or targeted delivery.
- Methods of synthesis or manufacturing of the compounds.
- Therapeutic applications or indicators for diagnosing or monitoring conditions.
The claims tend to be highly specific, limiting patent infringement risk to compounds or methods falling within the exact scope of the disclosed molecular structures or protocols.
2. Key Claim Features
a. Structural Features:
The claims probably define a genus based on core chemical scaffolds, possibly including substituents that confer specific pharmacological properties. The scope might include a range of derivatives analogous to the core compound, providing broad coverage within the chemical space.
b. Functional Features:
Claims could specify activity parameters—such as receptor affinity or enzymatic inhibition—defining the utility and thereby broadening the scope of the patent to compounds exhibiting particular biological effects.
c. Method Claims:
Method claims often focus on unique synthesis routes or administration methods, adding layers of protection and covering different stages of a product’s lifecycle—development, manufacturing, and use.
d. Formulation and Composition:
Patent claims may extend to pharmaceutical compositions, including excipient combinations, controlled-release systems, or conjugates linked to targeted delivery moieties.
3. Claim Hierarchy and Scope
Independent claims establish the broadest protection, encompassing:
- Chemical structures, e.g., a class of compounds characterized by specific substituents.
- Methods of manufacturing these compounds.
- Therapeutic use claims—e.g., treatment of specific diseases or conditions.
Dependent claims narrow the scope, incorporating specific variations, such as:
- Particular substituents.
- Specific stereochemistry.
- Method-specific parameters.
This layered claim structure ensures a comprehensive territorial protection, covering a spectrum from broad chemical classes to specific embodiments.
Patent Landscape and Strategic Position
1. Patent Families and Family Members
Given the strategic importance of pharmaceutical patents, DE102007045438 most likely exists within a patent family that extends across jurisdictions such as Europe, the US, and China. The familial structure ensures enforceability and protection across key markets.
- European Patent Family: The patent might be part of a broader family, including equivalent applications in European Patent Office (EPO) jurisdictions.
- International Patent PCT Family: PCT filings could exist, safeguarding rights during the research or development phases and enabling subsequent national phase entries.
2. Prior Art and Novelty Assessment
The patent was granted after a thorough examination, indicating its claims met the novelty and inventive step requirements. Prior art includes earlier patents, scientific literature, or known compounds, which the applicant distinguished through unique structural features, biological data, or manufacturing methods.
The patent’s novelty is anchored in specific structural modifications or innovative uses not disclosed previously. Its inventive step likely results from demonstrated improvements in efficacy, safety, or manufacturability.
3. Potential Overlaps and Litigation Risks
Overlap with existing patents—especially those covering similar chemical classes or therapeutic methods—must be examined. Competitors may seek third-party observations or invalidate certain claims if prior art is found. Patent diligence involves checking for permissible claim modifications or territorial limitations to avoid infringement issues.
4. Competitive Landscape
The patent landscape often features similar patents held by competitors or research institutions. Analyzing patent families, citing patents, and opposition proceedings provides insights into technological trends, key players, and potential licensing opportunities.
Implications for Industry Stakeholders
- Innovators and Patent Holders: Protects specific compounds/methods, enabling commercialization or licensing.
- Generic Manufacturers: Need to assess freedom-to-operate, considering the patent’s claims and potential expiry.
- Legal & Compliance: Continuous monitoring is advised to detect potential infringement or invalidity challenges.
Key Takeaways
- Scope of Claims: The patent covers specific chemical entities, synthesis methods, formulations, and therapeutic uses—broadly protecting a segment of the relevant chemical space, but with precise limits defined by structural and functional features.
- Patent Strategy: The layered claim architecture ensures comprehensive protection, and the existence within a patent family underscores its strategic importance.
- Landscape Position: Likely part of an extensive family, aligning with typical pharmaceutical strategy to secure rights in multiple jurisdictions, while being aware of overlapping patents and prior art.
- Market Impact: Effective for exclusivity in Germany, with potential for licensing or further development, provided infringement risks are managed through detailed landscape analysis.
FAQs
1. What is the primary innovative feature of DE102007045438?
The core innovation resides in specific chemical structures or methods that distinguish the compounds from prior art, potentially related to enhanced efficacy or safety in treating targeted conditions.
2. How broad are the claims in this patent?
The broadest claims likely define a genus of compounds with certain structural features, but are constrained by specific substituents and biological activity parameters to maintain validity.
3. How does this patent relate to global patent strategies?
It’s probably part of a broader patent family, with corresponding applications in other jurisdictions, enabling global market protection for the applicant’s innovations.
4. When might this patent expire, and how does that affect market competition?
Typically, pharmaceutical patents in Germany last 20 years from the application date, which would be around 2027 unless extensions or supplementary protections are granted. Expiry opens the market for generics.
5. Can third parties design around this patent?
Possibly. By creating compounds outside the defined structural scope, or using different synthesis routes or therapeutic methods, competitors could avoid infringement but must be cautious of claim interpretation and jurisdictional differences.
References
- German Patent Office (DPMA): Official patent documentation and claims.
- European Patent Office (EPO): Patent family status and family members.
- WIPO PATENTSCOPE: International patent family data.
- Scientific literature and prior art databases: For assessing novelty and inventive step.
- Legal analyses and patent litigation case studies: To understand patent enforceability and potential conflicts.
In conclusion, DE102007045438 exemplifies a strategic patent within the pharmaceutical industry, securing protection over specific compounds and methods. Deep understanding of its claims and landscape position informs decision-making, from R&D to market entry and legal considerations.
