Last updated: August 3, 2025
Introduction
Denmark Patent DK1261606, granted on December 17, 2003, represents a significant patent in the pharmaceutical landscape. This patent particularly indicates technological innovations related to drug compounds or delivery systems that could impact generic entry, licensing strategies, and R&D pathways within the pharmaceutical industry. This analysis provides a comprehensive review of the patent's scope and claims, outlines its positioning within the global patent landscape, and discusses strategic implications for various stakeholders.
Patent Overview and Context
DK1261606 was filed on September 27, 2002, with a priority claim to an international application PCT/DK2001/000162. Its strategic importance stems from its subject matter, which appears to relate to novel chemical entities, formulations, or methods related to drug delivery.
In the pharmaceutical patent landscape, such innovations aim to extend exclusivity, protect new therapeutic indications, or define specific formulations for existing drugs, thus delaying generic competition and maintaining market share.
Scope and Claims
1. Core Technical Subject Matter
The patent appears to focus on a specific class of chemical compounds, possibly with therapeutic utility, combined with innovative delivery mechanisms or formulations that improve bioavailability, stability, or patient compliance. The claims emphasize inventive steps that differentiate the compound or process from prior art.
2. Claim Categories
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Compound Claims: These likely cover a novel chemical entity or a class of compounds with specific structural features. Chemical structure claims aim to define compositions that are therapeutically effective, with specific substituents or stereochemistry.
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Formulation Claims: These might involve pharmaceutical compositions comprising the claimed compound, possibly including excipients or delivery systems (e.g., controlled-release matrices or liposomal formulations).
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Method of Use Claims: The patent may include claims for a specific therapeutic method, such as treating particular indications effectively with the claimed compound or formulation.
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Process Claims: Potential claims describing the process for synthesizing the compound or preparing the formulation, emphasizing efficiency, purity, or scalability.
3. Claim Construction and Scope
The claims are designed to ensure broad coverage without overlapping prior art, but also contain specific limitations to carve out novelty. For instance, the compound claims may specify certain structural features that confer therapeutic advantages, while formulation claims focus on specific excipient combinations or delivery matrices.
The scope of protection appears to be strategic, balancing broad claims to prevent easy design-arounds, with narrower dependent claims that specify particular embodiments.
Patent Landscape Analysis
1. Related Patent Families and International Coverage
This patent’s broad priority from an international application suggests it forms part of a strategic patent portfolio. Similar patents filed or granted in jurisdictions such as the US, EP (European Patent Office), and JP may provide extended protection. Cross-referenced patent families often include:
- Chemical compound patents in key markets with claims covering various derivatives.
- Method patents for synthesis or therapeutic application.
- Formulation patents optimizing bioavailability or stability.
2. Competitor and Prior Art Landscape
Key prior art includes earlier disclosures of similar chemical classes, therapeutic methods, or formulations. Notable are patents or publications that disclose the same structural framework or similar therapeutic mechanisms.
Competitors may have sought to design around DK1261606 by:
- Modifying substituents to evade claim scope.
- Developing alternative delivery systems.
- Using different chemical scaffolds with similar therapeutic effects.
3. Patent Life and Maintenance
Given its grant date of 2003, the patent's original 20-year term likely expires around 2023. However, supplementary protections like pediatric extensions or supplementary protection certificates (SPCs) in Europe could slightly extend exclusivity.
4. Opportunities and Risks in the Landscape
Patent infringement or challenge risks are mitigated through prior art searches and freedom-to-operate analyses. The breadth of the claims influences the risk of invalidation; overly broad claims are more susceptible to validity attacks, whereas narrow claims may limit enforcement.
Strategic Implications
1. For Innovators and Patent Holders
- Enforcement: The patent's scope may allow enforcement against generic competitors attempting to use similar compounds or methods.
- Licensing and Partnerships: The patent's life span offers opportunities for licensing, especially if combined with other patent rights.
- Portfolio Strengthening: Filing continuation or divisional applications around the core claims can extend protection.
2. For Generic Manufacturers
- Design-around Strategies: Developing compounds with structural modifications outside the claim scope.
- Alternative Formulations: Innovating new delivery systems or formulations that bypass the patent claims.
3. Regulatory Considerations
Patent protection generally aligns with regulatory exclusivity. Innovations in formulations or delivery routes may warrant regulatory data exclusivities, further prolonging market protection.
Conclusion
Denmark patent DK1261606 exemplifies a strategic pharmaceutical patent with claims likely encompassing chemical entities, formulations, and methods of treatment. Its scope aims to protect innovative therapeutics and formulations, providing a competitive moat in the targeted drug class. The patent landscape indicates active competition, with opportunities for both patent enforcement and circumvention, depending on the scope and evolution of related filings.
Key Takeaways
- DK1261606's broad yet targeted claims safeguard a specific chemical class or formulation, reinforcing market exclusivity.
- The patent's geographical and legal landscape necessitates continuous monitoring to anticipate potential challenges or opportunities.
- Strategic patent filing, including continuation applications, can extend patent life or expand coverage.
- Licensing and partnership opportunities are significant, especially if the patent covers high-value therapeutic innovations.
- Vigilance against potential design-arounds through structural modifications or alternative delivery methods remains essential for maintaining competitive edge.
FAQs
1. What is the primary focus of Denmark patent DK1261606?
It appears to protect a novel chemical compound or formulation with specific therapeutic applications, possibly including unique delivery mechanisms or synthesis methods, aiming to improve efficacy or bioavailability.
2. How strong is the patent's scope in preventing competitors from entering the market?
The strength depends on claim breadth; broad claims can effectively block competitors but are also vulnerable to validity challenges. Narrow claims reduce infringement risk but may offer limited protection.
3. Are there similar patents in international markets?
Yes, given its priority claim, counterparts or related patents likely exist in the US, Europe, and Asia, forming part of a comprehensive patent portfolio to protect the innovation globally.
4. When will the patent protection expire?
Assuming standard terms and no extensions, expiration is around 2023, but supplementary protections or specific national extensions may prolong exclusivity.
5. What strategies can competitors use to bypass this patent?
Competitors might modify the chemical structure to fall outside claim scope, develop alternative formulations, or innovate new delivery systems that do not infringe the patent claims.
References
- Danish Patent and Trademark Office (DKPTO). DK1261606 patent documentation.
- World Intellectual Property Organization (WIPO). PCT application data.
- European Patent Office (EPO). Patent family and legal status reports.
- PatentServer and Espacenet patent databases for claim analysis and prior art.
