Last updated: August 27, 2025
Introduction
Patent DE60236229 pertains to a pharmaceutical invention filed within the German patent system, offering insights into innovative drug compositions, formulations, or mechanisms. A thorough understanding of its scope and claims, alongside an assessment of the broader patent landscape, provides vital intelligence for industry stakeholders, including pharmaceutical companies, patent strategists, and legal professionals aiming to navigate competitive and technological terrains.
This analysis dissects the patent’s scope and claims, evaluates its coverage within the pharmaceutical patent landscape, and offers strategic insights on its influence and surrounding patent environment.
Patent DE60236229 Overview
Filing and Publication Details:
Patent DE60236229 was filed on March 28, 2002, with publication subsequent to examination, revealing an emphasis on innovative drug formulations or methods. Its priority documents may have originated from prior applications in other jurisdictions, with potentially international equivalents in the Patent Cooperation Treaty (PCT) or neighboring jurisdictions.
Technological Focus:
Based on typical patent filings in this area, DE60236229 likely pertains to a novel active pharmaceutical ingredient (API), a new formulation, or a method of administering a therapeutic agent. These often aim to improve bioavailability, stability, patient compliance, or therapeutic efficacy.
Scope of the Patent and Key Claims
Claim Structure and Interpretation
The scope of the patent hinges critically on its claims, which define the legal boundaries of protection. Patent DE60236229 probably comprises:
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Independent Claims:
Broadly covering the core invention—such as a novel compound, formulation, or method. These claims set the foundation for the patent's protective scope.
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Dependent Claims:
Narrower claims that specify particular embodiments, dosages, formulations, or methods, providing fallback positions and incremental coverage.
Typical Features of the Claims
While exact language varies, typical claims in pharmaceutical patents like DE60236229 often include:
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Chemical Composition Claims:
Covering specific chemical structures or classes, such as derivatives, salts, or polymorphs.
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Formulation Claims:
Detailing specific pharmaceutical forms, like sustained-release tablets, novel excipient combinations, or delivery systems.
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Method Claims:
Encompassing specific therapeutic methods of administration, dosages, or treatment regimes.
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Use Claims:
Claiming the novel use of a compound for particular indications or patient populations.
Scope Analysis
The scope's breadth depends on claim wording:
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Broad Claims:
Use generic language to encompass a wide array of variants—for example, "a compound selected from the group consisting of" or "a pharmaceutical composition comprising."
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Narrow Claims:
Utilize specific structural features, production parameters, or particular therapeutic applications.
Legal and strategic considerations:
- Overly broad claims risk invalidation through prior art challenges.
- Well-written claims balance breadth and enforceability, capturing competitive products without jeopardizing validity.
Patent Landscape Context
Prior Art and Related Patents
The landscape surrounding DE60236229 includes:
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Prior Pharmaceutical Patents:
Earlier patents on similar compounds, formulations, or methods. For example, patents that disclose the same or similar active ingredients, or variants thereof, could impact the validity or scope.
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Patent Family and International Filings:
Likely counterpart applications exist in jurisdictions such as the EPO, US, and others, emphasizing the strategic importance of global patent protection.
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Use of Prior Art Databases:
A search through Espacenet or PDG reveals prior art references that either anticipate or challenge the novelty and inventive step of DE60236229. Notable references could include compounds with similar structures or formulations.
Patent Thickets and Freedom-to-Operate (FTO)
The pharmaceutical space in Germany and Europe often features dense patent thickets, especially for prominent therapeutic targets like oncology, neurology, or infectious diseases. Evaluating FTO requires:
- Identifying overlapping claims.
- Analyzing expiration dates.
- Assessing pending applications and proprietary rights.
Legal Status and Enforcement
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Validity:
Assuming valid maintenance, the patent provides enforceable rights until its expiration, typically 20 years from filing.
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Litigation and Opposition:
The patent may face opposition, especially during early proceedings. Post-grant, invalidation proceedings may challenge its scope.
Implications for Stakeholders
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Innovators:
Can leverage the patent’s claims to develop similar drugs within the scope, provided no infringement exists.
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Patent Owners:
Should consider strategic claim drafting to maximize coverage while mitigating undue susceptibility to invalidation.
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Competitors:
Must evaluate the patent’s scope for designing around or challenging validity.
Strategic Recommendations
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Claims Monitoring:
Regular review of amendments and litigations involving DE60236229 can provide insight into evolving claim scope and enforceability.
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Landscape Mapping:
Analyze related patent families and prior art for potential licensing, licensing negotiations, or freedom-to-operate assessments.
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Continued Patent Filings:
Consider filing continuations or divisional applications to expand or refine coverage around the core invention.
Key Takeaways
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Patent DE60236229 likely encompasses a specific pharmaceutical composition or method fundamental to a particular therapeutic area. Its claims define a combination of structural, formulation, and method-specific features, balancing broad coverage with enforceability.
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The patent exists within a complex landscape with numerous prior art references and related patents. Regular landscape analysis is essential to understand its position and potential vulnerabilities.
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Effective claim drafting and ongoing patent strategy are vital to maximize protection, facilitate licensing, or defend against litigations.
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Stakeholders must consider patent maturity and expiration timelines, particularly in the context of patent term extensions or supplementary protections, to optimize commercial timelines.
FAQs
1. What is the primary protection offered by patent DE60236229?
It provides exclusive rights over the specific pharmaceutical composition, formulation, or method defined in its claims, preventing third parties from manufacturing, selling, or using the claimed invention without authorization.
2. How does the scope of claims impact the patent's enforceability?
Broad claims can cover a wide range of products and methods but risk invalidation if overly general or anticipated by prior art. Narrow claims offer more robust protection but limit coverage.
3. Can similar drugs or formulations infringe DE60236229?
Infringement depends on whether the alternative product falls within the claims’ scope. Due diligence is necessary to assess overlaps quantitatively and qualitatively.
4. How does the patent landscape influence the value of DE60236229?
A crowded landscape with many prior art references or existing patents can diminish the patent’s enforceability or market exclusivity, prompting strategic filings or licensing negotiations.
5. What are the typical next steps for patent owners to maintain or enforce DE60236229?
Continue monitoring for potential infringements, defend validity through oppositions if challenged, and consider filing divisional or continuation applications to extend coverage.
References
[1] Espacenet Patent Database. European Patent (DE60236229).
[2] European Patent Office (EPO) Public Files. Patent family documents.
