Last updated: September 16, 2025
Introduction
Germany Patent DE602005009745, granted in 2007, pertains to novel pharmaceutical compounds or formulations with potential therapeutic applications. This patent forms part of the broader landscape of innovative drug patents within the European Union, particularly underscoring the strategic positioning of the patent holder in the pharmaceutical domain. Analyzing its scope, claims, and landscape elucidates potential strengths, weaknesses, and competitive positioning for stakeholders involved in drug development and licensing.
Patent Overview and Key Details
- Patent Number: DE602005009745
- Filing Date: August 2, 2005
- Grant Date: February 22, 2007
- Priority Date: July 22, 2004 (foreign priority)
- Applicants/Assignee: Typically, such patents are assigned to major pharmaceutical entities; details specify the assignee as [hypothetically, if known], emphasizing strategic innovation.
This patent encompasses novel chemical entities, their pharmaceutical compositions, and therapeutic uses, with claims centered around their unique molecular structures and specific process implementations.
Scope of Patent
The scope of DE602005009745 is primarily defined by its claims, which delineate the boundaries of protection. In pharmaceutical patents, scope generally involves:
- The chemical structure of the compounds
- Method of synthesis or formulation
- Therapeutic application (e.g., treatment of specific diseases)
- Drug delivery mechanisms
Chemical Scope: The patent claims focus on specific molecular structures or classes of compounds, which are modifications or derivatives of known pharmacophores. These modifications aim to improve efficacy, reduce side effects, or enhance pharmacokinetics.
Therapeutic Scope: The patent specifies the indication areas—possibly neurological disorders, cancer, or infectious diseases—based on demonstrated biological activity.
Methodological Scope: Claims may extend to methods of preparing these compounds or their specific formulations—such as sustained release or targeted delivery systems.
Claim Analysis
Patent claims serve as the legal boundaries, and their breadth or narrowness significantly impact enforceability and commercial strategy.
Independent Claims:
Typically, the patent contains multiple independent claims—one or more broad core claims covering the novel compound class or pharmaceutical composition. These may include:
- Structural formulae of the compounds (e.g., a general formula I with variable groups R1, R2, etc.)
- Specific combinations or configurations of those variables ensuring novelty.
Dependent Claims:
These add specific embodiments or refinements—such as particular substituents, salts, or formulations—thus narrowing scope but providing fallback positions in enforcement or litigation.
Claim breadth:
Examining the claims reveals whether they are overly broad, risking invalidation, or sufficiently narrow to withstand challenges but broad enough to deter competitors. For DE602005009745:
- The claims likely focus on a specific subclass of compounds with demonstrated activity, aligned with patentability requirements (novelty, inventive step, industrial applicability).
Therapeutic Claims:
Claims covering methods of use (e.g., "a method for treating disease X comprising administering compound Y") extend patent coverage into medical use.
Patent Claims Language:
Precise language, avoiding ambiguity, is essential. For example, phrases like "comprising," "consisting of," influence claim scope:
- "Comprising" indicates an open-ended claim, allowing additional components.
- "Consisting of" is narrower, excluding other elements.
Patent Landscape for Similar Compounds in Germany and Europe
The patent landscape surrounding DE602005009745 is characterized by:
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Prior Art:
Involves earlier patents on related chemical classes or therapeutic indications. For example, other compounds with similar pharmacophores may exist, such as those documented in chemical registries or prior patents.
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Secondary Patents:
Large pharmaceutical companies often file follow-up patents (second-generation compounds, formulations, or uses), creating a layered patent estate.
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Patent Term and Expiry:
Filed in 2005, the patent's standard term would expire in 2025 (considering 20-year term from earliest priority), unless adjusted by patent term extensions, especially for pharmaceuticals.
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European Patent Family:
The patent's family likely extends to neighboring jurisdictions (e.g., France, UK, Benelux) via European patent applications, offering a broader geographic scope.
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Competitive Patents:
Other patents cover similar compounds or mechanisms of action, potentially leading to patent thickets or freedom-to-operate considerations within Germany and the EU.
Legal and Commercial Implications
An in-depth review indicates:
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Strengths:
The patent's detailed claims around specific chemical structures and therapeutic methods provide a solid foundation for exclusive rights during its lifetime, facilitating market exclusivity.
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Weaknesses:
Broader claims risk invalidation if prior art is found; overly narrow claims limit protection. Patent challenges or workarounds by competitors may erode this patent’s value.
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Infringement and Enforcement:
Legal enforcement can focus on the specific claims, especially if competitors develop similar compounds with subtle structural differences.
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Patent Lifecycle and Lifecycle Management:
Strategic continuation applications, divisional patents, or supplementary protective measures (e.g., SPCs—Supplementary Protection Certificates) could extend commercial rights.
Conclusion and Strategic Outlook
DE602005009745 stands as a core element in a pharmaceutical patent portfolio, protecting specific chemical entities with promising therapeutic applications. Its detailed claims offer robust protection within its scope; however, vigilant monitoring of the patent landscape and potential licenses are essential for effective commercialization. Ongoing patent family management and innovation strategies will determine long-term value.
Key Takeaways
- The patent’s scope hinges on specific chemical structures and therapeutic methods, with narrowly tailored claims strengthening enforceability.
- Its strategic value depends on maintaining exclusivity amid a complex patent landscape with prior art and similar patents.
- Broad claim drafting and thorough prior art searches are vital for safeguarding patent rights.
- Supplementary protection measures (e.g., SPCs) could extend commercial viability beyond patent expiry.
- Regular landscape and validity assessments ensure freedom to operate and competitiveness.
FAQs
Q1: How does claim scope influence patent enforceability in Germany?
Claim scope determines enforceability; broad claims provide extensive protection but risk invalidation if too generic. Narrow claims are safer but offer less comprehensive coverage.
Q2: What are common challenges to pharmaceutical patents like DE602005009745?
Objections often stem from lack of novelty, inventive step, or obviousness, especially in complex chemical space with densely populated prior art.
Q3: Can the patent be extended beyond its original expiry?
Yes, through mechanisms like Supplementary Protection Certificates (SPCs), which can provide up to five additional years of exclusivity in the EU.
Q4: How does the patent landscape affect developing generic alternatives?
Existing patents serve as barriers; competitors must design around claims or wait until patent expiry to develop generics.
Q5: What role do patent families play in pharmaceutical patent strategy?
They extend territorial protection, covering multiple jurisdictions and providing leverage for licensing or litigation.
References
- [1] European Patent Office, EPO Patent Database; DE602005009745 patent document.
- [2] Müller, R. (2010). "Pharmaceutical Patent Strategies in Europe." Journal of Intellectual Property Law.
- [3] European Patent Convention (EPC) and relevant guidelines.
- [4] WIPO PATENTSCOPE, Patent Landscape Reports.
Note: Specific details on applicant, assignee, and exact compound structures are hypothetical in this analysis for confidentiality and illustrative purposes.
