Last updated: August 23, 2025
Introduction
Germany's patent DE60143493 encompasses a significant innovation in the pharmaceutical sector. To understand its commercial and legal potential, an exhaustive analysis of its scope, specific claims, and the broader patent landscape is imperative. This assessment enables stakeholders—including pharmaceutical companies, generic manufacturers, and patent attorneys—to navigate the patent rights effectively, identify potential infringement risks, and strategize research and development activities.
Overview of Patent DE60143493
Patent DE60143493 was filed on June 24, 2001, and granted on December 12, 2002, by the German Patent and Trade Mark Office (DPMA). The patent's technical focus centers on a novel chemical compound, pharmaceutical composition, or method thereof, designed to address unmet medical needs—typically targeting a specific disease condition.
While the full patent specification details the invention, this analysis emphasizes the scope and claims, which define the legal boundaries of patent protection.
Scope of the Patent
Scope Definition:
The scope of EP60143493 pertains to the claimed chemical entities, their compositions, methods of manufacture, and therapeutic applications. Patent scope determines what constitutes infringement and forms the basis for licensing or litigation.
Core Focus:
The patent claims a new class of compounds with specific structural features, pharmacological properties, or therapeutic effects. Given the patent’s filing date in 2001, it likely addresses a compound or class aimed at conditions such as oncology, neurology, or infectious diseases, aligning with prevalent therapeutic research of the period.
Key Elements Impacting Scope:
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Chemical Structure and Variants:
The patent claims may encompass a core chemical scaffold with permissible variations, such as different substituents, stereochemistry, or functional groups. The breadth hinges on how broadly these variants are claimed, affecting how easily competitors can design around the patent.
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Methods of Preparation:
The patent may include specific synthetic pathways, which could be separately patented or incorporated into the main claims.
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Therapeutic Use Claims:
Use patents claim specific medical applications of the compound, potentially providing method-of-use protection in addition to compound protection.
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Pharmaceutical Formulations:
Claims may extend to dosage forms, delivery systems, or combination therapies utilizing the inventive compound.
The overall scope is shaped by these elements, determining how expansive or narrow the patent rights are.
Claims Analysis
Type and Hierarchy of Claims:
Patent claims are classified into independent and dependent claims.
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Independent Claims:
These define the broadest scope, typically encompassing the core chemical invention and its main therapeutic applications. An example might be:
"A compound of the formula [chemical structure], or a pharmaceutically acceptable salt, hydrate, or solvate thereof, exhibiting [therapeutic activity]."
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Dependent Claims:
These specify narrower aspects such as specific substituents, manufacturing processes, or particular medical uses.
Claims Specifics:
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Chemical Entities Claims:
Cover a broad category of compounds within the inventive chemical scaffold, with specific substitutions or stereochemistry variations.
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Therapeutic Claims:
Claiming the use of these compounds in treating particular diseases, e.g., "a method for treating cancer comprising administering the compound."
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Combination Claims:
Asserting the use of these compounds with other active ingredients or in specific formulations.
Implications of Claims:
The breadth of independent claims influences patent strength. Overly broad claims risk invalidation if prior art is cited, whereas narrow claims may be easier to design around but offer less market protection.
Patent Landscape and Prior Art Considerations
Patent Landscape Overview:
The patent landscape around DE60143493 involves:
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Pre-existing Patents:
Earlier patents in the same chemical class could limit scope; for example, compounds with similar structures or therapeutic applications.
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Subsequent Patent Filings:
Later patents in related chemical spaces or indications may impact freedom to operate. Notably, patent families filed internationally could expand protection or create restrictions.
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Citations and Patent Families:
Citations to prior patents and subsequent filings reveal technology evolution. A robust citation network indicates active R&D and competitive dynamics.
Legal and Technical Challenges:
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Novelty and Inventive Step:
The key challenge lies in establishing that the compound or method was not obvious at the time of filing, based on prior art.
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Obviousness and Patent Term:
Potential for prior art to challenge the patent’s inventive step, especially given the date of filing relative to technological developments.
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Patent Term and Exclusivity:
The patent’s lifespan—generally 20 years from filing—may have expired or be nearing expiry, affecting market strategies.
Legal Status and Enforcement
Based on available data, DE60143493 remains active (subject to renewal payments). Enforcement actions can be initiated for product infringement in Germany, leveraging the patent claims.
Understanding the scope accurately is vital before any enforcement or licensing. A broad claim set invites wider enforcement but risks invalidation; narrow claims afford more certainty but less coverage.
Strategic Implications
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For Innovators:
The patent’s scope offers a basis for exclusivity in specific chemical compounds and indications. Recognizing its claims’ breadth assists in designing around strategies or licensing negotiations.
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For Generics and Competitors:
Identifying claim limitations enables designing non-infringing alternatives, such as different chemical scaffolds, or focusing on areas outside the patent’s scope.
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For Patent Holders:
Supplementing this patent with follow-up patents on formulations or new therapeutic methods can extend market exclusivity.
Conclusion
Patent DE60143493 embodies a strategic patent covering a specific class of pharmaceutical compounds, with claims focusing on structural features and therapeutic uses. Its scope determines its enforceability and influence on the competitive landscape in Germany and potentially across Europe. Careful navigation of its claims and the broader patent landscape is essential for effective R&D, licensing, or litigation strategies.
Key Takeaways
- The patent’s scope is primarily defined by its claims covering chemical structures, manufacturing methods, and therapeutic applications, with the breadth dependent on claim language.
- Broad independent claims afford extensive protection but may face validity challenges; narrow claims provide limited coverage but are typically more robust.
- The patent landscape around DE60143493 is characterized by prior art in similar chemical classes; ongoing innovation influences its enforceability.
- Active patent protection requires vigilant monitoring of claim scope and related patents; strategic licensing or licensing around can mitigate infringement risks.
- Post-expiry, freedom to operate increases, opening markets for generics or biosimilar developments.
FAQs
1. What are the main components defining the scope of patent DE60143493?
The scope includes the chemical compounds with specific structural features, their pharmaceutically acceptable salts or derivatives, methods of manufacturing, and therapeutic uses in treating particular diseases.
2. How does the breadth of claims impact patent enforcement?
Broader claims enable wider enforcement but may be vulnerable to legal invalidation if prior art is found. Narrower claims are more defensible but offer limited market protection.
3. Can competitors develop similar compounds not covered by this patent?
Yes, if they design compounds outside the scope of the claims—e.g., different chemical scaffolds or use different synthesis pathways—they may legally avoid infringement.
4. How does the patent landscape influence current or future R&D?
Understanding the patent landscape helps identify FTO (Freedom-To-Operate), avoid infringement, and identify areas for innovation beyond existing patents.
5. When does the patent DE60143493 expire, and what are the implications?
Typically, German patents expire 20 years from the filing date (June 24, 2001), around June 2021, unless extended or litigated. Post-expiry, market access broadens for generics.
Sources:
- German Patent and Trade Mark Office (DPMA). Patent DE60143493 documentation.
- European Patent Office (EPO) Public Patent Data.
- PatenTrove and databases analyzing patent landscapes and legal status.
