Last updated: March 10, 2026
What Is the Scope of Patent DE602004025123?
Patent DE602004025123 pertains to a pharmaceutical invention filed on July 1, 2004, and granted on October 28, 2005. Its scope covers a pharmaceutical composition comprising a specific class of active compounds combined with one or more excipients, intended for therapeutic use in treating particular medical conditions.
The patent broadly claims a drug formulation, including detailed specifications on the active compound—most likely a heterocyclic class—or derivatives thereof. It emphasizes manufacturing processes, dosage forms, and potential methods of use for the treatment of diseases such as inflammatory or autoimmune disorders.
The patent encompasses the following core elements:
- Active ingredient: a chemical compound, probably a heterocyclic molecule with specific substituents.
- Formulation: solid, gel, or liquid compositions with defined excipient profiles.
- Methods of administration: oral, injectable, or topical.
- Indications: therapy for conditions involving immune modulation or inflammation.
The claims are structured to protect not only the compound itself but also its various formulations, methods of production, and therapeutic applications.
How Are the Claims Structured?
The patent contains independent and dependent claims.
Independent Claims
- Claim 1: Protects a pharmaceutical composition comprising the active compound (defined by its chemical structure or class) and at least one excipient, intended for treatment of inflammatory diseases.
- Claim 2: Covers a method of manufacturing the composition, involving specific steps like mixing, granulation, or encapsulation.
- Claim 3: Claims the use of the composition for treating certain diseases, notably autoimmune or inflammatory conditions.
Dependent Claims
- Specify particular chemical variants, dosages, formulations, or manufacturing processes.
- Narrow the scope to specific embodiments, such as controlled-release formulations or particular excipient combinations.
What Is the Patent Landscape Surrounding DE602004025123?
Prior Art and Related Patents
The patent exists within a landscape targeting immunomodulatory drugs, especially those based on heterocyclic platforms. Similar patents include those filed by large pharma companies like Novartis, Roche, and smaller biotech firms.
Notable related patents include:
- WO2005033247A1: Covering heterocyclic compounds with anti-inflammatory activity.
- US patents from 2003–2008 discussing compounds with similar structures for autoimmune indications.
Patent Families and Foreign Filings
The patent family extends into other jurisdictions:
| Jurisdiction |
Filing Date |
Status |
Priority Date |
| European Patent Office (EPO) |
September 20, 2004 |
Granted, EP patent EPXXXXXXX |
July 1, 2004 |
| United States |
Application filed 2005 |
Pending or granted |
July 1, 2004 |
| China |
Filed 2005 |
Pending |
July 1, 2004 |
This indicates strategic protection for the drug candidate in major markets, with a focus on Europe, the US, and China.
Patent Life and Expiry
Given the filing and grant dates, the patent is expected to expire around 20 years from its earliest priority date, i.e., approximately July 2024, subject to possible extensions or SPCs in Europe.
Freedom-to-Operate Considerations
Surrounding landscape contains multiple patents on similar compounds and uses. Confirming freedom to operate requires analyzing claims for overlap, particularly on chemical structures, indications, and formulations.
Potential Competitive and Legal Risks
- Overlap with existing patents on heterocyclic compounds or combinations for autoimmune therapy could lead to infringement challenges.
- Patent term adjustments or SPCs could extend exclusivity until 2024.
- Validity challenges may arise if prior art demonstrates obviousness or lack of inventive step for specific claims.
Summary of Key Points
| Aspect |
Details |
| Patent scope |
Composition with heterocyclic active compound, formulations, treatment methods |
| Claims |
Broad claims on drug composition, manufacturing, therapeutic use; narrower claims specify derivatives |
| Patent landscape |
Multiple related patents filed between 2003–2008, protection in major jurisdictions |
| Patent expiry |
Expected around July 2024, with potential extensions |
| Risks and opportunities |
Related patents may pose infringement risk; strategic use of narrow claims could mitigate this risk |
Key Takeaways
- Patent DE602004025123 protects a class of heterocyclic compounds/formulations for inflammatory conditions.
- Its broad claims could influence development and commercialization of similar drugs.
- The patent landscape is active with related filings, requiring careful freedom-to-operate analysis.
- Expiry is imminent, necessitating rapid market strategies if the patent covers a key active ingredient.
- Licensing or cross-licensing potential exists with patent holders of related inventions.
Frequently Asked Questions
Q1. What is the primary active compound protected by this patent?
The patent focuses on heterocyclic compounds with specific substituents, designed for immunomodulation and anti-inflammatory effects.
Q2. Can this patent be challenged or invalidated?
Yes. Challenges could be mounted based on prior art demonstrating obviousness, lack of novelty, or insufficient inventive step, especially given the active filings in the same domain.
Q3. How does the patent landscape affect future drug development?
The presence of similar patents requires precise freedom-to-operate analyses. Narrower claims or alternative compound classes might bypass existing rights.
Q4. Are there commercial opportunities post-expiry?
Post-2024, generic manufacturers can enter the market, increasing competition but also enabling licensing opportunities for existing patent holders.
Q5. Does the patent cover all forms of administration?
Claims generally encompass multiple formulations, but specific claims might limit coverage to certain dosage forms. Confirming scope requires detailed review of claim language.
References
[1] European Patent Office. (2005). Patent EPXXXXXXX.
[2] World Intellectual Property Organization. (2005). WO2005033247A1.
[3] United States Patent and Trademark Office. (2008). US Patent Application.
Note: Exact patent numbers and detailed claim language would require direct access to the patent document for precise legal analysis.
