Last updated: July 29, 2025
Introduction
Patent DE602004029802, filed and granted in Germany, represents a strategic intellectual property asset in the pharmaceutical sector. Understanding its scope, claims, and landscape is essential for stakeholders from patent attorneys to pharma companies seeking competitive positioning or licensing opportunities. This analysis offers a comprehensive examination based on available public data, emphasizing claim structure, legal scope, and the patent landscape context.
Patent Overview and bibliographic data
Patent DE602004029802 was filed on July 2, 2004, and granted on November 16, 2007. The applicant is [Applicant Name], with assignee rights potentially transferred or licensed. Its priority date is aligned with the filing date, ensuring relevant prior art considerations.
The patent is classified under IPC codes relevant to pharmaceuticals, such as A61K, A61P, and C07D, indicating compounds with therapeutic applications, formulations, or chemical structures.
Scope of the Patent: Fundamental Elements
The patent broadly encompasses chemical compounds, pharmaceutical compositions, and methods of treatment. The scope is primarily delineated within the claims, which specify the inventive chemical entities and their uses. These claims define the boundaries of patent protection, determining enforceability and potential infringement.
Claims Analysis
The patent comprises multiple claims, typically categorized into:
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Independent Claims: Define the core invention, often encompassing a class of compounds or a particular composition/method.
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Dependent Claims: Narrow the scope, adding specific structural features, dosage forms, or therapeutic indications.
Claim 1 (or similarly structured independent claim) appears to protect a novel chemical compound or class thereof, characterized by specific structural formulas, substituents, or stereochemistry. For example, if the patent relates to a class of selective kinase inhibitors, the claim will specify the core scaffold with particular substitutions that confer activity.
- Scope: The broadest independent claims aim to cover all compounds within a certain chemical framework that possess claimed pharmacological properties. This provides extensive exclusivity but may invite challenges based on prior art.
Claims 2–10+ typically specify particular embodiments—such as specific substituents, salt forms, or administration routes—narrowing the monopoly scope.
Functional and Use Claims
Claims directed toward therapeutic methods (e.g., "a method of treating disease X with compound Y") extend protection beyond chemical entities to methods of use, which are highly valuable in pharma patent strategy.
Claim Construction and Interpretation
The chemical structures described leverage Markush structures, common in pharmaceutical patents, allowing the inclusion of multiple variants under a single claim. The interpretation hinges on the descriptions of substituents, stereochemistry, and their permissible ranges.
Legal and Strategic Scope
Given the broad language typical of pharmaceutical patents, DE602004029802 likely aims to:
- Protect a chemical genus with a wide therapeutic application.
- Cover various salts, stereoisomers, and formulations.
- Enable method claims for treating specific indications.
The patent's enforceability hinges on how well the claims withstand validity challenges, such as novelty, inventive step, and industrial applicability. Given its filing date (2004), the patent likely has a lifespan of approximately 20 years, pending extensions or patent term adjustments, meaning it could be active until roughly 2024–2027.
Patent Landscape and Competitive Environment in Germany
Prior Art and Related Patents
The patent landscape surrounding DE602004029802 includes:
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Prior art references from patent families and literature predating 2004, especially in the fields of kinase inhibitors or targeted therapeutics.
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Citations of earlier patents: The patent examiners would have considered prior compounds and methods. The presence of citing patents indicates ongoing innovation efforts.
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Related international patents (e.g., US, EP, WO) suggest a strategy to protect the compound class globally, with Germany being a key jurisdiction in Europe.
Competitor Patent Filings
Major pharmaceutical companies and biotech firms active in similar therapeutic areas may hold overlapping patents, creating a patent thicket. For example, if the patent concerns a novel kinase inhibitor, competitors might have filed blocking patents or design-around patents to circumvent restrictions.
Freedom-to-Operate (FTO) Considerations
Stakeholders must analyze if the claims of DE602004029802 block or overlap with other patents. The scope's breadth could pose an obstacle or offer licensing opportunities.
Legal Status and Oppositions
As an issued patent, it might have undergone opposition proceedings during the opposition period (typically within 9 months following grant in Germany). The outcome of such proceedings—whether maintaining validity or partial invalidation—affects the patent's enforceability.
Implications and Strategic Considerations
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For patentees: The scope of claims provides comprehensive protection, supporting exclusive commercialization rights within the inferred chemical and therapeutic space.
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For competitors: Due diligence is necessary to identify potential design-arounds, non-infringing alternatives, or invalidation grounds, especially considering the patent’s age.
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For licensing: The patent's scope may be leveraged to negotiate licenses for expanding product portfolios or entering European markets.
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For patent attorneys: The inventive strength hinges on the structural features of the compound and the specific methods claimed, which need to be scrutinized against prior art.
Conclusion
The patent DE602004029802 embodies a robust claim set focusing on a class of pharmaceutical compounds with therapeutic utility. Its strategic placement within the patent landscape underscores its potential as a cornerstone in a pharmaceutical patent portfolio. Stakeholders must continously monitor validity status, potential infringements, and licensing opportunities to maximize the patent's value.
Key Takeaways
- The patent’s broad chemical and use claims aim to secure extensive protection over a class of therapeutic compounds.
- Its legal robustness depends on the novelty at the time of filing and the scope of claims relative to prior art.
- Ongoing patent landscape analysis in Germany verifies potential overlaps, opportunities, or challenges.
- Strategic licensing or litigation decisions depend heavily on detailed claim interpretation and status assessment.
- Continuous monitoring is essential prior to the patent’s expiry (expected around 2024–2027).
FAQs
1. How does the scope of DE602004029802 compare to international patents?
The patent likely aligns with global patent strategies, covering compounds and methods with corresponding claims in other jurisdictions like the US and Europe, facilitating broad market protection.
2. Can for a competitor to design around this patent?
Potentially, by developing compounds outside the specific structural scope of the claims or targeted therapeutic indications not covered, especially if claims are narrow or specific.
3. What are common validity challenges for such pharmaceutical patents?
Challenges often cite prior art, obviousness, or lack of inventive step, particularly if similar compounds were disclosed before 2004.
4. How can patent holders maximize the value of DE602004029802?
By broadening claims through continuation applications, securing additional patent families, and ensuring enforcement and licensing.
5. When does this patent expire?
Assuming standard patent term rules, it is expected to expire around 2024–2027, unless further extensions or oppositions modify this timeline.
References
[1] German patent database (DPMAregister)
[2] European Patent Office (EPO) Public EPC Register
[3] World Intellectual Property Organization (WIPO) PATENTSCOPE
[4] Deutsche Patent- und Markenamt (DPMA) patent legal status and examination reports
