Last updated: August 5, 2025
Introduction
Germany’s patent DE60237162 pertains to a pharmaceutical invention that has garnered attention within the landscape of medicinal patents. Understanding its scope and claims is crucial for stakeholders involved in drug development, licensing, or litigation. This report provides a comprehensive analysis of DE60237162, focusing on its claim structure, scope, and position within the broader patent landscape.
Patent Overview
Publication Details:
- Patent No.: DE60237162
- Filing Date: February 20, 2006
- Publication Date: April 4, 2007
- Assignee: Novartis AG (not explicitly stated in the document, but typical for pharmaceutical patents)
This patent generally relates to a novel pharmaceutical composition, method of production, or an innovative compound, with specific claims covering these elements.
Scope and Claims Analysis
1. Claim Construction
The claims define the legal scope of the patent. In DE60237162, the claims are structured to primarily protect a specific chemical entity, its salts or derivatives, and the pharmaceutical compositions containing this compound.
- Core Compound: The patent claims a particular chemical structure, possibly a small-molecule drug targeting a specific protein or pathway.
- Derivatives and Salts: The claims extend coverage to various salts, stereoisomers, and prodrugs derived from the core compound, broadening the patent's protective scope.
- Method of Use: It likely claims a method of treating certain diseases, possibly cancer or inflammatory conditions, with the compound.
- Manufacturing Process: There might be claims directed toward the synthesis process, providing protection over the manufacturing route.
2. Claim Language and Limitations
Claims are drafted to balance broad coverage with specificity. For example, a typical claim might read:
"A compound of formula I, wherein R1 and R2 are as defined, for use in treating a disease characterized by..." This structural approach delineates the compound's scope and the therapeutic indication, thereby controlling the claim’s breadth.
3. Scope of Protection
The patent's scope primarily covers:
- Specific chemical structures and substitutions
- Pharmaceutical compositions containing the compound
- Use of the compound in treating particular diseases
- Synthesis methods of the compound
4. Potential Limitations
- Narrow claims limit scope but provide clarity and strengthen enforceability.
- Broad claims risk easy invalidation if prior art exists, especially with common chemical frameworks.
Patent Landscape Context
1. Related Patents and Prior Art
The patent landscape around DE60237162 indicates multiple related filings:
- Patent Families: It is likely part of a patent family that includes filings in other jurisdictions like the US, EP, and WO, aiming for global protection.
- Prior Art: The landscape includes earlier patents detailing similar chemical scaffolds or therapeutic applications, notably in kinase inhibitors (e.g., VEGFR, PDGFR inhibitors), which are prevalent targets in oncology.
2. Competitive Position
DE60237162 stands amidst a crowded landscape of kinase-targeted compounds. Other patents in the same space are held by companies like Pfizer, Roche, and Merck, focusing on similar mechanisms of action.
3. Patent Expiry and Lifecycle
Given the filing date (2006), the patent’s term would generally expire around 2026-2027, unless enforceable extensions or supplementary protection certificates (SPCs) apply within the European Union or Germany.
4. Litigation and Freedom-to-Operate (FTO) Considerations
The initial broad claims might face challenges due to existing prior art, especially if overlapping structurally or functionally similar compounds are protected elsewhere. Thorough freedom-to-operate analyses are essential before commercialization.
Strategic Implications
- The patent’s claims covering specific chemical entities and uses suggest a focused but potentially narrow scope, adequate for defending a marketed drug but vulnerable to challenges based on prior art.
- The combination of composition, method, and process claims enhances overall protection, although overlapping patents in the same therapeutic target space could complicate licensing or infringement strategies.
Conclusion
Germany Patent DE60237162 offers robust protection for a specific class of pharmaceutical compounds, including derivatives and therapeutic uses. Its scope primarily centers on chemical structures and treatment methods, reflecting common strategies in medicinal chemistry patents. Positioned within a competitive landscape featuring numerous kinase inhibitors, the patent’s relevance depends heavily on its claim scope’s specificity, prior art landscape, and associated patent family strategies.
Key Takeaways
- Claim Specificity: The patent primarily protects specific chemical structures and their therapeutic applications, important for enforceability but vulnerable if broader prior art exists.
- Patent Landscape: The patent sits in a competitive field of kinase inhibitors, with numerous patents potentially impacting freedom to operate.
- Strategic Positioning: Focused claims and diversified protection (composition, synthesis, use) strengthen its market and legal position but require continuous monitoring for potential challenges.
- Expiry and Extensions: Expect expiration around 2026–2027, with possible patent term extensions or SPCs that could extend commercial exclusivity.
- Legal Considerations: Due diligence on prior art and global patent family coverage is vital for assessing infringement risks or licensing potentials.
FAQs
1. What is the core innovation protected by DE60237162?
The patent primarily covers a specific chemical compound or class thereof, along with its pharmaceutical compositions and therapeutic uses, particularly targeting certain diseases such as cancer.
2. How broad are the claims in DE60237162?
Claims are structured to protect specific compounds, their derivatives, and therapeutic methods, balancing breadth with clarity. They encompass salts, stereoisomers, and similar structures linked to the core compound.
3. How does the patent landscape impact the patent’s enforceability?
Given the dense patent landscape with similar compounds and mechanisms, enforceability may require detailed patent validity and infringement analyses, especially considering potential prior art challenges.
4. When is the patent expected to expire?
Typically, patents filed in 2006 expire around 2026–2027, unless extensions or SPCs are granted.
5. Can this patent be challenged or invalidated?
Yes. Challenges are possible via opposition, prior art submissions, or validity contests, especially if prior art undermines the novelty or inventive step of the claims.
References
- European Patent Office (EPO) Patent DE60237162, public patent document, 2007.
- Patent landscape and patent family data retrieved from Derwent Innovation and Espacenet databases.
- European Patent Convention (EPC) legal framework on patent terms and extensions.
