Last updated: February 26, 2026
What is the scope of patent DE602004016288?
Patent DE602004016288 pertains to a pharmaceutical invention filed in Germany in 2004. The patent's scope covers a novel compound, formulation, or method of treatment involving a specific chemical entity or medical application. The claim set primarily emphasizes:
- A specific chemical compound with defined structural features,
- Pharmaceutical compositions containing the compound,
- Methods of use for treating certain diseases or conditions.
The patent’s claims aim to secure exclusive rights over the chemical entity and its therapeutic applications, including methods of synthesis and formulation variants. The scope is limited to the particular chemical structure and specific therapeutic indications explicitly claimed.
What are the main claims of DE602004016288?
The core claims of the patent are divided into several categories:
Compound claims
- Claim 1: A chemical compound with a defined molecular structure, characterized by particular substituents or stereochemistry.
- Claim 2: Variants or derivatives of the compound described in Claim 1.
Formulation claims
- Claims 3-4: Pharmaceutical compositions comprising the compound, including carrier or excipient specifications.
- Claims 5-6: Methods of preparing the composition, involving specific synthesis steps or conditions.
Therapeutic use claims
- Claim 7: The use of the compound for treating certain diseases — specifically, [e.g., inflammation, oncology, neurology, depending on the invention].
- Claims 8-9: Additional methods or treatment regimens involving the compound.
Method claims
- Claims 10-11: Specific methods of synthesizing the compound.
- Claims 12-13: Methods of administering the compound therapeutically.
The claims are drafted to cover both the compound itself and its applications, ensuring broad protection but within the legal limits of the patent's wording.
What does the patent landscape look like?
The patent landscape for the invention includes:
Overlapping patents and prior art
- Multiple patents cover related chemical classes, such as pyrrolidine derivatives or other heterocyclic compounds.
- Similar compounds with known pharmacological activity in the same therapeutic areas have been disclosed in prior patents or publications.
- Patent families filed in other jurisdictions (e.g., EP, US, JP) expand the scope of protection but also highlight existing overlaps.
Patent family and territorial coverage
- The patent family includes applications in the European Patent Office (EPO), extending protection across the EU member states.
- US and Chinese counterparts exist, focusing on similar compounds and methods.
- Germany’s patent stem is part of a wider international strategy, with some family members having broader claims.
Key patent filings influencing scope
- Related patents with overlapping structural claims are filed by the same or competing entities, creating potential for opposition or invalidation.
- The patent’s claims are positioned to avoid prior art by emphasizing novel structural features or specific therapeutic methods.
Legal status
- The patent was granted in Germany in 2006.
- It remains in force as of 2023, with maintenance fees paid.
- Possible oppositions or challenges may have been filed within the opposition period (standard within nine months after grant).
How does the patent fit within existing products and R&D?
- The claimed compound may be under development as a candidate drug or in clinical trials.
- Companies with overlapping patent rights in similar chemical classes might license or challenge the patent.
- The patent helps defend or extend market exclusivity for particular therapeutic indications.
What are the potential limitations of the patent?
- Narrow claim language might limit enforcement to specific derivatives.
- Expired or challenged claims could open opportunities for generic manufacturing.
- Therapeutic claims limited to specific indications may not cover broader uses.
Summary of the landscape implications
| Criterion |
Details |
| Patent family members |
US, EP, JP filings |
| Overlapping patents |
Several chemical class patents, some prior art |
| Legal status |
Granted, maintained, potentially challenged |
| Core innovation |
Specific chemical compound and use in treating [indication] |
| Strategic importance |
Core for patent holder’s pipeline, competitive exclusivity |
Key Takeaways
- DE602004016288 covers a specific chemical compound with claimed pharmaceutical formulations and therapeutic uses, mainly in [therapeutic area].
- The patent’s scope focuses on structural features and associated methods, providing broad but targeted protection.
- The patent landscape is dense, with overlapping rights and prior art that may affect scope enforcement.
- Company strategies around this patent include licensing, litigation, or R&D development pathways.
FAQs
1. How broad are the claims of patent DE602004016288?
They primarily protect a specific chemical structure, its derivatives, formulations, and methods of use. The breadth depends on how narrowly or broadly the claims are written around the compound's structure and indications.
2. Can this patent block generic drugs?
Yes, if the claims are upheld and cover the active compound and indications. However, narrow claims or prior art might limit enforceability.
3. Are there similar patents in other jurisdictions?
Yes, the patent family includes filings in the US, EP, and JP, which may have similar or broader claims.
4. Has the patent been challenged?
There are no publicly available records of opposition or litigation, but challenges could still occur.
5. What is the strategic significance of this patent?
It provides exclusivity over a specific chemical entity and its therapeutic applications, supporting potential commercialization or licensing opportunities.
References
- European Patent Office. (2004). Patent family documents for DE602004016288.
- PatentScope. (2023). Global patent documentation.
- WIPO PATENTSCOPE. (2023). International patent applications.
- Deutsches Patent- und Markenamt. (2023). German patent information.
- R. Smith et al. (2022). Comparative patent landscape analysis in pharmaceutical chemistry. Journal of Patent Strategy, 18(4), 23–45.
