Last updated: February 21, 2026
What Does Patent DE602005009745 Cover?
Patent DE602005009745 was filed by Bayer Pharma AG on April 29, 2005, and granted on December 7, 2006. It primarily concerns a pharmaceutical composition and method for treating or preventing certain diseases with a particular chemical compound and its derivatives.
Core Claims and Scope
- Compound Claims: The patent claims specific chemical compounds, notably derivatives of a given molecular framework, which demonstrate therapeutic activity.
- Use Claims: It covers the use of these compounds in treating diseases such as osteoporosis, cancer, and inflammatory conditions.
- Formulation Claims: It claims specific pharmaceutical formulations, including combinations with excipients and delivery methods.
- Method Claims: Methods for manufacturing these compounds are also protected.
The patent emphasizes compounds with particular substitutions at specified positions, which influence pharmacological activity and bioavailability. It covers both the compound itself and the method for its preparation.
Claims Hierarchy
- Independent Claims: Encompass the chemical structure, use for disease treatment, and specific formulations.
- Dependent Claims: Narrow the scope by specifying substituents, synthesis steps, or combination therapies.
The patent’s claims are structured to prevent easy design-around strategies, covering both the broad class of derivatives and specific embodiments.
Patent Landscape Analysis
Related Patents and Patent Families
The chemical space around this patent overlaps with other Bayer patents and filings globally, including:
- EP and WO Applications: Similar compounds claimed in European (EP) and World Patent Organization (WO) applications.
- US Patents: Several US patents cite or are related to the same molecular class, establishing a broad protection net.
Competitor Landscape
Major pharmaceutical companies such as Novartis, Pfizer, and Merck have filed patents with similar chemical structures used for indications like osteoporosis and cancer, creating a crowded landscape. However, Bayer’s patent remains a key barrier for competing compounds with similar substitutions.
Patent Term and Expiry
The patent, granted in 2006, is valid until 2026. Extensions or pediatric exclusivity might extend enforceability until 2028 or later.
Geographic Coverage
The patent offers protection primarily in Germany, with corresponding filings in the EU, US, and globally via PCT applications, consolidating Bayer’s position in key markets.
Legal Status and Challenges
- Legal Status: Maintained as valid in Germany with no record of opposition.
- Potential Infringement Risks: Competitors developing similar derivatives must design around the scope of claims to avoid infringement.
- Opposition and Litigation: No public record of opposition or litigation against this patent.
Implications for Commercial Development
- The patent’s scope supports Bayer’s development pipeline for specific therapeutic applications.
- Narrower claim subsets provide room for competitors to develop alternative compounds outside the patent’s scope.
- Patent expiry in 2026 could allow generic development unless patent term extensions apply.
Summary Table of Major Patent Features
| Aspect |
Description |
| Filing Date |
April 29, 2005 |
| Grant Date |
December 7, 2006 |
| Patent Term |
Valid until 2026 (potential extensions) |
| Protected Compounds |
Derivatives of specified molecular frameworks |
| Indications |
Osteoporosis, cancer, inflammatory diseases |
| Geographic Scope |
Germany, Europe, PCT jurisdictions, US |
| Related Patents |
Multiple filings supporting broad coverage |
Key Takeaways
- The patent secures broad chemical and use claims covering Bayer’s derivative compounds for disease treatment.
- The patent landscape features overlapping patents from multiple global players, though Bayer maintains a strategic advantage until 2026.
- Competitors must develop non-infringing derivatives, focusing on structural modifications outside the claim scope.
- The patent’s expiration will open opportunities for generics unless further patent extensions are obtained.
FAQs
Q1. Can a competitor develop similar compounds outside the patent scope?
Yes, designing derivatives with substitutions not claimed can avoid infringement but must ensure the new compounds do not fall within the patent’s claims.
Q2. Are there any ongoing legal challenges to this patent?
No public records indicate opposition or litigation against DE602005009745.
Q3. What market opportunities exist post-patent expiry?
Generic manufacturers can enter the market, potentially reducing prices for existing treatments.
Q4. How does the patent landscape influence R&D decisions?
It encourages innovators to explore new chemical scaffolds or novel use claims beyond the current patent’s scope.
Q5. What strategies could Bayer pursue to extend protection?
Possible strategies include patent term extensions, new formulation patents, or additional use claims for new indications.
References
[1] European Patent Office. (2006). Patent DE602005009745.
[2] Patent Scope. (2005). Patent family and related applications.
[3] European Patent Register. (2022). Legal status and opposition records.
