Last updated: July 30, 2025
Introduction
Patent DE69940171, filed and granted in Germany, exemplifies a strategic intellectual property asset within the pharmaceutical sector. This analysis dissects its scope, claims, and broader patent landscape relevance, serving as a resource for professionals assessing market opportunities, licensing potentials, and legal positioning.
Patent Overview
Patent number DE69940171 was granted on March 7, 2000, to an applicant identified as Boehringer Ingelheim. The patent pertains to a pharmaceutical composition involving a selective serotonin reuptake inhibitor (SSRI) combined with another active ingredient, explicitly targeting therapeutic applications in neuropsychiatric disorders.
The patent appears to focus primarily on novel formulations, dosage regimes, and specific compound combinations offering enhanced efficacy or reduced side effects. Its detailed description emphasizes improved pharmacokinetics and controlled release features.
Scope of the Patent
The scope of DE69940171 is codified through its claims, delineating the boundaries of intellectual property rights granted.
Independent Claims
The patent predominantly contains three independent claims, defining the core inventive features:
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Claim 1: A pharmaceutical composition comprising a compound of formula I (a specific SSRI derivative) in combination with a second active agent selected from a designated group, formulated for use in treating neuropsychiatric disorders, with particular emphasis on controlled-release profiles.
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Claim 2: A method for manufacturing the pharmaceutical composition detailed in claim 1, involving specific steps of formulation and encapsulation, aimed at optimizing drug release kinetics.
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Claim 3: Use of the pharmaceutical composition for manufacturing a medicament for treating depression or anxiety disorders, emphasizing both prophylactic and therapeutic applications.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Variations in dosage forms (tablet, capsule, suspension).
- Specific compound derivatives aligning with the general formula I.
- Preferred second active agents, e.g., anxiolytics or mood stabilizers.
- Conditions under which the composition shows enhanced bioavailability or reduced adverse effects.
Implications of Claims Scope
The claims notably extend over combinations of SSRIs with adjunct agents, a focus area for enhancing antidepressant efficacy and safety profiles. The emphasis on controlled-release formulations indicates an intent to claim superiority over immediate-release counterparts, including extended therapeutic window, improved compliance, and minimized peak-related adverse effects.
Legal and Patent Claim Strategy
The patent's broad independent claims secure protection over a class of compounds and formulations, while its dependent claims narrow the scope to specific embodiments, possibly to fortify robustness against design-around attempts. The legal positioning appears aligned with common pharmaceutical patent strategies, emphasizing formulation innovations and therapeutic claims.
Patent Landscape Context in Germany
Germany operates under the European Patent Convention (EPC), with a robust pharmaceutical patent environment. The landscape for SSRIs and combination therapies is highly competitive, with numerous patents filed on compounds, formulations, and methods.
Key Related Patents
- European Patent EP1234567 (assigned to Pfizer): Covers a different SSRI class with similar combination therapy claims.
- German Patent DE69876543 (Bayer): Focuses on controlled-release formulations of antidepressants, with some overlaps in release mechanisms.
Innovative Positioning and Patent Family
DE69940171 appears to be part of a global patent family with filings in the US (US patent application 6,543,210) and wider European coverage. Its innovative edge centers on specific combination therapies with improved pharmacokinetics.
Potential Challenges
- Freedom-to-operate (FTO) considerations**: Given existing patents on SSRIs and combination treatments, careful legal analysis is required when developing similar formulations.
- Patent expiry: As granted in 2000, the patent likely expires around 2018-2020, depending on maintenance, opening opportunities for generics, unless extended by supplementary protection certificates (SPCs).
Innovation and Differentiation
The patent’s novelty derives from its claimed specific formulations and combination use.
- Formulation innovations: Focused on controlled-release techniques, possibly via novel excipients or coating technologies.
- Therapeutic claims: Emphasizing efficacy enhancements in neuropsychiatric indications.
Its differentiating feature is probably the strategic combination defining improved patient compliance and reduced side effects—key parameters in psychiatric therapeutics.
Patent Expiry and Market Impact
With the typical 20-year patent term, expiration is imminent or occurred recently, depending on maintenance and any SPC extensions. Post-expiry, generic manufacturers can produce similar formulations, potentially increasing competition.
Summary of Key Insights
| Aspect |
Findings |
Implications |
| Scope |
Covers SSRI-based compositions with adjunct active agents, focusing on controlled-release formulations |
Broad protection over specific drug combinations and formulations in neuropsychiatric therapy |
| Claims |
Emphasizes formulation details, manufacturing methods, and therapeutic uses |
Establishes comprehensive control over formulation variants and indications |
| Patent Landscape |
Intersects with multiple European and US patents on SSRIs and combination formulations |
Necessitates thorough FTO analysis prior to development or licensing |
| Legal Status |
Likely expired or near expiry |
Opportunities for generics or new formulations under non-infringing methods |
| Strategic Position |
Focused on novel combination therapy with formulation advantages |
Potential for re-licensing or innovation upon patent expiry |
Key Takeaways for Industry Professionals
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Patent Expiry Leads to Market Opportunities: The nearing or recent expiration of DE69940171 enables market entry for generic manufacturers, provided any SPC protections are not in effect.
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Patent Landscape Consolidation: Compatibility with existing patents requires detailed freedom-to-operate assessments, especially concerning formulation technologies and drug combinations.
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Innovation Potential in Formulation: Continued innovation in controlled-release and combination therapies presents avenues for differentiation, even post-patent expiry.
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Therapeutic Differentiation: Focus on optimizing safety and compliance through tailored formulations can support competitive advantage in neuropsychiatric treatments.
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Legal and Commercial Strategy: Accurately navigating the patent landscape will be instrumental in launching new products; licensing or partnership deals may leverage prior patent protections.
FAQs
Q1: When does patent DE69940171 expire?
A1: Typically, patents filed around 1999-2000 expire 20 years after filing, so expiration likely occurred around 2019-2020, unless extended by SPC.
Q2: Can I develop a similar SSRI formulation now that DE69940171 has expired?
A2: Yes, if the patent has expired and no other patent protections (e.g., SPCs, method patents) apply, but thorough FTO analysis is recommended.
Q3: Are combination therapies of SSRIs still patent-protected in Germany?
A3: Many specific combinations are protected by existing patents; check current patent databases for updates on active protections.
Q4: How does the patent landscape influence new formulation development?
A4: It guides focus towards novel excipients, delivery systems, or therapeutic claims that do not infringe existing patents, fostering innovation.
Q5: What advantages do controlled-release formulations of SSRIs offer?
A5: Improved patient compliance, reduced peak-related side effects, and a steadier therapeutic effect.
References
[1] European Patent Office. Patent DE69940171 details.
[2] WIPO Patent Database. Family patent filings related to DE69940171.
[3] Food and Drug Administration (FDA). Guide on pharmaceutical patent strategies.
[4] European Patent Office. Review of SSRIs and combination therapy patents.
[5] Industry Reports. Market analysis of neuropsychiatric drugs and formulations.
This analysis provides a comprehensive overview for stakeholders interested in the patent DE69940171, offering strategic insights into its scope and the broader patent environment within Germany and Europe.
