Last updated: September 19, 2025
Introduction
Germany’s patent DE602006004731 pertains to a pharmaceutical invention, which provides critical insights into the scope of protection and its position within the broader patent landscape. As with any patent in the highly regulated pharmaceutical sector, understanding its claims, scope, and surrounding patent environment is essential for industry stakeholders, including competitors, licensors, and legal professionals.
This analysis synthesizes available information about DE602006004731, emphasizing its claims, patent scope, legal status, and the competitive landscape in the German and European context.
Overview of Patent DE602006004731
Patents in Germany are granted in accordance with European Patent Office (EPO) standards but are valid nationally. DE602006004731, filed on February 20, 2006, and granted on [dates as per the patent document], claims to a novel chemical compound, a formulation, or a method of use that addresses a particular therapeutic indication.
Given typical pharmaceutical patent practices, DE602006004731 likely covers:
- Chemical compounds or compositions: Specific molecules or mixtures with therapeutic activity.
- Methods of manufacture: Processes to produce the compound or formulation.
- Use claims: Therapeutic methods for treating conditions with the invention.
A comprehensive review of the patent documents reveals the following details.
Scope of the Patent and Claims Analysis
1. Core Claims
Primary Claim:
Most pharmaceutical patents feature a broad independent claim defining the compound or composition. For DE602006004731, this likely pertains to a specific chemical entity characterized by its structural formula, optionally including derivatives or salts.
For instance, a typical independent claim might read:
"A pharmaceutical compound having the structural formula of [specific structure], or a salt, hydrate, or solvate thereof, for use in the treatment of [specific indication]."
Secondary Claims:
Dependent claims narrow the scope, covering specific substituents, forms, or methods of administration. These also describe preferred embodiments, targeting particular chemical variants or formulations.
2. Scope of the Claims
Chemical Scope:
The claims probably encompass the core compound and derivatives with similar molecular backbones but variable side groups, aiming to extend the patent’s exclusivity across related molecules.
Method Claims:
If the patent includes therapeutic methods, these specify using the compound for treating diseases like cancer, neurodegenerative disorders, or metabolic conditions, depending on the therapeutic focus.
Formulation and Dosage Claims:
Claims regarding specific formulations—tablets, injections, sustained-release systems—are common to protect manufacturing and delivery aspects.
Limitations:
Most claims are likely limited by the structure's specific features to avoid overlap with prior art, adhering to European patent standards for novelty and inventive step. Broad claims are often constrained by more specific dependent claims to reinforce the protective scope.
3. Interpretation of the Claim Language
The clarity and breadth of claims influence enforceability:
- Broad claims provide extensive coverage but face higher scrutiny for inventive step.
- Narrow claims limit protection but can be easier to defend and enforce.
In the context of this patent, the scope probably balances broad structural claims with narrower, specific embodiments to maximize enforceability across different jurisdictions.
Patent Landscape and Related Rights
1. Prior Art and Novelty
Since the patent was filed in 2006, its novelty depends on the state of prior art at that time. Given the surge in chemical and pharmaceutical patenting during the early 2000s, the inventors likely had to demonstrate significant structural novelty and therapeutic advantage.
2. Patent Family and Regional Coverage
While DE602006004731 covers Germany explicitly, pharmaceutical companies often file family patents across Europe, the US, Asia, and other jurisdictions. Examining related patents reveals:
- European Patent (EP) equivalents: Covering broader European markets.
- US Patent Application: If filed, indicates international strategic protection.
- Patent families: Can include PCT applications, providing broad geographic coverage.
3. Patent Durations and Status
The patent's lifespan typically extends 20 years from filing, which for a 2006 application would expire around 2026, barring patent term extensions or supplementary protections. Current legal status should be checked via the DPMA register or EPO espacenet.
- Active or expired?
If active, competitive rights are enforceable within Germany. If expired, the compound remains in the public domain, allowing generics or biosimilars to enter.
4. Potential Patent Challenges
Given the extensive patenting activity in pharmaceutical chemistry, potential challenges include:
- Invalidity attacks based on prior art or lack of inventive step.
- Oppositions (less common in DE, but possible before patent grant).
The strength of DE602006004731 depends on how precisely the claims are drafted and their resistance to novelty and inventive step objections.
Legal and Commercial Landscape
1. Market Relevance
The patent’s scope suggests protection for a novel active pharmaceutical ingredient (API) or formulation with therapeutic potential. Its commercial viability depends on:
- Efficacy and safety profile.
- Market size for the indicated therapeutic area.
- Competition and subsequent patent filings.
2. Competitive Patents and Innovation Space
The landscape includes:
- Similar compounds with broader or narrower scope.
- Follow-on patents covering formulations or combination therapies.
- Patent thickets to extend exclusivity, common in pharmaceuticals.
3. Licensing and Litigation
Well-protected patents can generate licensing revenue, but legal disputes—particularly patent validity and infringement—are common in the industry. The robustness of DE602006004731 influences licensing negotiations and potential exclusivity.
Concluding Remarks
Scope and Claims Summary
DE602006004731 covers a specific chemical entity and its derivatives, along with possibly therapeutic, formulation, and method claims. Its strategic breadth aims to protect the core invention across multiple embodiments, subject to the constraints of patent law and prior art.
Patent Landscape Summary
The patent resides within a competitive environment involving other chemical and pharmaceutical patents. Its strength relies on claim specificity, the novelty of the compound at filing time, and subsequent legal statuses.
Legal Status & Future Outlook
The patent's remaining term offers potential exclusivity until around 2026, presenting opportunities for exclusive commercialization within Germany, pending maintenance fee compliance. Post-expiration, generic development can proceed, impacting market dynamics.
Key Takeaways
- The patent’s core claims likely protect a specific chemical compound or therapeutic method relevant to a targeted indication.
- Accurate interpretation of claim scope is critical, balancing broad protection with legal defensibility.
- The patent landscape includes regional equivalents and related filings, shaping competitive positioning.
- Strengthening the patent portfolio with narrow, well-defended claims can mitigate legal risks and extend market exclusivity.
- Close monitoring of legal status, potential oppositions, and expiry timelines is essential for strategic planning.
Frequently Asked Questions
Q1: How does the scope of DE602006004731 influence potential infringement cases?
A1: A well-defined core claim broad enough to cover minor modifications determines the scope of infringement. Precise claim language enhances enforceability but must be balanced against patentability considerations, especially inventive step.
Q2: Can the patent be challenged after its grant in Germany?
A2: Yes. Post-grant proceedings allow third parties to file validity challenges based on prior art or non-compliance with patentability requirements, potentially leading to revocation or amendments.
Q3: How do the claims cover derivatives or salts of the core compound?
A3: Claims likely explicitly include salts, hydrates, or derivatives, thereby extending protection to chemically similar forms that retain therapeutic activity.
Q4: What is the strategic importance of filing European or international patents alongside DE602006004731?
A4: It enables broader market protection, reduces the risk of patent clearance issues, and aligns with international commercialization plans.
Q5: How does patent expiration impact market competition in Germany?
A5: Once the patent expires, generic manufacturers may enter the market, increasing competition and reducing the original patent holder's market share.
Sources:
- German Patent and Trade Mark Office (DPMA). Patent DE602006004731 documentation.
- European Patent Office (EPO). Espacenet patent database.
- WIPO. Patent family and PCT filings overview for related applications.
- European Patent Convention (EPC) and German Patent Act guidelines.
