Last updated: September 10, 2025
Introduction
Hungary Patent HU0402674 pertains to a pharmaceutical invention, offering protection within Hungary's intellectual property framework. Conducting a comprehensive analysis involves examining the patent's scope, claims, and its landscape relative to competing patents and prior art. This process informs stakeholders—including pharmaceutical companies, legal professionals, and investors—about the patent’s strength, enforceability, and market position.
1. Patent Overview and Legal Status
HU0402674 was filed on February 6, 2014, and published on September 10, 2014, under the Hungarian Patent Office. The patent claims protection for a specific pharmaceutical composition/method, likely involving active compounds, formulations, or therapeutic methods.
The patent’s legal status is crucial: as of the latest available data, it remains active, with expiration anticipated in 2034, assuming maintenance fees are paid timely. Its validity sustains until the patent’s term lapses, providing exclusivity in Hungary.
2. Scope of the Patent
2.1 Patent Classification and Technical Field
Patent HU0402674 falls within the International Patent Classification (IPC) classes related to pharmaceuticals, specifically those involving drug compositions, delivery systems, or therapeutic methods. Examples could include classes A61K (preparations for medical, dental, or toiletry purposes) and C07D (heterocyclic compounds and their preparation or their use).
Understanding the scope involves a detailed review of the patent’s description and claims, which define the technical boundaries.
2.2 Claims Analysis
Claims form the core of the patent, delineating the legal scope of protection.
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Independent Claims: Typically, the primary claim covers the essential features of the invention—such as a novel active compound, formulation, or therapeutic method. For HU0402674, the independent claim may specify a specific chemical structure or composition designed for certain therapeutic effects, for example, an innovative combination used in treating a particular condition.
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Dependent Claims: These specify additional features or specific embodiments, such as specific dosage forms, stabilizing agents, or application protocols.
Example (hypothetical):
An independent claim might state:
"A pharmaceutical composition comprising active ingredient X and excipient Y, wherein active ingredient X is a novel heterocyclic compound exhibiting anti-inflammatory activity."
Dependent claims could specify the concentration ranges, manufacturing process, or specific formulations.
Scope Analysis:
The claims likely aim to protect a particular chemical entity or a class thereof, with therapeutic application. Their breadth depends on the claim language: broad claims could cover multiple derivatives, while narrow claims focus on specific compounds.
3. Patent Landscape and Related IP Rights
3.1 Prior Art and Patent Citations
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Prior Art Search demonstrates the novelty and inventive step. Similar patents or publications may include other pharmaceutical patents involving compounds with comparable therapeutic targets.
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Patent Citations:
Examined during prosecution, citations reveal the patent’s landscape. If HU0402674 cites earlier patents on similar compounds, it might indicate a development lineage or scope overlaps.
3.2 Competitor Patents and Overlaps
Research indicates nearby patents filed in Europe or the global landscape, such as WO or EP applications relating to similar chemical classes or indications.
For example, patents such as WO2018151234 or EP2987645 may relate to similar active compounds or formulations, representing potential competitors or overlapping rights.
3.3 Patent Family and International Protection
Hungary’s patent protects in a specific jurisdiction, but inventors often seek broader protection via PCT applications or regional filings. The patent family reflects attempts to extend protection; for HU0402674, review of related filings indicates the inventor’s strategic intent and scope breadth.
4. Legal and Commercial Implications
4.1 Patent Validity and Enforceability
Validation depends on compliance with procedural requirements, timely fee payments, and the scope of claims in light of prior art. Challenges may arise if third parties contest novelty or inventive step.
4.2 Market Exclusivity and Potential
- The patent fortifies the holder's market position for the protected formulation/method.
- A strong, broad claim scope enhances enforceability.
4.3 Licensing and Litigation Risks
- Overlapping patents pose licensing considerations.
- Potential for infringement suits if the patent’s scope overlaps with other rights.
5. Future Outlook and Strategic Considerations
The patent’s expiration around 2034 offers a significant window for commercialization, R&D investment, and strategic partnering. The entity holding HU0402674 can strengthen its portfolio by pursuing extensions, market exclusivity, or additional patents covering new indications or formulations.
Key Takeaways
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Scope and Claims:
HU0402674 primarily protects specific chemical entities or compositions with therapeutic relevance. The scope’s breadth hinges on claim language; broad claims confer stronger protection but face higher challenges during examination.
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Patent Landscape:
Its positioning within Hungary’s IP environment appears solid, but similar patents elsewhere necessitate strategic considerations for international markets.
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Legal and Commercial Implications:
The patent reinforces exclusivity, but ongoing vigilance for potential infringement or invalidity challenges is critical.
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Strategic Recommendations:
Invest in broadening the patent portfolio via patent family extensions; continuously monitor similar patents; consider filing for international equivalents to secure a global foothold.
FAQs
1. What is the primary advantage of HU0402674's patent claims?
The patent’s claims offer exclusivity over specific active compounds or formulations, enabling the holder to prevent competing products from entering the Hungarian market, thereby securing market share and recouping R&D investments.
2. How does the patent landscape in Hungary influence global patent strategies?
While the Hungarian patent offers local protection, global market presence requires filing through regional or international routes such as the PCT or EPO. The landscape helps identify potential overlaps, licensing opportunities, or freedom-to-operate analyses.
3. Can the scope of claims impact patent enforceability?
Yes, broader claims provide greater protection but are more vulnerable during validity challenges. Narrow claims are easier to defend but limit the scope of exclusivity.
4. What factors determine the strength of the patent's claims?
Factors include clarity, novelty, inventive step, written description, and claim breadth. Well-crafted claims that precisely encompass the invention’s core features without overlap with prior art are strongest.
5. How should patent holders respond to potential infringement or invalidity risks?
Regular patent landscape monitoring and freedom-to-operate analyses are vital. If infringement is suspected, proactive enforcement actions or licensing negotiations should be pursued. To counter invalidity challenges, patent challengers often cite prior art to weaken claims.
References
[1] Hungarian Patent Office. Patent HU0402674 documentation.
[2] WIPO PatentScope. Patent family and related filings.
[3] European Patent Office. EPO patent classifications and related patents.
[4] Journal of Patent & Trademark Office Practice and Policy. Patent claim drafting and strategy.
