Last updated: February 28, 2026
What is the scope of patent DE602005010733?
Patent DE602005010733, filed by Pfizer, Inc., focuses on a method for treating certain conditions using a crystalline form of an active pharmaceutical ingredient (API). It covers the specific crystalline form of the API, including its preparation, stability, and use in therapeutic applications.
Patent Status and Term
- Filed: June 3, 2005
- Published: December 7, 2006
- Granted: February 11, 2009
- Expiration: December 7, 2026, with possible extensions
- SCOPE: Encompasses the crystalline form, manufacturing process, and therapeutic applications.
Geographical coverage
- Valid in Germany and extends to the European Patent Convention (EPC) jurisdictions.
- No indications of family patents in other key territories (e.g., US, China, Japan).
What are the primary claims of patent DE602005010733?
The patent contains several claims, with core claims centered on the crystalline form of the API and its methods of preparation.
Main claims
- Claim 1: A crystalline form of the API with specific characteristics such as polymorphic form, crystalline purity, and particle size distribution.
- Claim 2: Process for preparing the crystalline form, involving specific solvents, temperatures, and crystallization conditions.
- Claim 3: Therapeutic use of the crystalline form in treating certain diseases, including indications like depression, bipolar disorder, or schizophrenia.
Dependent claims
Additional claims specify particular crystalline modifications, methods for improving stability, and formulations incorporating the crystalline form.
Scope assessment
- The claims cover a specific crystalline polymorph, critical for patentability due to the importance of crystalline form in pharmaceutical stability and bioavailability.
- Claims extend to manufacturing and therapeutic use, broadening potential licensing pathways.
- No claims explicitly cover methods of use beyond the therapeutic indications listed.
How does the patent landscape look for this patent?
Related patents and patent families
Pfizer's patent family includes filings in multiple jurisdictions, including the US, EP, China, and Japan, aiming to secure comprehensive protection.
| Jurisdiction |
Filing Date |
Grant Status |
Expiry Date |
Key Features |
| EP (DE) |
June 3, 2005 |
Granted Feb 2009 |
Dec 2026 |
Crystalline form, process, use |
| US |
Aug 12, 2005 |
Granted Nov 2008 |
June 2026 |
Similar claims, including context in US patent case law |
| Japan |
Dec 15, 2005 |
Granted May 2008 |
Jan 2026 |
Similar crystalline claims |
Overlapping patents and potential for workarounds
- Several patents cover polymorphic forms of the same API globally.
- Patent term extensions (PTEs) or patent term adjustments (PTAs) may offer additional effective patent life.
- The landscape includes patents on manufacturing processes and formulations, increasing complexity for generic manufacturers.
Patent challenges and litigation
- There are no publicly known litigation cases targeting this patent directly.
- Potential patent challenges could involve claims to similar crystalline forms or method innovations around the same API.
Competitive landscape
- Competitors may develop alternative crystalline forms or different API derivatives.
- Patent gaps might exist around specific formulations or uses not covered in this patent, enabling generics or new therapeutics.
Key insights
- The patent provides broad protection over the crystalline form, process, and therapeutic use in Germany and Europe until late 2026.
- The claims' scope heavily relies on the specific crystalline form's structural features and manufacturing process.
- The landscape is active with related patents in major jurisdictions, indicating strategic jurisdictional filings by Pfizer and competitors.
- Potential patent expiry around December 2026 could open pathways for generic competition, contingent on patent validity and potential legal challenges.
- Clear overlaps with other crystalline patents suggest the importance of detailed patent clearance and freedom-to-operate analyses for competitors.
Key Takeaways
- Patent DE602005010733 protects specific crystalline forms and manufacturing methods, with applications in treating mental health disorders.
- Its enforceability extends across Europe until December 2026, with protection in key markets through family patents.
- The landscape includes multiple filings targeting similar APIs or polymorphs, requiring careful freedom-to-operate assessments.
- The patent's breadth indicates strategic importance but also highlights the risks of patent cliffs approaching in late 2026.
- Monitoring post-grant litigations or opposition proceedings remains critical for market entry.
FAQs
Q1: What is the significance of crystalline form patents in pharmaceuticals?
Crystalline form patents protect specific polymorphs that influence drug stability, bioavailability, and patentability. They are key to establishing proprietary rights over solid-state forms.
Q2: Can a competitor develop a different crystalline form to bypass this patent?
Yes. Developing a polymorphic form not covered by the patent claims or inventing an entirely different API derivative could circumvent this patent.
Q3: How does patent expiry impact generic manufacturing?
Post-expiry, generic manufacturers can seek regulatory approval to produce equivalent drugs, assuming no other patents or exclusivities block market entry.
Q4: Are process claims as robust as product claims in pharmaceutical patents?
Process claims protect specific manufacturing methods, offering defense against generic entry if process innovations are difficult to replicate or patentable separately.
Q5: What strategies can patent holders pursue before patent expiry?
They can pursue formulation patents, method-of-use patents, or extension strategies like data or supplementary regulatory exclusivities.
References
- European Patent Office. (2006). Patent DE602005010733.
- U.S. Patent and Trademark Office. (2008). US Patent US7488224 B2.
- PatentScope. (2021). Patent family information for DE602005010733.
