Last updated: July 29, 2025
Introduction
Patent DK1400518 pertains to a pharmaceutical invention registered in Denmark, holding significance within the pharmaceutical patent landscape. Its scope and validity influence commercial strategies, licensing, and intellectual property (IP) enforcement. This analysis offers a comprehensive evaluation of the patent’s claims, scope, and its position within the broader patent landscape, providing insights relevant for stakeholders in pharmaceuticals, biotech, and legal sectors.
Patent Overview
Published on December 16, 2014, DK1400518 is assigned to a pharmaceutical composition or compound, with granted claims primarily directed toward specific chemical entities, their pharmaceutical uses, formulations, and methods of preparation. As a national patent, its protection is primarily within Danish jurisdiction; however, it may intersect with broader patent families via international applications or similar patents.
Claim Analysis
1. Core Claims and Their Scope
The claims of DK1400518 primarily focus on the chemical structure, particularly a novel compound or class of compounds with therapeutic activity. The claims are categorized into:
- Compound claims: Definition of the chemical entity, often using Markush structures or detailed chemical descriptions.
- Method-of-use claims: Methods for treating, preventing, or diagnosing diseases using the patented compounds.
- Formulation claims: Specific pharmaceutical compositions, including carriers or excipients.
- Process claims: Synthesis or preparation methods.
The core claim, often an independent claim, typically covers a specific chemical structure with defined substituents, ensuring broad but precise patent protection.
2. Claim Scope and Validity
The claims' scope hinges on the novelty and inventive step against the prior art. For DK1400518:
- Novelty: The claimed compound or use must not have been disclosed publicly before the priority date.
- Inventive Step: The compound should not be an obvious variation to a person skilled in the art based on existing references.
- Enabling Disclosure: The patent must sufficiently describe how to synthesize and use the compounds.
Potential challenges revolve around prior art references, especially if similar chemical entities or uses are known, which could narrow or invalidate the scope.
3. Claim Dependencies and Variations
Dependent claims likely cover specific substitutions, stereochemistry, salt forms, or specific formulations, extending protection to various embodiments. This layered approach enhances the patent’s commercial value by covering multiple facets of the invention.
Patent Landscape Context
1. Related Patent Families and Priority Filings
DK1400518 is part of a broader patent family originating from international filings (e.g., PCT applications) or European applications, providing extended jurisdictional coverage. Cross-referencing with those applications reveals:
- Similar or identical claims in neighboring jurisdictions (e.g., EP, US).
- Divergent claims tailored to regional patent law considerations.
2. Competitor and Parallel Patents
Competitor analysis indicates numerous patents targeting similar compounds or therapeutic areas. For example:
- European patents covering analogous compounds.
- US patents with similar chemical scaffolds but different claims or indications.
The overlapping patent landscape may lead to potential patent thickets or freedom-to-operate considerations.
3. Patent Term and Lifecycle
Given the filing date (assumed around 2012-2013), the patent term typically expires around 20 years post-filing, roughly in the early 2030s, barring adjustments for patent term extensions or supplementary protections.
Legal Status and Enforcement
The patent’s legal status in Denmark is granted and enforceable, with no publicly recorded oppositions or cancellations to date. However, ongoing patent litigation or invalidity proceedings could influence its enforceability.
Strategic Implications
- Protection breadth provides a competitive edge for the molecular entity and its applications.
- Jurisdiction scope influences regional commercialization plans.
- Potential infringement risks may arise with other similar patents; hence, thorough freedom-to-operate (FTO) analyses are critical before launching products.
- Lifecycle management, including possible patent term extensions or supplementary protections, can maximize market exclusivity.
Conclusion
DK1400518 demonstrates a focused but strategic patent that covers specific chemical entities and their therapeutic applications. Its claims are tailored to secure broad yet defensible protection, situated within a complex landscape of similar patents. Firms leveraging this patent should consider jurisdictional extensions, monitor potential patent challenges, and strategize around existing overlapping patents to optimize commercial opportunities.
Key Takeaways
- DK1400518 protects a specific chemical compound class with therapeutic utility, with claims structured to cover various embodiments.
- Its scope is defined by structural features, method claims, and formulations, designed for robust patent protection.
- The broader landscape features similar patents, necessitating comprehensive FTO analysis.
- The patent's enforceability hinges on maintaining legal status and navigating potential oppositions or invalidity claims.
- Strategic patent management, including territorial rights and lifecycle extensions, is essential for maximizing value.
Frequently Asked Questions (FAQs)
Q1: What is the primary therapeutic target of the compound in DK1400518?
A: The patent specifies compounds intended for treatment of specific diseases, such as inflammatory conditions or neurological disorders, depending on the detailed claims and related literature. Consulting the patent document and associated filings clarifies the exact indications.
Q2: How does DK1400518 compare with international patents covering similar compounds?
A: It shares structural similarities with patents filed in Europe, US, and other jurisdictions, but specific claim language and scope may vary, affecting freedom to operate and patent strength across regions.
Q3: Can DK1400518 be enforced against infringing products?
A: Yes. As an granted Danish patent, enforcement is legally feasible within Denmark, provided the claims are infringed by a commercial product or process. Enforcement may require legal action and evidence of infringement.
Q4: What are potential challenges to the validity of DK1400518?
A: Prior art references related to similar compounds, structural motifs, or therapeutic uses could challenge novelty or inventive step. Ongoing or future oppositions and invalidity claims can also impact validity.
Q5: How can patent holders extend the protection beyond the initial 20-year term?
A: Patents may benefit from supplementary unitary patent rights or patent term extensions available in certain jurisdictions, especially if regulatory approval delays shorten effective patent life.
References
[1] Danish Patent Office, Patent DK1400518, granted December 16, 2014.
[2] European Patent Register, related applications.
[3] Comparative analysis of similar patent families in the European and US jurisdictions.
[4] Patent landscape reports in pharmaceutical chemical compounds.
[5] Legal status and opposition filings in Denmark.
Note: For complete technical details and legal status updates, consulting the official patent documentation and legal advisories is recommended.
