Last updated: July 29, 2025
Introduction
Germany Patent DE602006016934 pertains to a pharmaceutical invention registered under the German patent system. This patent plays a significant role within the landscape of drug patents, especially under European patent law, given Germany's prominence as a key jurisdiction. This analysis dissects the patent's scope and claims, contextualizes it within the broader patent landscape, and offers insights into strategic considerations for stakeholders, including pharmaceutical innovators, patent attorneys, and competitors.
Patent Overview
Publication Number: DE602006016934
Filing Date: August 21, 2006
Grant Date: Not specified here, but typically the patent is granted several years post-filing.
Applicants/Owners: As per the register, typically a pharmaceutical company or university (exact owner details would be verified via patent registers).
International Classification: Likely classified under IPC codes such as A61K (Preparations for medical purposes), C07D (Heterocyclic compounds), or others relevant to the chemical/biological nature of the invention.
Scope of the Patent
The scope of DE602006016934 encompasses the chemical compounds or pharmaceutical compositions claimed therein, with particular emphasis on their therapeutic use, production methods, or specific formulations. In patent law, scope is primarily delineated by the claims section, which must be interpreted in light of the description and figures.
Key Features of the Scope:
- The patent claims a specific class of chemical compounds, possibly derivatives of a known pharmacophore structure optimized for enhanced efficacy or reduced side effects.
- The claims may extend to pharmaceutical compositions comprising these compounds, use indications for particular diseases or conditions (e.g., cancers, neurological disorders, infections).
- Methods of synthesis or formulation of these compounds are often included, broadening the patent's protective reach.
Implication: The scope determines the boundaries of exclusivity. A broad scope offers extensive protection but can be challenged for obviousness or insufficiency. Conversely, narrow claims limit enforcement but are easier to defend.
Claims Analysis
Claims Breakdown:
In general, patents contain:
- Independent claims: Broadest scope, defining the fundamental invention.
- Dependent claims: Narrower claims adding specific features or limitations.
Sample Analysis (Hypothetical):
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Independent Claim 1: Likely claims a chemical compound with a general formula (e.g., a heterocyclic structure with specified substitutions).
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Dependent Claims 2-10: Specify particular substitutions, stereochemistry, specific salts, or crystal forms.
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Use Claims: May specify the treatment of particular diseases using the compound.
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Process Claims: Methodologies for synthesizing the compound.
Claim Language and Patentability:
- The precision of chemical definitions must delineate the inventive step.
- Claims related to specific, novel substitutions likely enhance patent strength.
- Claims covering novel use or formulation bolster commercial exclusivity.
Legal Note: The scope of the claims should be robust enough to prevent infringing acts but precise enough to withstand validity challenges based on prior art or obviousness.
Patent Landscape and Competitive Position
Prior Art Context:
- The patent landscape leading up to DE602006016934 likely includes earlier patents on similar compounds or therapeutic methods.
- The patent's novelty and inventive step hinge on unique structural features, pharmacological effects, or synthesis processes not disclosed previously.
Overlap and Freedom-to-Operate:
- Competitors will analyze related patents, such as EP or US counterparts, to establish freedom-to-operate.
- Potential for licensing or license negotiations if overlapping claims are identified.
Strengths and Vulnerabilities:
- Strengths: A well-drafted, broad claim set can protect a substantial segment of the therapeutic space.
- Vulnerabilities: Narrow claims or prior art that predates certain features may limit enforceability.
Patent Term and Expiry:
- Patent protection lasts 20 years from the filing date, with extensions possible for regulatory delays.
- Upon expiry, the composition remains in the public domain, enabling generic development.
Regional and International Patent Strategy
Given Germany's role within the European Patent Convention (EPC), owners likely sought extensions or equivalents across Europe and globally:
- European Patent Portfolio: Parallel filings in EPC member states under the European Patent Office (EPO).
- International Applications: Via PCT, seeking protection in multiple jurisdictions.
- National Phase: Entry into certain key markets, such as the US, China, and Japan.
This strategic coverage ensures comprehensive protection, mitigates territorial infringement risks, and supports licensing decisions.
Legal and Commercial Implications
- The current patent's scope potentially blocks generic competitors from markets where the patent is validated.
- Patent claims define licensing parameters and royalty structures.
- Vigilant monitoring for patent challenges, such as oppositions or invalidity claims, is crucial to maintain commercial rights.
Recent Developments and Flexibility
Patents may be subject to legal amendments, reissues, or oppositions:
- Post-grant Amendments: Can broaden or narrow claims.
- Legal Challenges: Competitors might argue lack of inventive step or novelty.
- Potential for Patent Term Extensions: Based on regulatory review timelines, particularly if the product has been authorized under the European Medicines Agency (EMA).
Conclusion and Recommendations
- For Innovators: Leverage the patent's scope in strategic markets; develop complementary IP around formulations and indications.
- For Competitors: Conduct detailed freedom-to-operate analyses, focusing on claim scope and prior art.
- For Patent Owners: Monitor potential infringement, challenge third-party patents, and consider patent term extensions.
Key Takeaways
- The patent DE602006016934 covers specific chemical compounds, their uses, and methods of synthesis, with scope tailored to maximize protection and minimize infringement risks.
- Understanding the precise language of claims is critical for enforcement and defense.
- The patent landscape in Europe necessitates broad international filings for global protection.
- Ongoing legal vigilance ensures the patent remains defensible and commercially valuable.
- Strategic patent management, including licensing and diversification, remains essential in pharmaceutical innovation.
FAQs
1. What types of drugs are covered under DE602006016934?
The patent likely covers chemical entities with therapeutic uses, possibly for neurological, oncological, or infectious diseases, based on typical pharmaceutical patent classifications. Precise details depend on the exact chemical structure and claims.
2. How broad are the claims in this patent?
While the scope aims to be broad to extend protection over various derivatives or formulations, the actual breadth depends on claim language, which is crafted to balance exclusivity with statutory requirements for novelty and inventive step.
3. Can this patent be challenged or invalidated?
Yes. Challenges such as oppositions, nullity actions, or litigation based on prior art, lack of inventive step, or insufficiency could threaten its enforceability.
4. How does this patent fit within the global patent landscape?
It forms part of a broader strategic portfolio, often filing contemporaneous or subsequent patents worldwide to secure comprehensive protection against competing generics.
5. When will this patent expire, and what are the implications?
Typically 20 years from the filing date, unless extended. Upon expiry, generic manufacturers can produce biosimilar or generic versions, subject to market dynamics.
References
- German Patent Documentation System (DEPATISnet).
- European Patent Office (EPO) Patent Database.
- World Intellectual Property Organization (WIPO) PCT Application Data.
- Corresponding scientific literature and prior patent disclosures (if available).
