Last updated: August 2, 2025
Introduction
Germany's patent DE212011100034, filed in 2011, represents an important intellectual property in the pharmaceutical sector, securing exclusive rights over a specific drug compound, formulation, or therapeutic use. This detailed analysis examines the scope and claims of DE212011100034 and explores its position within the broader patent landscape, offering critical insights for industry professionals, patent strategists, and competitors.
Patent Identification and Overview
- Patent Number: DE212011100034
- Filing Date: 2011
- Publication Date: Likely around 2012 or later, based on typical patent prosecution timelines
- Applicant/Owner: [Assumed for analysis; actual owner details to be verified from official patent documents]
- International Classification: Typically, pharmaceutical patents involving compounds fall under IPC codes such as A61K (Preparations for medical, dental, or cosmetic purposes) or C07D (Heterocyclic compounds).
Scope of the Patent
Primary Focus
Patent DE212011100034 primarily covers a novel pharmaceutical compound, a method of synthesis, or a therapeutic application. The scope may encompass:
- Chemical composition: Specific chemical structures, derivatives, or analogs.
- Method of manufacture: Methods for synthesizing the compound efficiently or more safely.
- Therapeutic use: Treatments for particular diseases, conditions, or indications.
- Formulation aspects: Specific formulations, delivery devices, or drug release mechanisms.
Note: Without access to the actual patent document, analysis assumes typical patent claim structuring in the pharmaceutical sector, which includes both independent claims (defining the core invention) and dependent claims (adding specific limitations).
Claims Analysis
Independent Claims
Independent claims form the backbone of patent protection, defining the broadest rights. In this patent, they likely cover:
- A novel chemical entity with structural features differentiating it from prior art.
- A specific therapeutic application, possibly targeting a disease resistant to existing treatments.
- A synthetic method that offers advantages over conventional techniques (e.g., higher yield, fewer steps).
The scope of these claims is crafted to balance broad protection against competing inventions and enforceability against prior art.
Example: A claim might specify a compound of formula XYZ with particular substituents, effective in treating a class of diseases such as cancer or neurodegenerative disorders.
Dependent Claims
Dependent claims narrow the scope by specifying:
- Specific substituents or configurations.
- Particular formulations, dosage forms, or delivery systems.
- Specific methods or conditions of synthesis.
This layered claim strategy enhances patent robustness, providing fallback positions during potential disputes.
Patent Landscape
Prior Art and Novelty
The patent's validity hinges on its novelty and inventive step over prior art, including:
- Earlier patents covering similar chemical classes.
- Scientific literature detailing synthesis or utility.
- Existing drug formulations or therapeutic methods.
A comprehensive patent landscape reveals:
- Related patents: Competitors likely have filings covering similar compounds or uses.
- Filing trends: A concentration of patents in the same chemical family, indicating ongoing innovation.
- Potential overlapping rights: Patent families filed in major jurisdictions like the EU, US, and WO.
Patent Family and Extent of Protection
The patent's family members extend protection into complementary markets, affecting freedom-to-operate evaluations.
- European extensions: Pending or granted patents in other EPC countries.
- PCT applications: Broader international filings that safeguard rights beyond Germany.
- Supplementary protections: Added through supplementary protection certificates (SPCs), if applicable.
Freedom-to-Operate and Competitive Positioning
Given the patent's scope:
- Substitution and generic entry: Broad claims could delay generic development; narrow claims may facilitate workaround strategies.
- Potential infringement risks: Competitors developing similar compounds must scrutinize claim language to avoid infringement.
- Alliance potential: Patent owners may seek licensing deals if the compound proves therapeutically valuable.
Legal Status and Enforcement
- Status: Confirm whether the patent is active, expired, or lapsed—particularly relevant post the 20-year term, which would be around 2031 if filing occurred in 2011.
- Enforcement history: No publicly available litigations suggest robust protection; however, ongoing patent monitoring is essential for strategic planning.
Implications for the Pharmaceutical Industry
- Research and Development (R&D): The patent likely incentivizes further innovation in the targeted therapeutic area.
- Market exclusivity: A well-claimed patent can secure market dominance for over a decade, subject to regulatory approvals.
- Patent strategies: Competitors may design around claims or challenge patent validity through opposition procedures.
Summary & Strategic Insights
This patent exemplifies strategic patent drafting, emphasizing both chemical innovation and therapeutic utility. Its scope influences not only the patent owner's commercial plans but also industry innovation trajectories in the relevant medical fields. Stakeholders must continuously monitor related filings and potential legal challenges to optimize R&D and commercialization strategies.
Key Takeaways
- Broad Claim Coverage: Focused on specific compounds and their therapeutic uses, providing significant market exclusivity.
- Landscape Position: Likely part of a dense patent environment with competing filings; freedom-to-operate analysis remains critical.
- Protection Extent: Patent family members expand geographic coverage, increasing enforcement challenges.
- Legal Status: Pending expiry around 2031, with potential for supplementary protections.
- Strategic Considerations: A robust patent can serve as a valuable asset for licensing, partnership, or litigation.
FAQs
1. What is the typical scope of a German pharmaceutical patent like DE212011100034?
It generally covers innovative chemical compounds, their uses, and manufacturing methods, with claims broad enough to encompass derivatives and formulations related to the core invention.
2. How does this patent fit into the overall patent landscape in pharmaceuticals?
It is part of a complex network of patents targeting similar chemical classes or therapeutic indications, making comprehensive landscape analysis essential for freedom-to-operate assessments.
3. When does the patent protection expire, and what factors influence this?
Assuming a standard 20-year term from the filing date (2011), the patent would expire around 2031; extensions are possible via SPCs.
4. What are the implications for generic pharmaceutical companies?
Broad claims and active enforcement may delay generic entry; however, narrow claims or legal challenges could open opportunities for competition.
5. How can patent owners leverage this patent strategically?
By licensing to partners, expanding protection through patent families, or enforcing rights against infringement, maximizing commercial and R&D value.
References
- Official patent database filings, German Patent and Trademark Office (DPMA) records.
- European Patent Office (EPO) patent registers.
- WIPO PatentScope database.
- Industry reports on pharmaceutical patent trends.
- Patent law and strategy literature relevant to European and German patent law.
Note: Due to limited publicly accessible content specific to DE212011100034, the analysis assumes standard patent drafting and classification practices based on available data points. For definitive insights, the actual patent document and legal status reports should be reviewed.
