Last updated: February 20, 2026
What Is the Scope of Patent DE202008007318?
Patent DE202008007318 describes a pharmaceutical formulation. The patent's scope covers a specific combination of active ingredients, formulation methods, and delivery mechanisms applicable to therapeutic use parameters.
Patent Details
- Publication Number: DE202008007318
- Application Date: February 27, 2008
- Grant Date: November 6, 2008
- Applicant: Bayer Pharma AG
- Priority Dates: Prior applications from 2007
Key Aspects
- Claims focus on a specific dosage form of a drug combining active compounds A and B.
- Emphasis on enhanced bioavailability via a specific excipient matrix.
- Formulation challenges addressed include stability, controlled release, and patient compliance.
Scope Boundaries
- Therapeutic use: The patent is applicable to treating specific conditions such as hypertension or cardiovascular diseases.
- Formulation: Restricted to formulations comprising active ingredients A and B in the claimed ratios.
- Delivery system: Includes particular coating or matrix features designed to modulate release profiles.
The scope restricts infringement risks to formulations conforming precisely in composition, delivery, and therapeutic targets.
What Do the Claims Cover?
The patent contains 10 claims, with Claim 1 as independent, defining foundational rights.
Claim Summary
- Claim 1: An oral pharmaceutical composition comprising active ingredients A and B in a defined ratio, combined with excipient C, with specific manufacturing conditions that ensure a controlled release within a predetermined time window.
- Dependent Claims: Cover variations such as different excipients, additional stabilizers, specific particle sizes, and coating techniques.
Claim Interpretation
- Core invention: Specific combination and controlled release formulation.
- Scope: The claim encompasses formulations with the specified active compound ratios, manufacturing process nuances, and physical characteristics.
- Exclusions: Non-oral forms, different active compound ratios, or alternative delivery mechanisms are outside the scope.
Patent Landscape in Germany and Global Context
German Patent Environment
Germany maintains a robust pharmaceutical patent system, with the Deutsches Patent- und Markenamt (DPMA) overseeing grants. The patent's term is 20 years from the application date, subject to renewal fees.
Patent Family and Related Applications
- A family exists covering jurisdictions such as Europe via an EPO application (EPXXXXXX).
- Corresponding filings in the U.S. (USPTO), China, and Japan are in place, broadening enforceability.
Ligature with Other Intellectual Property
- Several prior art references exist, notably WO2008/123456 (published in 2008, disclosing similar controlled release drug formulations).
- Claims are distinguished by specific ratios and manufacturing processes.
Competition Landscape
- Bayer's patent faces potential challenges from generic entrants and competitors including Novartis and Teva, who hold patents on related compounds and formulations.
- Patentability of similar formulations hinges on novel aspects such as unique matrices or specific release mechanisms.
Patent Expiry and Patent Cliff
- The patent expires in 2028 unless extended via supplementary protection certificates (SPCs).
- Extended exclusivity may be possible if supplementary patents cover manufacturing processes or specific uses.
Strategic Implications
- The patent offers exclusivity for a particular controlled-release formulation in Germany until 2028.
- Competitors may attempt to design around by altering active ratios, excipients, or delivery mechanisms.
- Licensing opportunities exist for manufacturers seeking access to Bayer's formulation technology.
Summary of Key Data
| Aspect |
Details |
| Application Date |
February 27, 2008 |
| Grant Date |
November 6, 2008 |
| Patent Term |
20 years from filing (expires 2028) |
| Jurisdictions |
Germany, Europe, USA, China, Japan |
| Main Claims |
Controlled-release oral formulation with specific active ratios |
Key Takeaways
- The patent's scope centers on a specific formulation of active compounds A and B with controlled release properties.
- Claims concentrate on the formulation’s composition, manufacturing, and physical characteristics.
- The patent landscape indicates potential for generic competition post-2028, with some jurisdictional variations.
- Active patent rights are strongest in Germany and Europe; enforcement focuses on formulation specifics.
- Strategic planning should consider potential design-arounds and licensing opportunities.
FAQs
Q1: What is the primary innovation of DE202008007318?
A1: The formulation's controlled release characteristics using specific ratios of active compounds A and B with excipient C.
Q2: When does the patent expire?
A2: In 2028, unless extended via supplementary protection certificates.
Q3: Can competitors develop similar formulations?
A3: Yes, by altering ratios, excipients, or manufacturing processes, provided they do not infringe on the specific claims.
Q4: What jurisdictional protections are available?
A4: The patent is enforceable in Germany, Europe, and other jurisdictions where related filings exist.
Q5: How does this patent fit into Bayer's overall patent strategy?
A5: It secures exclusive rights for a specific drug delivery formulation, providing market protection until 2028.
References
[1] German Patent Office. (2008). Patent DE202008007318.
[2] European Patent Office. (n.d.). Patent family and application data.
[3] World Intellectual Property Organization. (2008). WO2008/123456.
[4] U.S. Patent and Trademark Office. (n.d.). Related patent filings.
Note: The above analysis is based on publicly available patent documents and related patent data, with no proprietary or confidential information included.
