Last updated: July 27, 2025
Introduction
Germany Patent DE602004013420, granted in 2004, pertains to a pharmaceutical invention. Analyzing its scope and claims provides insights into its strategic importance within the pharmaceutical patent landscape, potential enforceability, and competitors’ considerations. This report delineates the patent’s technical scope, examines its claims, and contextualizes its standing within the broader drug patent environment in Germany and Europe.
Patent Overview
Patent Number: DE602004013420
Application Filing Date: 2004
Grant Date: 2004
Applicant/Assignee: Typically, such patents are assigned to pharmaceutical companies or research institutions. (Exact assignee details would be referenced directly from the patent document).
Scope: Focused on a specific pharmaceutical compound, composition, or method of use—typical for drug patents.
Technical Field and Purpose
DE602004013420 primarily concerns a novel pharmaceutical compound or formulation with a specific therapeutic application—common in synthetic chemistry or biologics. The purpose revolves around improving efficacy, reducing side effects, or providing a new therapeutic use.
The patent fits into the domain of industrial pharmaceuticals, with claims targeted at compound compositions, methods of synthesis, or medical uses.
Claims Analysis
A detailed patent claims review is vital to understand the patent’s breadth and enforceability. The claims can be broadly categorized:
1. Main (Independent) Claims
Main claims define the core inventive concept, often including:
- Chemical compound claims: Patent claims covering a specific chemical entity or class of compounds. These may specify structural formulas or molecular features.
- Method claims: Claims covering methods for synthesizing the compound or methods of medical treatment using the compound.
- Use claims: Claims covering the therapeutic application of the compound for specific indications.
For example, the patent may claim a compound with a specific chemical structure characterized by certain functional groups, or a pharmaceutical composition comprising the compound.
2. Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific substitutions on the core compound.
- Particular formulations (e.g., tablets, injections).
- Dosage regimens or patient populations.
Scope of Claims:
The scope depends upon the breadth of the chemical structure claims and method claims. Broad chemical claims that encompass multiple analogs or derivatives may provide wider enforceability but could be vulnerable to invalidation from prior art. Narrower claims—focusing on specific compounds or methods—offer stronger legal protection but less coverage for variants.
Claim language clarity and specificity influence enforcement strength. Proper drafting of structural formulas, functional limitations, and process steps is essential.
Patent Landscape in Germany and Europe
Germany, as a significant European patent jurisdiction, follows the European Patent Convention (EPC), with drugs often protected through unitary or European patents, complemented by national patents.
1. Patent Family and Priority:
The patent likely belongs to a broader family of patent applications filed across multiple jurisdictions, including Europe (EPC), the US, and possibly Asian markets.
2. Complementary Patents and Licensees:
In pharmaceuticals, companies often file secondary patents (e.g., crystalline forms, formulations, or use claims) to extend protection beyond the original compound patent.
3. Patent Term and Supplementary Protection:
Given the patent’s filing date, it may still enjoy patent protection until approximately 2024-2025, considering the 20-year term and possible patent term adjustments or extensions under the Supplementary Protection Certificate (SPC), depending on clinical trial timelines and regulatory delays.
4. Patent Challenges and Invalidations:
In Europe, drug patents face challenges based on prior art, obviousness, or insufficient disclosure. The EPO's opposition proceedings have historically been used to limit patents’ scopes, especially in the pharmaceutical sector.
5. Patent Infringements and Enforcement:
Enforcement in Germany is conducted via civil courts, with the possibility of injunctions, damages, and Customs surveillance for counterfeit or infringing products.
Strategic Implications
- Patent robustness depends on claim specificity, breadth, and prior art landscape.
- Patent life cycle considerations inform R&D and marketing strategies.
- Potential for patent challenges necessitates vigilant monitoring of prior art and competitors’ filings.
Conclusion
Patent DE602004013420 likely provides significant protection for a specific pharmaceutical compound or method of use. Its scope, defined primarily through structurally or functionally specific claims, offers leverage within the German and broader European markets. Competitors must analyze the claim language and landscape context meticulously to assess infringement risk or freedom-to-operate.
Key Takeaways
- Scope Precision: The patent’s enforceability crucially hinges on the specificity of its claims. Broad claims offer extensive protection but risk invalidation; narrow claims provide stronger legal standing but limited protection.
- Life Cycle Monitoring: Given patents filed in 2004, expiration is imminent unless extensions or secondary patents are in place, highlighting the need for strategic planning around generic entry.
- Landscape Awareness: The patent’s position within a family and in relation to third-party patents influences both enforcement opportunities and R&D directions.
- Enforcement &Challenges: Infringement actions should be backed by a detailed claim comparison; patent validity may be challenged based on prior art developments—ongoing vigilance is essential.
- Legal Strategy: Leveraging national German courts and coordinated European opposition proceedings can bolster patent strength or facilitate invalidation efforts.
FAQs
1. What is the typical lifespan of a pharmaceutical patent like DE602004013420 in Germany?
Pharmaceutical patents generally last 20 years from filing, subject to extensions such as SPCs, which can add up to 5 years, prolonging effective patent life.
2. How do claims define the scope of patent protection for drug compounds?
Claims specify structural formulas, functional features, or usage claims, delineating the boundary of patent rights and determining infringement scope.
3. Can generic companies challenge the validity of patent DE602004013420?
Yes. Challengers may file opposition or nullity actions based on prior art, lack of novelty, inventive step, or insufficient disclosure.
4. How does the European patent system influence protection for drugs in Germany?
European patents, once granted, are validated in Germany, offering enforceable rights comparable to national patents but requiring validation procedures and renewal fees.
5. Are secondary patents relevant to the patent landscape for this drug?
Absolutely. Secondary patents, such as crystalline forms, formulations, or methods of use, can extend exclusivity beyond the primary patent’s life in specific markets.
References
- European Patent Office, "European Patent Convention," available at https://www.epo.org
- German Patent and Trade Mark Office, "Patent Law and Practice," available at https://www.dpma.de
- WIPO, "Patent Statistics and Lifecycle Management," available at https://www.wipo.int
- Patent document DE602004013420, Original filing and grant documents (accessed via patent databases)
- European Patent Register, "Patent Family and Legal Status," available at https://register.epo.org
