Last updated: July 29, 2025
Introduction
Denmark Patent DK1135391, granted to organizations involved in pharmaceutical innovation, constitutes a critical element within the legal framework that protects novel drug inventions. This patent's scope, claims, and landscape offer insights into strategic patenting, competitive positioning, and future R&D directions within the pharmaceutical industry. This analysis provides a comprehensive evaluation of DK1135391, focusing on its claims, legal robustness, and the broader patent ecosystem in which it operates.
Overview of Patent DK1135391
DK1135391 was filed as part of the strategic patenting to secure intellectual property rights in Denmark, often serving as a stepping stone within broader European or global patent portfolios. It typically pertains to a specific pharmaceutical compound, formulation, or method of use (subject to the patent document specifics).
Given the confidential or proprietary nature of detailed patent documents, publicly available patent databases, such as Espacenet or the Danish Patent Office, reveal that DK1135391 generally pertains to a novel chemical entity or a therapeutic application with potential for treating specific medical conditions.
Scope of the Patent
The scope of a patent defines the boundaries of legal protection, including the invention's technical features and the extent to which others are barred from manufacturing, using, selling, or distributing similar technology.
Claims Analysis
The claims in DK1135391 likely encompass:
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Independent Claims: These define the fundamental novel aspects of the invention, encompassing:
- A novel chemical compound or derivative, characterized by specific structural features.
- A pharmaceutical composition comprising the compound, possibly with specific excipients or delivery mechanisms.
- A method of treatment involving administering the compound to a patient with a particular condition.
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Dependent Claims: These narrow the scope, providing specificity regarding:
- The compound's chemical structure or stereochemistry.
- The dosage range.
- The method of synthesis.
- Specific formulations or delivery routes (e.g., oral, injectable).
Claim Characteristics and Innovation
The patent claims are carefully drafted to balance breadth and novelty. Broad independent claims provide preemptive protection over a wide scope, whereas dependent claims refine this to specific embodiments.
In DK1135391, the claims may emphasize:
- The unique structural features of the molecule, possibly involving novel substituents or modifications.
- Biological activity or efficacy data, asserting surprising therapeutic benefits.
- Methods of preparation that are more efficient or environmentally friendly than prior art.
From the patent drafting perspective, robust claims are those that:
- Surpass the novelty hurdle by clearly distinguishing from prior art.
- Demonstrate inventive step through insights into unexpected properties.
- Have industrial applicability, ensuring commercial utility.
Legal Robustness and Challenges
The strength of the patent hinges on detailed and enforceable claims. Common challenges include:
- Obviousness: Whether the claimed compounds or methods are obvious in light of prior art.
- Anticipation: Whether prior disclosures predate the filing and encompass the claimed invention.
- Support and Sufficiency: Ensuring the specification sufficiently discloses the claimed subject matter.
The Danish patent examiners would have evaluated these aspects during prosecution, likely resulting in claims that are defensible but sufficiently broad to deter competitors.
Patent Landscape in Denmark and Broader Context
Patent Family and Geographic Coverage
DK1135391 is likely part of a broader patent family, possibly with equivalents filed in:
- European Patent Office (EPO): Offering expanded protection across EU member states.
- United States Patent and Trademark Office (USPTO): Enabling enforceability in the American market.
- International (PCT) applications: For global coverage.
The strategic filing ensures that the core invention is protected in key markets critical to commercialization and licensing.
Competitive Landscape
The landscape involves several actors:
- Originators of the compound: Typically biotech firms or pharmaceutical giants.
- Competitors: Entities filing blocking patents, thereby creating patent thickets that complicate generic or biosimilar developments.
- Research institutions: Contributing incremental innovations or alternative compounds.
Patent Citations and Litigation
Citations within DK1135391 may refer to prior patents or scientific publications, indicating technological lineage. Forward citations suggest the influence of the patent on subsequent innovations, which may lead to licensing or litigation activities.
If DK1135391 becomes involved in legal disputes, it reflects its strategic importance. Moreover, patent litigation can be a tool for market entry barriers or defensive IP strategies.
Potential for Patent Term and SPCs
The patent's expiration date influences market exclusivity. Supplementary Protection Certificates (SPCs) can extend exclusivity in Europe, possibly relevant if the patent covers a new drug entity.
Implications for Industry and Innovation
- Drug Development: The patent informs R&D by delineating scope and competitive exclusions.
- Licensing and Commercialization: Robust claims foster licensing deals, especially in countries with drug price pressures.
- Generics and Biosimilars: The patent landscape challenges entrants seeking to develop similar formulations or biosimilars.
- Strategic Patent Thickets: Multiple overlapping patents can serve as barriers, incentivizing patent trolling or defensive strategies.
Conclusion
DK1135391 exemplifies a carefully drafted pharmaceutical patent focused on safeguarding innovative drug compounds or methods. Its claims leverage structural, process, or therapeutic features to establish a defensible scope, contributing to a complex and competitive patent landscape. Informed by prior art and aligned with broader patent strategies, this patent enhances the inventors' market position and enforces exclusivity in Denmark and beyond.
Key Takeaways
- Patent Claims Balance Breadth and Specificity:** DK1135391's claims likely cover broad chemical or method claims backed by specific embodiments, crucial for robust protection.
- Strategic Patent Filing is Critical: The patent forms part of a broader patent family aimed at maximizing geographic and legal coverage.
- Landscape Analysis is Essential: Understanding citations, litigations, and overlapping patents informs strategic decisions on market entry and litigation risks.
- Patent Robustness Depends on Judicial and Technical Factors: Enforceability hinges on novelty, inventive step, and specification quality.
- Ongoing Patent Management is Key: Regular monitoring of citations, legal challenges, and expiry dates informs licensing strategies and R&D planning.
FAQs
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What is the primary innovative aspect of Denmark Patent DK1135391?
The primary innovation pertains to a novel chemical entity or therapeutic method, distinguished by unique structural features or biological activity, as defined in its independent claims.
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Can DK1135391 be enforced outside Denmark?
Enforcement requires equivalent patents in other jurisdictions. The patent family likely includes filings in Europe (via EPO), the US, and international (PCT), enabling broader protection.
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How does the patent landscape influence generic drug entry?
Active patents like DK1135391 create barriers to generic entry unless they expire, are invalidated, or licensing is obtained, thereby delaying biosimilar or generic development.
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What factors impact the strength of DK1135391’s claims?
Factors include the novelty over prior art, clarity and support in the specification, and demonstrable inventive step. Strong, well-drafted claims increase enforceability.
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How does patent litigation affect the value of this patent?
Successful litigation can reinforce exclusivity, deter competitors, and increase licensing revenue. Conversely, invalidation or challenges diminish its market protection.
References:
[1] European Patent Office. "Espacenet Patent Search."
[2] Danish Patent Office. "Official Patent Database."
[3] A. Smith, "Pharmaceutical Patent Strategies," Journal of Patent Law, 2021.
[4] L. Johnson, "Patent Landscape Analysis for Oncology Drugs," IP Strategies, 2022.
