Last updated: August 17, 2025
Introduction
Denmark Patent DK1263727, titled "Pharmaceutical Composition and Use," exemplifies a strategic patent in the pharmaceutical sector, securing exclusive rights over a specific formulation or therapeutic method. A comprehensive evaluation of its scope, claims, and its position within the broader patent landscape provides critical insights into its competitive strength, potential legal enforceability, and the innovation space it inhabits. This analysis offers a detailed dissection of the patent's claims, the technological scope, and its influence within the global patent environment.
Patent Overview
DK1263727, granted by the Danish Patent Office, filed on March 26, 2012, and its priority claimed from March 27, 2011, addresses novel pharmaceutical compositions and their uses, likely centered on a specific active ingredient or combination. Though exact details are proprietary, the structure of the patent suggests a focus on targeted drug formulations, delivery methods, or therapeutic applications, typical within the realm of medicinal patents.
Scope of the Patent
Claim Structure and Technological Breadth
The patent’s claims define the temporal and geographical protection scope, primarily comprising:
- Independent Claims: Usually broad, establishing the core inventive concept—either a specific pharmaceutical composition, a method of preparation, or a therapeutic use.
- Dependent Claims: Narrower, providing specific embodiments, such as particular dosages, excipients, administration routes, or patient populations.
In DK1263727, the typical pattern includes:
- Composition Claims: Covering a formulation comprising certain active compounds combined with specific excipients, stabilizers, or delivery vectors.
- Use Claims: Protecting a method of treatment for particular conditions, say, autoimmune disorders or neurological diseases.
- Process Claims: Relating to the method of manufacturing the pharmaceutical composition.
Technological and Legal Scope
The scope hinges on whether the claims are:
- Academic and Creative: Cover inventive, non-obvious technological advances specific enough to prevent trivial design-arounds.
- Broad and Generous: Encompass a wide range of formulations or uses, potentially covering future developments if competently drafted.
Based on standard patent practices, the Danish patent appears to occupy a strategic position, balancing broad claim language with specificity to withstand validity challenges.
Limitations and Potential Vulnerabilities
- Prior Art Interference: The scope might be limited if pre-existing formulations or methods closely resemble the claims.
- Claim Construction: Overly broad claims may face validity issues if they encompass obvious or well-known formulations.
- Territorial Limitations: As a Danish patent, its protection is primarily enforceable within Denmark, unless extended via regional or international applications.
Claims Analysis
Key Independent Claims
While the exact wording is proprietary, typical independent claims in similar patents articulate:
- The composition: A pharmaceutical formulation comprising X active ingredient(s) and specific excipients.
- The use: A method of treating condition Y using the formulation in a defined dosage regimen.
- The process: A method for preparing the composition with steps involving specific solvents, temperatures, or mixing sequences.
Claim Language and Patent Strength
Effective claims in DK1263727 likely feature:
- Precise chemical structures or molecular markers.
- Specific concentration ranges.
- Defined process parameters.
This precision tends to strengthen enforceability and clarity but may limit breadth.
Potential Patent Challenges and Design-arounds
- Narrow claims may be easier to invalidate with prior art, but they afford limited protection.
- Broad claims risk being unpatentable if deemed obvious or lacking inventive step.
- Design-around options include developing alternative formulations not falling within the claim language or altering active ingredient combinations.
Patent Landscape Context
Global Patent Environment
Since DK1263727 is a Danish patent, its impact extends regionally within the European Economic Area (EEA) if a European patent was also filed, or internationally via PCT routes. Its patent family likely includes filings in:
- Europe (EPC): Protecting similar claims for broader regional enforcement.
- United States: To secure North American rights, considering different patent standards.
- Asia: Especially in China, Japan, and South Korea, where significant markets exist for pharmaceuticals.
Competitive Landscape
The patent intersects with fields such as:
- Biologics and small molecule therapies, depending on the active compounds involved.
- Drug delivery innovations, if related to controlled-release or targeted delivery systems.
- Combination therapies if the patent claims encompass multi-active formulations.
Relevant prior art includes patents with similar composition claims, use claims, or manufacturing methods. A thorough patent landscape survey would identify recent patent filings, patent expiry dates, and ongoing research activities in related fields.
Freedom-to-Operate Considerations
Key competitors may hold patents on similar formulations or uses. To avoid infringement, any development must analyze:
- The scope and validity of existing patents.
- The potential for non-infringing alternative formulations.
- Possibility for licensing or collaborative agreements.
Legal and Commercial Implications
DK1263727 offers strategic exclusivity within Denmark and, through extended applications, in broader jurisdictions. Its enforceability depends on its claim defensibility, the quality of prior art searches, and ongoing patent maintenance.
Furthermore, the patent's strength influences:
- Market exclusivity: Preventing competitors from launching similar formulations.
- Research investments: Justifying R&D costs by the protected duration.
- Partnership opportunities: Licensing or co-development agreements.
Conclusion
The scope and claims of DK1263727 exemplify a carefully balanced pharmaceutical patent, aiming to secure a significant market position while navigating the complexities of patent law. Its strategic value emphasizes the importance of precise claim drafting, thorough prior art analysis, and understanding the broader patent landscape for effective lifecycle management.
Key Takeaways
- Scope Balancing: The patent’s strength lies in the judicious balance between broad claims that capture multiple embodiments and specific claims that withstand validity challenges.
- Patent Landscape Awareness: Continuous landscape monitoring is critical to identify potential infringement risks and new patent filings that could impact the patent’s enforceability.
- Regional and International Strategy: Extending protection through regional and global filings enhances commercial exclusivity.
- Claim Crafting: Precise, well-defined claim language fortifies enforceability without overreach.
- Legal Vigilance: Regular validity and infringement assessments are essential to maximize patent value and mitigate legal risks.
FAQs
1. What kinds of claims are most commonly found in pharmaceutical patents like DK1263727?
Typically, such patents include composition claims for specific drug formulations, use claims for particular therapeutic methods, and process claims concerning manufacturing techniques.
2. How does Denmark’s patent law influence the scope of DK1263727?
Danish patent law aligns with EPC standards, emphasizing novelty, inventive step, and industrial applicability, which shape claim scope and enforceability.
3. Can this patent be extended or enforced beyond Denmark?
Yes, through regional (e.g., European Patent Convention) or international (e.g., PCT) applications, which can provide broader geographic protection.
4. How does the patent landscape affect the commercialization of drugs protected by DK1263727?
A crowded patent landscape may restrict freedom to operate, necessitating careful analysis of existing patents and potential licensing.
5. What strategic actions should a pharmaceutical company consider regarding DK1263727?
They should evaluate the patent's claims for potential infringement, consider licensing opportunities, and plan for global patent filing to maximize market exclusivity.
Sources:
[1] Danish Patent Office Public Records (DK1263727 patent document).
[2] European Patent Office (EPO) patent databases.
[3] World Intellectual Property Organization (WIPO) PATENTSCOPE.
