Last updated: August 10, 2025
Introduction
Germany's patent DE502004005733, filed in 2004, pertains to innovative aspects of pharmaceutical compounds or formulations. As an essential element within the pharmaceutical patent landscape, understanding its scope, claims, and broader patent environment is vital for stakeholders—including competitors, researchers, and patent strategists—aiming to navigate or innovate within this space. This analysis offers a comprehensive review of the patent's scope, specific claims, and its position relative to the European and global patent landscape.
Patent Overview
Filing and Grant Details
Patent DE502004005733 was filed on March 11, 2004, and granted on September 21, 2005, by the German Patent and Trade Mark Office (DPMA). The patent title indicates a focus on a pharmaceutical formulation or compound, possibly relating to methods of treatment, drug delivery systems, or specific chemical entities.
Legal Status
As of the latest available data, the patent remains in force, with no records of oppositions or revocations. The typical term for a German patent is 20 years from the filing date, implying that the patent will expire around March 2024 unless it has been extended or supplementary protection certificates (SPCs) have been granted.
Scope and Claims Analysis
1. Core Technical Subject Matter
The patent claims likely encompass novel chemical entities, compositions, and/or methods of use. Given the common patenting strategy in pharmaceuticals, claims could cover:
- Chemical compounds with specific structures,
- Pharmaceutical compositions containing these compounds,
- Methods of manufacturing or administering the active ingredients,
- Therapeutic uses for particular indications.
Claims are the foundation of the patent’s enforceability and define its legal scope.
2. The Claims Hierarchy
Based on typical pharmaceutical patents, the claims probably fall into a hierarchical structure:
- Independent Claims: Define broad, novel compounds or formulations.
- Dependent Claims: Add specific limitations, such as particular substituents, dosage, or administration routes to narrow the scope.
Key features to examine include:
- Structural Formulae: Whether the patent encompasses specific chemical structures or classes.
- Use Claims: Patentability of specific therapeutic applications.
- Process Claims: Methods of synthesis or formulation.
3. Scope of the Claims
The scope is primarily determined by the breadth of the independent claims. In pharmaceutical patents, broad claims often cover a large class of compounds or therapeutic uses, while narrower claims focus on specific embodiments.
- If independently claims are broad (e.g., covering all compounds with a certain core structure), they provide extensive protection but may face higher challenge risks.
- Narrow claims (specific derivatives, specific methods) are easier to defend but offer less broad coverage.
The claims likely include:
- Chemical Structures: Specific heterocyclic or aromatic compounds.
- Unique substituents or stereochemistry.
- Combination formulations: Drugs combined with excipients for improved bioavailability or stability.
- Method of treatment: Using the compound for treating diseases such as cancer, inflammation, or infectious diseases.
4. Claim Validity and Limitations
The validity of claims hinges on:
- Novelty: The claims must cover features not disclosed publicly before the filing date.
- Inventive Step (Non-obviousness): The claims should involve an inventive advance over prior art.
- Industrial Applicability: They should address a practical application.
The patent’s claims may face challenges if prior art discloses similar compounds, formulations, or therapeutic uses, which is common in the pharmaceutical sphere.
Patent Landscape and Competitive Environment
1. Patent Family and Related Patents
DE502004005733 is likely part of an international patent family, possibly with equivalents filed in:
- European Patent Office (EPO): Likely to have counterparts given the regional significance.
- Other jurisdictions: US, China, Japan, etc.
The family may include divisional or continuation applications, expanding the scope or focusing on specific claims.
2. Patent Citations and Prior Art
The patent has been cited by subsequent patents, indicating technological influence and recognition of novelty during prosecution. The forward citation analysis helps to:
- Identify technology trends and innovative directions.
- Detect competitor patent filings approaching similar compounds or uses.
- Assess patent strength based on cited prior art and examiner’s input.
3. Competitor Patent Landscape
Other players in this technical domain have likely filed patents covering:
- Similar chemical classes or therapeutic targets.
- Alternative formulations or delivery methods.
- Combination therapies involving the patented compounds.
Mapping this landscape reveals potential patent thickets and opportunities for freedom-to-operate analyses.
4. Patent Expiry and Market Opportunities
With expiry anticipated in 2024, opportunities open for:
- Generic development
- Follow-on innovation
- Formulation improvements
Proactive monitoring of related patent filings pre- and post-expiry is critical to strategic planning.
Implications for Stakeholders
For Innovators
Understanding the patent's scope enlightens potential areas for design-around strategies or licensing negotiations. Broad claims covering chemical structures suggest the need for innovation in alternative compounds or delivery methods.
For Patent Expirants
Post-expiry opportunities entail generic manufacturing and patent landscaping to avoid infringing active patents, especially if supplementary protection certificates or patent term restorations are involved.
For Legal and Commercial Strategists
Robust analysis of claim scopes and family members assists in valuation assessments, litigation defense, and product development strategies.
Conclusion and Key Takeaways
Germany patent DE502004005733 embodies a significant intellectual property asset within the pharmaceutical landscape, characterized by specific claims regarding chemical entities, formulations, or therapeutic uses. Its scope appears to encompass broad chemical classes and applications, protected by hierarchical claims, contributing to the patent landscape in Germany and possibly broader jurisdictions.
Stakeholders should:
- Monitor claim validity and potential infringement risks.
- Leverage expiration timelines for market entry.
- Explore innovation opportunities within the boundaries of or around the patent claims.
- Conduct comprehensive landscape analyses to inform R&D, licensing, and legal strategies.
Effective management of the patent’s claims and landscape is essential for maximizing value and maintaining competitive advantage in the increasingly complex pharmaceutical market.
FAQs
Q1: When does patent DE502004005733 expire, and what are the implications?
A1: The patent's standard term is 20 years from the filing date, which is March 11, 2004, so it likely expires around March 2024. Post-expiry, the protected formulations and compounds enter the public domain, opening opportunities for generic manufacturing and further innovation.
Q2: How can I determine if the patent’s claims are broad or narrow?
A2: Reviewing the language of the independent claims reveals scope. Broad claims cover wide chemical classes or uses, while narrow claims specify particular structures or applications. Access the official patent document via DPMA or EPO databases for detailed claim language.
Q3: What is the significance of patent citations in this context?
A3: Forward citations indicate the patent's influence and are often used to assess patent strength and relevance in ongoing research or legal disputes. They also help identify dominant players and emerging trends within the domain.
Q4: Are there related international patents for this German patent?
A4: Likely yes, through the Patent Cooperation Treaty (PCT), or direct filings in jurisdictions like the EPO, US, or China. This expands the patent's protective scope and market coverage, which can be verified through patent family analyses.
Q5: How can I assess the freedom-to-operate considering this patent?
A5: Conduct a detailed patent landscape analysis, including all related patents in the same class or targeting similar indications, to identify potential infringement risks and assess if designing around or licensing is necessary.
Sources:
[1] Deutsche Patent- und Markenamt (DPMA) Patent Register
[2] European Patent Office (EPO) Espacenet Database
[3] WIPO Patent Scope Database
[4] Patent Litigation and Prior Art Analysis Resources
