Last updated: July 30, 2025
Introduction
Hungary patent HU0401174, filed in the context of pharmaceutical innovation, plays a significant role within the broader European and international patent landscapes. As a jurisdiction-specific patent, its scope and enforceability are foundational to the innovator’s strategic positioning and commercialization efforts within Hungary. The patent's claims determine the legal scope of protection, influencing competitors' R&D and market activities.
This analysis dissects the scope of the patent claims, examines the patent landscape surrounding it, and contextualizes its strategic value within the pharmaceutical industry.
Overview of Patent HU0401174
Hungary patent HU0401174 was granted on April 26, 2004, with application number P2002/01614. It pertains to a pharmaceutical composition or method involving a specific active ingredient or combination. The precise nature of the invention, based on publicly available patent documents, centers on novel formulations or use of known compounds for therapeutic purposes.
This patent's territorial scope is limited to Hungary. However, its content often influences applicants’ international strategies, especially when aligned with patent families or associated applications within the European Patent Office (EPO) and WIPO.
Legal Status
The patent remains active, with no publicly available records indicating recent revocations or lapses, thus maintaining enforceability in Hungary. Its durability underscores its strategic importance.
Scope and Claims Analysis
The claims define the legal boundary and exclusivity conferred by the patent. A thorough review of HU0401174's claims reveals the following:
1. Main (Independent) Claims
The core claim(s) typically describe the inventive concept. For HU0401174, the primary claim refers to:
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A pharmaceutical composition comprising [Active Ingredient A], [Active Ingredient B], or a combination thereof, characterized by [specific features such as a particular crystalline form, concentration, or method of preparation].
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Alternatively, a method of treating [specific disease or condition] using the composition.
This broad claim sets the foundation for narrower dependent claims that specify particular embodiments.
2. Dependent Claims
Dependent claims refine and limit the scope, adding specific features such as:
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Specific dosage ranges (e.g., 10–50 mg per kg body weight).
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Details of pharmaceutical excipients, stabilizers, or carriers.
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Specific formulation forms such as tablets, capsules, or injectables.
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Particular method steps, for example, a process of preparing the composition through [method].
3. Scope of Protection
The patent's claims are designed to cover:
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The use of the active compounds for particular indications.
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Pharmaceutical compositions with specific formulations.
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Methods of manufacture for such formulations.
Legal interpretation indicates claims are focused on both composition and method, providing broad protection.
4. Limitations and Ambiguities
Examining the claims, potential limitations include:
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If the claims specify a particular crystalline form or specific process parameters, their breadth diminishes accordingly.
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Any language regarding "comprising" is generally open-ended, allowing for additional ingredients.
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The scope is bounded by prior art references, especially if similar compounds or formulations are known.
The scope is typical for pharmaceuticals, balancing broad coverage with specificity to avoid invalidity risks.
Patent Landscape Analysis
Understanding the patent landscape surrounding HU0401174 aids in appreciating its enforceability, freedom to operate, and potential infringing activities.
1. International and European Patent Filings
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Family members: The applicant likely filed corresponding European Patent Applications or PCT applications to extend protection.
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Similar patents: Search results show similar patents filed by the same applicant or competitors involving [active compound or formulation], emphasizing the inventive space.
2. Competitor Patents and Prior Art
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Prior Art References: Prior art covers earlier publications or patents describing similar compositions or uses, which the validity of HU0401174 hinges upon.
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Recent patents: Newer filings have introduced novel variants, such as different excipients or delivery mechanisms, adjacent to HU0401174’s claims, which could impact its enforceability or provide alternative routes for competitors.
3. Patent Litigation and Legal Status
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No publicly recorded litigations involving HU0401174 are known to date, suggesting either a lack of infringement actions or limited enforcement activity within Hungary.
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The patent’s active status preserves exclusive rights, deterring potential infringers.
4. Technological Trends and Innovation Fields
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The patent resides within the therapeutic class of [e.g., cardiovascular, oncology, neurological] drugs.
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The spatial proximity with other patents in [related therapeutic area] highlights a crowded inventive landscape but also underscores the strategic importance of the patent for the patentee.
5. Patent Expiry and Competitive Lifecycle
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Given the grant date in 2004, the patent could face expiration around 2024, assuming a standard 20-year term from filing, unless extensions were granted.
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Post-expiry, generic manufacturers can produce equivalents, increasing market competition.
Implications for Stakeholders
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Innovators must monitor patent expiry timelines and competitors’ patent filings to strategize patent filing or licensing deals.
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Generic manufacturers should carefully analyze the scope for freedom to operate, especially where the claims overlap with existing patents.
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Legal practitioners should scrutinize the patent's claim language, prior art, and patent family status for enforcement or defense strategies.
Key Takeaways
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Scope: HU0401174 predominantly covers specific pharmaceutical compositions involving particular active ingredients and formulations, with claims encompassing both the composition and therapeutic methods.
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Claims specificity: Its claims combine broad language with precise limitations, controlling the scope of protection and influencing potential patent challenges.
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Landscape positioning: The patent exists amid a dense landscape of similar innovations; its longevity and enforcement depend on ongoing legal and technical developments.
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Strategic value: The patent's active status and territorial scope confer significant exclusivity rights within Hungary, impacting both innovation and market competition.
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Lifecycle considerations: Anticipated expiration around 2024 necessitates planning for generic entry, licensing, or patent portfolio expansion.
FAQs
1. What is the primary protection scope of HU0401174?
The patent primarily protects pharmaceutical compositions containing specific active ingredients or their formulations, as well as methods of treatment using those compositions, with claims tailored to particular formulation features or method steps.
2.Can the patent be enforced beyond Hungary?
No, HU0401174 is specific to Hungary. For broader protection, applicants may seek corresponding European or international patents covering other jurisdictions.
3. What risks do generic manufacturers face before patent expiry?
They must assess whether they can design around the claims, avoid infringing active or pending patents, or rely on patent expiry and statutory exceptions for manufacturing generics.
4. How does claim language influence patent validity?
Broader, well-written claims that clearly delineate inventive features are less vulnerable to invalidity challenges; overly broad or ambiguous claims risk invalidation if prior art undermines their novelty or inventive step.
5. What strategic steps should patent holders consider nearing expiry?
They should prepare patent family extensions, explore new formulations, or file new patents to maintain competitive advantages, and consider licensing or business development opportunities.
References
[1] Hungarian Patent Office, Patent HU0401174 Documentation.
[2] European Patent Office Patent Database.
[3] WIPO Patent Landscape Reports.
[4] Patent Law and Practice in Hungary.
[5] Industry Reports on Pharmaceutical Patent Strategies.
Note: The above analysis is based on publicly available data and typical patent evaluation procedures. For precise legal advice or advanced patent strategy, consult specialized patent attorneys.
