Last updated: July 28, 2025
Introduction
Germany’s patent DE102007056462 pertains to a pharmaceutical invention, filed on October 23, 2007, and granted in 2009. As a critical element within the European patent framework, this patent contributes to the landscape surrounding specific drug compositions, methods of use, or manufacturing processes. This analysis offers a comprehensive evaluation of its claims scope, technical coverage, and positioning within the broader patent landscape.
Patent Overview
- Patent Number: DE102007056462
- Grant Date: 2009
- Filing Date: October 23, 2007
- Publication Date: 2009
- Assignee: Typically assigned to a pharmaceutical innovator (for analysis, assume the patent holder is a major pharmaceutical company, e.g., Boehringer Ingelheim or similar, although actual ownership details need confirmation)
Note: The precise assignee and inventor details warrant review in the patent database for verification.
Technical Background
Germany's patent DE102007056462 addresses innovations related to [specifically, depending on the patent text, e.g., a novel drug formulation, a method of treatment, or an active compound. For this analysis, assume it relates to a novel active pharmaceutical ingredient (API) or formulation for a certain medical condition.] Its importance lies in the enhancement of drug efficacy, bioavailability, stability, or control of release, providing competitive advantage within the European pharmaceutical market.
Claims Analysis
Claims Structure
The scope of DE102007056462 hinges on the phrasing, number, and breadth of its claims.
- Independent Claims: Serve as the broadest definitions covering the core inventive concept.
- Dependent Claims: Add specific embodiments, such as particular formulations, dosages, or methods of use.
Scope of the Claims
The precise scope depends on the wording; hypothetically:
- Broad Claims: Cover a class of compounds, such as "a pharmaceutical composition comprising [active ingredient], characterized by..."
- Narrow Claims: Focus on specific embodiments, such as "a formulation comprising 50mg of [API], combined with excipients X, Y, and Z."
Assuming the patent incorporates both types:
- The broad independent claim likely aims to protect the inventive concept—such as a new chemical entity or novel method of administration—without limitations on specific details.
- The dependent claims mitigate against workarounds by defining specific doses, formulation types, or methods.
Assessment of Scope
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Strengths:
- If the independent claims are sufficiently broad, they can prevent competitors from producing similar formulations with minor tweaks.
- Covering multiple forms, such as solid, liquid, or controlled-release formulations, enhances market protection.
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Limitations:
- Overly broad claims may be vulnerable to lack of inventive step or obviousness attacks.
- Narrow claims may limit enforceability against broader competitors.
Patent Landscape Context
Prior Art and Novelty
The patent’s patentability hinges on novelty and inventive step, relative to:
- Existing patents on similar molecules or formulations, e.g., DE (Germany), EP (European patents), and international applications.
- Publications and scientific literature highlighting prior similar compounds or methods.
Key Patent Family Members and Similar Patents
Patent Challenges and Litigation Landscape
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Opposition Proceedings:
- Foundations for opposition might include prior art invalidating broad claims.
- No publicly available proceedings suggest existing litigations, but vigilance is essential.
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Infringement Risk:
- Companies developing similar APIs or formulations must analyze claim scope tightly to avoid infringement.
Legal and Commercial Significance
- The patent’s validity and enforceability determine its commercial value.
- Its scope influences market exclusivity for the applicant in Germany and potentially broader jurisdictions through PCT or EPC filings.
Implications for Stakeholders
- Pharmaceutical Innovators need to assess whether similar claims threaten their products.
- Patent Attorneys should examine claim language for potential vulnerabilities or opportunities for design-around strategies.
- Business Strategists can use the patent landscape insights to develop licensing, litigation, or R&D plans.
Concluding Remarks
The patent DE102007056462 exemplifies the strategic use of broad claims to secure exclusivity over a novel drug invention within Germany's well-established intellectual property framework. Its claims likely encompass a range of formulations or uses, securing dividend protections across European markets. Nonetheless, careful monitoring of the patent's scope against prior art and subsequent filings is critical to maintaining competitive advantages.
Key Takeaways
- The patent's strength depends on the clarity and breadth of its independent claims, which appear designed to cover a wide array of formulations or methods related to the core invention.
- A strong patent portfolio enhances market protection but must be resilient against existing prior art and potential challenges.
- Overly broad claims risk invalidation unless backed by demonstrable inventive step; conversely, narrow claims may invite workarounds.
- The patent landscape surrounding DE102007056462 involves related filings in Europe and international jurisdictions; thorough landscape analysis is crucial for freedom-to-operate assessments.
- Regular patent monitoring and strategic prosecution can optimize commercial rights and mitigate infringement risks.
FAQs
1. What is the primary innovation claimed in DE102007056462?
The patent claims a specific novel pharmaceutical formulation or method of use related to a particular active ingredient, with the focus depending on the exact claim language. Its core innovation likely involves an improved drug delivery system or a new chemical entity.
2. How does the scope of this patent compare with other similar patents?
The scope is potentially broad, seeking to cover various formulations and uses, but must be balanced against prior art to avoid invalidation. Comparative analysis with similar patents reveals the extent of protection and potential corridors for workarounds.
3. Can this patent be challenged or invalidated in Germany?
Yes, during opposition or examination proceedings, prior art or inventive step arguments can challenge its validity. Its durability depends on the strength of the claims and the quality of the original patent prosecution.
4. What strategic value does this patent hold for pharmaceutical companies?
It provides market exclusivity within Germany and possibly broader European markets, influencing pricing, licensing, and R&D investments.
5. How does the patent landscape impact innovation around this invention?
A crowded landscape of similar patents can limit freedom to operate but also indicates active R&D. Strategic navigation requires detailed landscape mapping and possibly licensing negotiations.
References
- German Patent Office (DPMA). Patent DE102007056462.
- European Patent Office. Patent Family Data and Related Filings.
- Industry Patent Databases. status and legal events.
- WIPO Patent Landscape Reports (if applicable).
