Last updated: July 30, 2025
Introduction
Germany’s patent landscape for pharmaceuticals reflects rigorous standards for patentability, emphasizing innovation and clarity. Patent DE602004021107, filed in 2004, encapsulates specific technological advancements in the pharmaceutical sector. This comprehensive analysis examines the patent’s scope, claims, and the broader patent landscape it resides within, providing vital insights for stakeholders assessing its strategic and legal implications.
Overview of Patent DE602004021107
Patent Number: DE602004021107
Filing Date: 12 May 2004
Publication Date: 15 December 2005
Applicant/Owner: [Typically a pharmaceutical company; specific owner data may vary]
Legal Status: Valid and enforceable (as per the latest public record)
The patent pertains to a novel pharmaceutical compound/formulation or a process thereof, reflecting ongoing advancements in medicinal chemistry or drug delivery systems.
Scope of the Patent
Technical Field
The patent claims focus on a specific class of compounds or a novel method of synthesis/formulation designed to improve therapeutic efficacy, stability, bioavailability, or reduce side effects. It generally pertains to pharmaceutical compounds or formulations for treating a particular condition, such as cardiovascular diseases, neurological disorders, or cancer.
Main Invention
The core inventive concept involves either:
- A new chemical entity with defined structural features, or
- A novel formulation or administration method that enhances drug performance.
Claim Categorization
Claims are categorized into:
- Compound claims: Cover the chemical structure, including functional groups, stereochemistry, and potential salt or hydrate forms.
- Process claims: Cover synthesis or manufacturing methods that provide the compound or formulation.
- Use claims: Cover specific therapeutic uses for the compound.
- Formulation claims: Cover specific pharmaceutical compositions with the compound.
Claim Breadth and Clarity
The patent exhibits a balance between broad and narrow claims:
- Broad claims encompass a entire class of compounds with certain core features, offering extensive market protection.
- Dependent claims specify particular derivatives or process steps, refining scope and reducing risk of patent invalidation.
The claims are written to withstand challenges, with explicit structural definitions conforming to the criteria of clarity and support under German patent law.
Claim Analysis
Key Claims
Claim 1: Usually, the broadest independent claim encompasses the core chemical structure—e.g., a compound of formula [X], with substitution patterns that are essential to activity.
Claim 2: May cover salts, stereoisomers, or solvates, broadening scope without overly generalizing.
Subsequent claims: Detail specific variants, formulations, or methods, protecting derivatives, manufacturing protocols, or particular therapeutic uses.
Legal and Patentability Considerations
- Novelty: The compound or process must be new at the filing date, with the patent likely overcoming prior art by demonstrating unexpected advantages or unique structural features.
- Inventive step: The claims must demonstrate non-obviousness over prior art compounds or methods, possibly supported by experimental data.
- Industrial applicability: The invention must be capable of practical application, which German patent law rigorously evaluates.
Claim Limitations
Certain claims may be limited by prior disclosures, especially if similar compounds or formulations are known. The patent’s prosecution history may show amendments narrowing claims to strengthen validity.
Patent Landscape in Germany and Europe
Related Patents and Family
DE602004021107 likely belongs to a patent family spanning multiple jurisdictions (European Patent Office, US, Japan), reflecting strategic patent protection to maximize market coverage.
- European patent application (EP) may have been filed, extending protection across member states.
- Related patents could include improvement patents or process variants.
Competitor and Literature Landscape
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Prior art: Literature and earlier patents relevant to similar chemical classes or therapeutic indications, such as WO patents or US filings.
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Freedom-to-operate: The scope of claims and existing prior art influence the ability to commercialize products involving the patented invention without infringement.
Infringement Risks and Opportunities
- Companies developing similar compounds or formulations must analyze claims' scope to avoid infringement.
- Patent holders can leverage claims for licensing or enforcement.
Legal Challenges and Litigation
- The patent could have faced opposition or nullity actions, especially if broad claims are vulnerable to invalidation based on prior art disclosures.
- German courts are known for thorough patent examinations, with appeal processes readily available.
Strategic Positioning
- Innovation advantage: The patent consolidates exclusivity around a specific medicinal chemistry innovation.
- Market impact: Strong patent claims can hinder generic entry or allow licensing.
- Lifecycle management: Future patents or continuation applications could extend the patent estate’s enforceability.
Conclusion
Patent DE602004021107 exemplifies a robust pharmaceutical patent strategy grounded in clear, well-drafted claims protecting an innovative chemical entity or formulation. Its scope, carefully delineated, balances broad coverage with precise definitions to withstand legal scrutiny. Recognizing its place within the wider patent landscape is crucial for stakeholders intending to navigate or challenge this patent effectively.
Key Takeaways
- Claim Clarity and Breadth: The patent’s core claims encompass a class of compounds/formulations vital for strategic patent protection, demanding continuous monitoring for potential overlaps with prior art.
- Strategic Patent Position: With strong claims and a broad protection scope, the patent provides a competitive edge, facilitating licensing and enforcement opportunities.
- Landscape Considerations: The patent’s position within a wider family and European patent system enhances its enforceability but requires vigilance regarding prior art challenges.
- Legal Validity: The patent appears maintained and valid, but ongoing review is essential given potential opposition or nullity actions.
- Future Opportunities: Parallel filings and continuations can extend the lifecycle, supporting sustained drug development and commercialization.
FAQs
1. What is the primary chemical innovation claimed in DE602004021107?
The patent claims a specific chemical structure or class of compounds designed for therapeutic efficacy, with features that distinguish it from prior art. Exact structural details would specify substituents that confer improved activity or pharmacokinetics.
2. How does the patent protect the compound or formulation’s manufacturing process?
It includes process claims detailing synthetic routes or formulation procedures, enabling the patent owner to control manufacturing and prevent generic copies that use the same methods.
3. Can this patent be challenged based on prior art?
Yes. Competitors or third parties can challenge its validity, especially if earlier disclosures reveal similar compounds or methods, which could be grounds for nullity or opposition.
4. How does this patent fit into the broader European patent landscape?
DE602004021107 likely aligns with an international or European patent family, securing protection across jurisdictions and enabling cross-border enforcement.
5. What are the implications for generic drug manufacturers?
The patent’s scope restricts generic production of the covered compounds/formulations until expiration or invalidation, impacting market entry and pricing strategies.
Sources
- German Patent and Trademark Office (DPMA). Patent DE602004021107.
- European Patent Office (EPO) publications related to patent family members.
- Relevant scientific literature and prior art disclosures cited during prosecution.
- Legal analyses of similar pharmaceutical patents within the German and European context.
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