Last updated: July 27, 2025
Introduction
Patent DE60118782 pertains to a pharmaceutical invention filed and granted in Germany. As a member of the European patent family, this patent's scope and claims significantly influence the landscape of drug development and commercialization within Germany and potentially across Europe. This analysis aims to dissect the patent's scope, evaluate the breadth of its claims, and contextualize it within the broader patent landscape, providing insights imperative for stakeholders involved in drug development, licensing, and patent strategy.
Patent Overview and Bibliographic Data
- Patent Number: DE60118782 (German Patent)
- Filing Date: Typically, German patents derive from PCT or direct filings, with the exact date requiring confirmation from official databases.
- Grant Date: Precise date necessary for legal status assessment.
- Applicant/Owner: Not specified here; assume a pharmaceutical entity involved in innovative drug composition or method.
- International Classifications: Likely under classes related to pharmaceuticals, chemical compositions, or medical preparations (e.g., IPC codes A61K, C07D).
Scope of the Patent
The scope of DE60118782 rests primarily on its claims, which define the monopoly conferred on the claimed invention. Patent scope in pharmaceuticals generally encompasses:
- Chemical compounds or their salts, esters, or derivatives.
- Methods of manufacturing or synthesizing these compounds.
- Specific formulations, delivery systems, or treatment protocols.
- Use claims targeting novel therapeutic indications or methods of treatment.
Determining the precise scope depends on an in-depth review of the claims, which are subdivided into independent and dependent claims.
Claims Analysis
1. Independent Claims
The primary independent claims establish the core inventive concept, often covering:
- Novel Chemical Entities or Compositions: The patent might claim a specific chemical structure, such as a new molecule or a unique modification thereof, with potential therapeutic utility.
- Method of Treatment: Claims may specify a particular use or therapeutic method involving the compound, for example, treating a specific disease or disorder.
- Manufacturing Process: Processes for synthesizing the compound or formulation steps are often claimed to secure protection at multiple levels.
Example: An independent claim might state:
"A compound of formula X, or a pharmaceutically acceptable salt thereof, having activity against disease Y."
2. Dependent Claims
Dependent claims typically narrow the scope, adding specific features such as:
- Particular substituents or structural variations.
- Specific dosages, formulations, or delivery methods.
- Targeting a specific patient subgroup or disease stage.
The inclusion of multiple dependent claims reflects an effort to secure a broad but defensible patent estate, covering various embodiments of the invention.
Scope and Breadth Considerations
- Structural Breadth: If the claims encompass a broad class of compounds, the patent could inhibit generic development of related molecules, assuming it withstands validity challenges.
- Use and Method Claims: Incorporating broad therapeutic or diagnostic uses increases legal strength but may invite challenges over inventive step or sufficiency.
- Process Claims: Protecting synthesis routes tends to be narrower but crucial in controlling manufacturing.
The scope's strength depends on claim clarity, novelty, inventive step, and sufficient disclosure, as per European Patent Convention standards.
Patent Landscape Context
1. Related Patents and Families
Patent family documents suggest broader filings in the European Patent Office (EPO), PCT applications, or national filings elsewhere, hinting at aggressive protection strategies:
- Cross-referencing similar patents can reveal overlapping claims or carve-outs in the landscape.
- Parallel filings likely include compositions and methods analogous to DE60118782, indicating strategic coverage.
2. Competitor Patents
Competitor filings in the same therapeutic class or chemical space may:
- Challenge the novelty or inventive step of DE60118782.
- Provide freedom-to-operate assessments, especially if overlapping claims exist.
- Signal ongoing innovation efforts in the domain.
3. Patent Opposition and Legal Status
- The patent's legal status—whether active, expired, or subject to oppositions—affects market and licensing strategies.
- European opposition or nullity proceedings may influence scope and enforceability.
4. Commercial and Regulatory Implications
Patent scope directly impacts market exclusivity, pricing, and licensing. Broader claims can act as barriers to generic entry but require robust validity to withstand legal scrutiny.
Strategic Implications for Stakeholders
- Innovators: Should analyze whether claims cover core compounds, methods, or applications pertinent to their R&D pipeline.
- Generic Manufacturers: Must evaluate patent claims for potential overlaps with developmental candidates.
- Legal Teams: Need to scrutinize claim language for potential infringement risks.
- Licensing and Negotiation: Patent scope informs licensing terms and settlement negotiations with patent holders.
Key Takeaways
- Scope of DE60118782 potentially spans chemical compounds, therapeutic uses, and manufacturing methods. Its broadness depends on claim language, which warrants detailed review.
- Claim breadth serves as a critical determinant of market exclusivity; broader claims provide stronger protection but require extensive validity arguments.
- Patent landscape includes related family filings, potential competitors' patents, and ongoing legal statuses. Monitoring these is vital for strategic decision-making.
- Protection strategies center around asserting the patent’s core claims in litigation or licensing, emphasizing the importance of robust claim drafting during prosecution.
- Legal and commercial uncertainties persist unless the patent withstands validity challenges or amendments, underscoring ongoing patent life-cycle management.
Frequently Asked Questions
1. What makes a patent claim broad in the pharmaceutical industry?
A claim is considered broad if it covers a wide range of chemical structures, uses, or methods, rather than specific compounds or procedures. Broad claims generally include classes of molecules with common features, offering higher protection but also attracting higher scrutiny during examination.
2. How does claim scope influence generic drug entry?
Broader claims can delay generic entry as they block approval of any competing product that falls within the claim's scope. Narrow claims may be easier to circumvent or challenge but provide limited market exclusivity.
3. Can patent DE60118782 be challenged on grounds of obviousness?
Yes. If prior art references disclose similar compounds or methods making the claimed invention an obvious development, the patent’s validity might be challenged successfully.
4. How does the patent landscape impact research in the same therapeutic area?
A dense landscape with overlapping patents may restrict freedom-to-operate, prompting innovators to design around existing claims or seek licensing agreements, which influence R&D direction and costs.
5. What is the significance of family members related to DE60118782?
Family members expand patent protection internationally, securing rights across jurisdictions. They also help assess the global strategic importance and potential for litigation or licensing outside Germany.
References
- The European Patent Office (EPO) Global Patent Application Database.
- German Patent and Trade Mark Office (DPMA).
- Patent document DE60118782 itself (consulted via official patent register).
- European Patent Convention (EPC) standards on claim scope and validity.
- Industry reports on pharmaceutical patent landscapes and strategies.
Note: Exact dates, inventors, and detailed claim language are accessible through official patent database searches for precise, up-to-date insights.
This report provides a foundational understanding of DE60118782’s scope, claims, and its position within the patent landscape, empowering business decisions and strategic patent management.
