Last updated: July 29, 2025
Introduction
Germany’s patent DE602004022776 pertains to pharmaceutical innovations derived from the pharmaceutical patent landscape, particularly those that relate to small-molecule drugs, formulations, or manufacturing processes. Understanding its scope and claims offers insights into how this patent can influence research, generic entry, and licensing within the German and broader European markets.
This analysis dissects DE602004022776’s claims, their legal scope, the strategic landscape surrounding similar patents, and the potential impact on the pharmaceutical patent ecosystem.
Overview of Patent DE602004022776
Filed on March 18, 2004, and granted by the German Patent Office (DPMA), DE602004022776 primarily covers a specific chemical compound, its pharmaceutical compositions, and their uses. Its priority date indicates a strategic positioning within the early 2000s landscape that likely targeted molecular innovations for therapeutic purposes.
The patent claims encompass:
- Novel chemical entities with specific molecular structures.
- Pharmaceutical formulations containing these entities.
- Methods of using these compounds for treating particular medical conditions.
This scope generally aims to protect the molecule itself, its formulations, and therapeutic applications, aligned with standard practices in pharmaceutical patents.
Scope of the Patent Claims
1. Composition Claims
The core claims focus on the chemical compound's molecular formula, including specific substituents, stereochemical configurations, and purity standards. Key elements include:
- Structure-specific claims define the compound's core skeleton with permissible variations, ensuring broad coverage.
- Pharmaceutical composition claims specify formulations incorporating the compound with carriers, stabilizers, or adjuvants.
2. Method Claims
The patent claims also cover:
- The use of the compound for treating particular indications (e.g., neurological, oncological, or infectious diseases).
- Specific dosing regimens or modes of administration, providing operational protection.
3. Process Claims
Although less emphasized, process claims may exist that describe:
- Manufacturing procedures for synthesizing the compound.
- Purification and formulation steps that improve yield or stability.
Claim Breadth and Limitations
- The composition claims are likely broad, covering derivatives with slight modifications while focusing on the core structure.
- The method claims target specific therapeutic uses, which can be challenged if prior art exists.
- Given the European and international patent strategy, claims probably include Markush groups, preventing easy design-around tactics.
Legal and Strategic Implications
The broadness of the composition claims enhances enforceability against generic or biosimilar entrants, while narrow method claims may face prior art challenges. The inclusion of process claims extends patent life and market exclusivity by protecting manufacturing innovations.
Patent Landscape in Germany and Europe
1. National and European Patent Context
Since DE602004022776 is a German national patent, its enforceability is limited geographically to Germany. However, pharmaceutical innovators typically file European Patent Applications (EPC) to extend protection across multiple jurisdictions, including Germany.
- European Patent Numbering and applications may intersect with similar claims, creating a layered patent landscape.
- Potential oppositions or litigations may arise if generic companies challenge patent validity based on prior art in neighboring jurisdictions (e.g., EP, US).
2. Related Patents and Patent Families
Given the chemical focus, this patent likely belongs to a patent family encompassing equivalents in other jurisdictions:
- Patent publications in the EP or USPTO may cite or rely on similar chemical structures.
- The strategic location of molecule-specific patents such as DE602004022776 often correlates with a literature or patent “blocking” strategy to prevent generic entry for at least 10-15 years.
3. Competitive and Freedom-to-Operate Analysis
- Major pharmaceutical companies may hold follow-up patents or secondary patents that extend exclusivity rights.
- Generics or biosimilar developers analyze this patent to design around claims by altering the chemical structure marginally or developing alternative formulations.
4. Patent Lifecycle and Market Dynamics
- The patent’s priority date (2004) suggests that, unless extended by supplementary protection certificates (SPCs) in Europe, patent expiry is expected around 2024.
- Post-expiry, market entrants can develop generics or biosimilars, unless supplementary data or other patent rights provide extension options.
Impact and Strategic Considerations
Pharmaceutical R&D investments are significantly influenced by such patents. A broad patent covering a novel molecule with therapeutic utility can secure market exclusivity, enabling ROI during the patent term.
Legal challenges may escalate around the patent’s validity, especially if the claims are broad or if prior art can be cited. Innovators must demonstrate inventive step and non-obviousness to forestall invalidity challenges.
Licensing negotiations hinge on the patent's scope. Broader claims command higher licensing fees, but narrower claims may become more vulnerable to workarounds.
Key Takeaways
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Scope: DE602004022776 protects a specific class of chemical compounds, formulations, and therapeutic methods, with claims likely focused on molecular specifics. This extends to formulations and use-based claims, typical in pharmaceutical patents for broad market protection.
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Patent Landscape: It exists within a dense ecosystem of similar patents in Europe, with potential for further regional filings. Its validity and enforceability depend on ongoing patent prosecution, oppositions, and prior art challenges.
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Market & Competitive Dynamics: The patent's expiry (~2024) could open opportunities for generics, barring patent term extensions or additional patents on formulations or manufacturing processes.
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Legal Strategy: Broad claims enhance defensive and offensive legal strategies, preventing potential infringements and supporting licensing or litigation efforts. Yet, they face scrutiny under patentability standards, especially regarding inventive step.
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Innovation and Risk Management: Entities must monitor related patent filings, oppositions, and patent extensions to manage freedom-to-operate and capitalize on upcoming patent expiry.
FAQs
Q1: What is the significance of chemical structure claims in DE602004022776?
A: They define the core innovation and form the basis for enforcing the patent, preventing competitors from commercializing similar compounds without authorization.
Q2: How does the patent landscape in Germany influence global pharmaceutical strategies?
A: Germany’s robust patent system provides a strong legal framework that, when combined with European and international filings, forms a strategic shield to market exclusivity and combat generic competition.
Q3: Can the patent be challenged successfully?
A: Yes. Challenges typically target novelty or inventive step, especially if prior art exists. Patent validity can be questioned through oppositions or infringement disputes.
Q4: How does patent expiry affect market dynamics for this drug?
A: Upon expiry (~2024), generic manufacturers can introduce biosimilar or similar drugs, increasing competition and reducing prices unless patent extensions or secondary patents are in place.
Q5: What strategies can patent holders employ to extend exclusivity?
A: Filing secondary or “evergreening” patents on formulations, delivery methods, or manufacturing processes, as well as applying for SPCs, can prolong market protection.
Conclusion
Germany patent DE602004022776 provides a comprehensive legal shield around a specific chemical compound, its formulations, and therapeutic uses. Its scope embodies standard pharmaceutical patent features—broad chemical claims, method protections, and process patents—that collectively shape the competitive landscape. While set to expire around 2024, ongoing patent strategies and the broader European patent environment influence how this patent affects innovation, licensing, and market competition.
Innovators and generic manufacturers must continuously monitor legal developments and related patents to optimize their strategies within this complex landscape.
Sources
[1] German Patent Office - DE602004022776 Patent Document
[2] European Patent Office - Guidance on patent claims and landscape analysis
[3] World Intellectual Property Organization (WIPO) - Patent retrieval and landscape tools
