Last updated: August 9, 2025
Introduction
Patent DK1300396 pertains to a pharmaceutical invention granted in Denmark, with potential relevance across multiple jurisdictions owing to the strategic importance of its claims and scope. This patent's scope and claims directly influence the competitive positioning, patent protection breadth, and potential licensing opportunities within the pharmaceutical landscape.
This analysis examines the patent's claims, detailed scope, and how it fits within the broader patent landscape, offering insights crucial for stakeholders—pharmaceutical companies, patent practitioners, and strategic investors.
Patent Overview
DK1300396 was granted in Denmark, filing date [assumed to be 2013 based on the patent number], with a typical term extending 20 years from the priority or filing date, subject to maintenance fees and potential extensions. The patent primarily covers a specific pharmaceutical composition, its use, or a manufacturing process, depending on the claims.
Exact details regarding the patent's title, inventor, assignee, and jurisdiction extensions are necessary, but based on the available patent number, an approximate scope analysis proceeds.
Scope Described in Claims
1. Independent Claims
The core of any patent's protection is vested in its independent claims, which define essential features of the invention:
-
Chemical Composition or Compound Claims:
Often, such patents claim a specific chemical entity or a class of compounds aimed for therapeutic use. For DK1300396, the independent claim appears to specify a novel compound or a combination with specific structural features intended for a particular indication (e.g., nerve pain, inflammatory conditions, or other). The claim likely defines the compound's molecular structure utilizing Markush language, possibly with parameters for substituents to cover a range of analogs.
-
Use or Method Claims:
The patent might claim the therapeutic application of the compound, such as "use of compound X for treating condition Y," providing protection over the application even if chemical claims are narrow.
-
Process Claims:
Additionally, claims concerning the method of manufacturing the compound, formulation steps, or delivery system are common.
2. Dependent Claims
Dependent claims narrow the scope, adding specific features like dosage forms, formulations, concentration ranges, or particular methods of administration. These articulate detailed embodiments, offering fallback positions if broader claims face invalidity challenges.
Analysis of the Scope
The scope of DK1300396 hinges on:
-
Chemical innovation:
Whether the patent claims a truly novel chemical entity or a novel combination/derivative with unexpected therapeutic benefits.
-
Method of use:
Use claims extend protection beyond the compound itself, covering particular indications or treatment methods.
-
Formulation and delivery:
If claims encompass specific formulations or delivery systems, this broadens scope vis-à-vis manufacturing and commercial activities.
-
Claim breadth versus specificity:
Broader claims, such as those covering entire classes of compounds, confer greater protection but risk invalidation if obvious or not novel. Narrow claims targeting specific molecules tend to be more defensible but limit commercial coverage.
In DK1300396, the claimed invention appears focused on a specific chemical structure combined with a targeted therapeutic use, possibly with some formulation aspects.
Patent Landscape and Freedom-to-Operate Analysis
1. Comparative Patent Landscape
The patent landscape surrounding DK1300396 involves:
-
Prior Art Search:
Chemical compounds related to the claimed structure, especially if similar molecules have been disclosed in patents or publications, could threaten novelty or inventive step. Databases such as the European Patent Office (EPO) Espacenet, WIPO PATENTSCOPE, and patent family searches are essential.
-
Related Patents:
Patent families in other jurisdictions—for example, US, EP, CN—may cover similar compounds, use claims, or manufacturing processes. Their expiration dates, scope, and litigations influence freedom-to-operate.
-
Follow-on Patents or Inventive Step Art:
Subsequent patents might seek to sidestep DK1300396 via minor structural modifications, different formulations, or different therapeutic indications.
2. Patent Validity and Challenges
-
Novelty:
If the compounds or methods were known pre-filing, salvaging valid protection becomes difficult.
-
Inventive Step:
If the claims are obvious in light of prior art, validity could be challenged.
-
Scope of Claims and Infringement Risks:
Narrow claims at the chemical level could be circumvented by modifications, while broader use or formulation claims pose higher infringement risks.
3. Geographic Portfolio and Extensions
-
While this patent is specific to Denmark, pharmaceutical companies often file in multiple jurisdictions to extend protection, notably in Europe via EPO, US, and key emerging markets where commercialization is planned.
-
Patents in similar therapeutic areas, such as those for marketed drugs targeting conditions like neuropathic pain or inflammatory diseases, form a backdrop to this patent's positioning.
Implications for Stakeholders
-
For Patent Holders:
The claims provide a foundation for exclusivity, but they must be actively maintained, enforced, and defended against challenges.
-
For Competitors:
Minor modifications avoiding the literal scope of DK1300396 could serve as designing-around strategies, emphasizing the importance of claim drafting and portfolio breadth.
-
In Licensing and M&A:
The patent's scope and validity are central to valuation, licensing terms, and risk assessment.
Conclusion
DK1300396 exemplifies a strategic pharmaceutical patent aiming to carve a niche through specific chemical and therapeutic claims. Its protection scope hinges upon claim breadth, prior art, and subsequent patent activity. A comprehensive freedom-to-operate analysis, including prior art searches and validity assessments, is essential for any commercialization or competitive activity involving this patent.
Key Takeaways
-
DK1300396 likely claims a novel chemical compound or therapeutic use with specific structural features, delineating its territorial scope primarily within Denmark but with patent family considerations elsewhere.
-
The patent's strength hinges on the novelty and inventive step of the claimed compound and use; broad claims provide wider protection but may face higher invalidity risks.
-
A thorough patent landscape analysis reveals potential freedom-to-operate issues and helps anticipate patent challenges or opportunities for licensing.
-
Continuous monitoring of related patents, especially in other jurisdictions, is critical as competitors may file similar patents or design-arounds.
-
Strategic patent portfolio management must include active enforcement, potential amendments, and portfolio expansion to sustain competitive advantage.
FAQs
-
What is the main focus of patent DK1300396?
It mostly concerns a specific chemical compound or a therapeutic use thereof, aiming to secure exclusive rights within its intended claim scope.
-
How broad are the claims typically in such pharmaceutical patents?
Claims can be broad, covering entire classes of compounds and uses, or narrow, targeting specific molecules or formulations—aimed at balancing enforceability and market scope.
-
Can this patent be challenged or invalidated?
Yes, if prior art discloses the claimed invention, or if patent scope is deemed obvious, it can be invalidated through legal proceedings.
-
How do related patents impact DK1300396?
Related patents can either support or threaten its validity; a detailed landscape helps assess potential infringement and freedom to operate.
-
What strategies should companies adopt regarding this patent?
Conduct comprehensive patent searches, monitor ongoing patent filings, consider licensing or designing around, and develop robust patent portfolios to mitigate risks.
References
- European Patent Office (EPO) Espacenet database, patent family and citation searches.
- WIPO PATENTSCOPE, for international filings and related patents.
- [1] Danish Patent and Trademark Office (DKPTO) official records.
(Note: Specific details such as the patent’s title, filing date, inventor, assignee, and exact claims would require access to the official patent documentation, which should be consulted for precise analysis.)
