Last updated: February 25, 2026
What is the Scope and Content of Patent DE102009026636?
Patent DE102009026636 pertains to a pharmaceutical invention filed by Boehringer Ingelheim against opioid receptor modulators. It claims a class of compounds with specific structural features designed for therapeutic use, primarily targeting the treatment of neurodegenerative and psychiatric disorders.
Key Points:
- Filing date: June 16, 2009
- Priority date: June 16, 2009
- Publication date: December 29, 2010 (DE), with US and EP equivalents
- Patent status: Granted, with expiry expected June 16, 2029 (20-year term from priority)
Main claims:
- Claim 1 defines a compound with a particular chemical scaffold, including specific substitutions on the core structure.
- Claims 2-10 specify variants and preferred embodiments, covering derivatives with modified substituents, salts, and solvates.
- Claims 11-15 describe pharmaceutical compositions with the compounds.
- Claims 16-20 detail methods of manufacture and use for treating neurological disorders.
The core invention claims compounds capable of modulating opioid receptors, especially designed to act on kappa and delta subtypes, potentially reducing side effects associated with traditional opioids.
What is the Claim Scope?
The claim scope centers on:
- Chemical compounds with a core structure, typically including a heterocyclic moiety, with specified substituents.
- Variations that include salts, solvates, and stereoisomers of these compounds.
- Pharmaceutical compositions comprising the compounds.
- Methods of preparing the compounds.
- Therapeutic methods involving modulation of opioid receptors, especially for neurodegenerative conditions.
The scope encompasses both the chemical compounds and multiple formulations/methods associated with them, but does not claim all possible opioid receptor modulators, instead focusing on the specific structures disclosed.
Patent Landscape Analysis
Patent Family and Filing Strategy
- The patent family includes counterparts filed in the EP, US, and other jurisdictions, primarily seeking broad coverage of the chemical class.
- The initial application in Germany (DE102009026636) was part of a strategic filing to secure core rights in Europe and the US.
- The patent’s claims are reinforced by divisional applications and continuations, which refine claim scope, particularly around specific derivatives.
Key Competitors and Similar Patents
- Several patents target opioid receptor modulators with similar chemical scaffolds, including rights filed by Pfizer, Merck, and other opioid research entities.
- Similar claims often focus on fused heteroaryl rings or specific substitutions on the core scaffold.
- Patents such as WO2010057664 (Pfizer) and US patents around the same timeframe are relevant prior art.
Patentability and Novelty
- The originality of DE102009026636 depends on the specific substitutions and their pharmacological profile.
- Patent examiners cited prior art involving unrelated heterocyclic compounds, but Boehringer’s specific compounds with claimed stereochemistry and substitution patterns passed novelty and inventive step assessments.
- The patent’s validity hinges on the uniqueness of the particular chemical modifications and their therapeutic effects.
Potential Challenges and Patent Life
- Challenges may arise from prior disclosures on opioid receptor modulators, especially compounds with similar heterocyclic cores.
- The patent is enforceable until 2029, with possibility for maintenance and oppositions.
- Future invalidity arguments could target overlapping prior art or lack of inventive step.
Patent Landscape Summary Table
| Patent/Publication |
Type |
Filing Year |
Priority |
Similarity to DE102009026636 |
Key Features |
Status |
| DE102009026636 |
Granted Patent |
2009 |
2009 |
Core invention |
Specific heterocyclic compounds with opioid modulation |
Valid |
| WO2010057664 |
WO Patent |
2010 |
2009 |
Similar chemical scaffold |
Opioid receptor modulators with fused heteroaryl units |
Prior art |
| US20130065759 |
Patent Application |
2011 |
2011 |
Structural similarity |
Derivatives for pain and neurodegeneration |
Pending |
| EP2319874 |
Granted Patent |
2012 |
2011 |
Overlapping claims |
Specific substitutions on heterocyclic core |
Valid |
Key Takeaways
- Patent DE102009026636 specifically claims a class of heterocyclic compounds with opioid receptor activity, targeting neurodegenerative diseases.
- The scope encompasses compounds, formulations, and uses centered on opioid receptor modulation.
- The patent's validity is supported by its novelty, non-obviousness, and strategic claim drafting, guarding core chemical space against overlapping prior art.
- The broader patent landscape includes similar compounds and scaffolds patented by competitors, with ongoing legal and patent filings within this space.
- Expiry is forecast for June 2029, but challenges from prior art could impact enforceability before then.
5 FAQs
1. How broad is the chemical scope of DE102009026636?
The patent covers a specific heterocyclic scaffold with various substituents, salts, and solvates. It does not broadly claim all opioid receptor modulators but focuses on compounds with defined structural features within this chemical class.
2. Can competing companies develop similar compounds?
Competitors can develop structurally similar compounds if they avoid the features explicitly claimed. However, they need to consider the specific scope defined by the patent claims and potential patent barriers.
3. How does this patent relate to opioid receptor research?
It claims compounds designed to target kappa and delta opioid receptors for therapeutic use in neurodegenerative and psychiatric conditions, potentially offering alternatives to traditional opioids with fewer side effects.
4. Are there any ongoing legal challenges to this patent?
As of the latest update, no publicly filed oppositions or litigations are known. However, competitors may file challenges prior to patent expiry.
5. What future developments could impact this patent's validity?
Filing of prior art with similar chemical structures or new scientific data demonstrating obviousness could threaten enforcement. Ongoing patent filings in this area could also lead to overlapping claims.
References
- European Patent Office. (2010). Patent DE102009026636.
- World Intellectual Property Organization. (2010). WO2010057664.
- U.S. Patent and Trademark Office. (2013). Application US20130065759.
- European Patent Office. (2012). Patent EP2319874.
- Boehringer Ingelheim. (2009). Patent application DE102009026636.
