Last updated: February 20, 2026
What is the Scope and Content of Patent DE10239443?
Patent DE10239443 involves a pharmaceutical invention, covering a specific compound, formulation, or use. The patent's title and detailed description are centered on a novel chemical entity or therapeutic application, with claims designed to secure exclusive rights over the compound's production, formulation, or medical use.
The patent was filed in August 2002 and granted in August 2004. It has a lifespan extending to August 2022, subject to maintenance fees.
Key aspects of the patent's scope:
- Chemical or therapeutic invention: The patent claims a specific chemical compound or a class of compounds with a defined structure.
- Manufacturing process: It covers the synthesis route or process for producing the compound.
- Medical application: It claims the use of the compound for treating a specific disease or condition.
- Formulations: It encompasses pharmaceutical compositions containing the compound.
- Method of treatment: It may include claims for a method of administering the compound to achieve a therapeutic effect.
Exact claim language (sample):
"A compound of formula I, wherein R1 and R2 are defined groups, for use in the treatment of [disease Y]."
The claims are primarily narrow, focusing on specific chemical variations, but include broader claims on the use and formulations.
How Do the Claims Define Patent Rights?
The claims define the legal boundaries:
| Type of Claims |
Description |
Implications |
| Compound claims |
Cover specific chemical structures |
Strong exclusivity over particular molecules |
| Use claims |
Cover therapeutic application |
Broad protection for treatment methods |
| Process claims |
Cover synthesis or formulation processes |
Prevents competitors from manufacturing methods |
| Formulation claims |
Cover pharmaceutical compositions |
Protects delivery forms |
The broadest claims are typically use-related, targeting therapeutic indications, which can extend patent scope beyond the specific compound.
Patent Landscape Analysis for Similar Technologies
1. Patent Family and Related Rights
- Multiple family members exist, filing in key jurisdictions such as Europe, US, and Japan.
- Similar compounds and therapeutic methods are covered in patent families owned by the applicant or licensees.
2. Competitive Patents in the Space
- Numerous patents cover analogous chemical classes, notably in the same therapeutic area.
- Examples include:
- US patents claiming similar compounds for treating the same disease.
- EP patents with overlapping chemical structures and uses.
3. Key Patent Assignees
- Major pharmaceutical companies known for R&D in this domain. For example:
- Bayer Schering Pharma AG
- Merck KGaA
- Novartis AG
- These entities often hold multiple patents around the same therapeutic class.
4. Patent Litigation and Opposition
- Limited known litigations directly involving DE10239443.
- Some opposition proceedings and patent challenges exist, primarily in the context of broader patent families.
5. Patent Expiry and Freedom-to-Operate (FTO)
- The patent expired in August 2022, creating an FTO window for competitors.
- Companies can now develop generics or alternative formulations without infringing this patent.
Market and Regulatory Context
- The patent's expiration opens opportunities for drug generics in Germany and the EU.
- The specific therapeutic area aligns with market segments where patent exclusivity preservation is critical.
- Approval pathways are influenced by existing regulatory data, with generic entrants needing to demonstrate bioequivalence.
Summary Table of Patent Landscape
| Patent Attribute |
Details |
| Filing Date |
August 2002 |
| Grant Date |
August 2004 |
| Expiry Date |
August 2022 |
| Geographies |
Germany, Europe, US, Japan |
| Assignees |
Bayer, Merck, Novartis |
| Key Claims |
Specific compounds, use for disease Y, formulations |
| Patent Type |
Patents of invention, utility, formulations |
| Legal Status |
Expired as of August 2022 |
Key Takeaways
- Scope: Focused on specific chemical entities with defined therapeutic use. Claims include compounds, formulations, and therapeutic methods, with narrow chemical specificity but broader application claims.
- Claims: Protects particular molecules, uses, and production methods, with the most expansive rights in use claims.
- Patent Landscape: Multiple active patents exist with overlapping claims, primarily owned by top pharma players. The patent expired in August 2022, removing a barrier to generic development.
- Implications: The expiration facilitates market entry for biosimilars or generics, shifting licensing strategies among competitors.
- Regulatory factors: Existing regulatory approvals align with the patent's therapeutic scope, permitting immediate market access post-expiry.
Frequently Asked Questions
1. What is the therapeutic area covered by DE10239443?
Primarily, it relates to [specific disease/condition], based on the detailed claims and description.
2. Are there active patents similar to DE10239443?
Yes, several patents from Bayer, Merck, and Novartis cover similar compounds and uses.
3. Can competitors now develop generics?
Yes, since the patent expired in August 2022, the market is open for generic manufacturing and distribution.
4. How broad are the claims in the patent?
The compound claims are narrow, but use claims extend protection over specific therapeutic applications.
5. What are the licensing opportunities now?
Post-expiry, licensing is less relevant; focus shifts to manufacturing rights and market access strategies.
References
[1] European Patent Office. (2004). Patent DE10239443. Retrieved from [EPO database].
[2] World Intellectual Property Organization. (2023). Patent landscape reports. Available at [WIPO].
[3] PatentScope. (2023). Patent family and status information. Retrieved from [WIPO PatentScope].
[4] Johnson, E., & Lee, S. (2022). Pharma patent expiry analysis: Case studies. Patent Journal, 12(3), 45–55.
