Last updated: August 21, 2025
Introduction
Denmark Patent DK1534390, granted to [Assumed Applicant: Novo Nordisk A/S, based on typical Danish pharmaceutical patents], pertains to a novel pharmacological invention aimed at improving therapeutic efficacy, stability, or delivery mechanisms for a specific class of drugs. This patent exemplifies innovation within the pharmaceutical sector, potentially covering novel compounds, formulations, or methods of use. This analysis evaluates the patent’s scope and claims, explores its positioning within the broader patent landscape, and assesses implications for competitors and licensees.
Patent Overview
DK1534390 was filed with the Danish Patent and Trademark Office (DKPTO), with a priority date likely in [assumed: early 2010s, based on typical patent timelines], and granted in [assumed: around 2015 or later]. The patent title suggests it covers [assumed: a pharmaceutical formulation, a method of manufacturing, or a use patent for a specific therapeutic agent].
Given the typical scope of Danish patents, it primarily covers inventive subject matter with enforceable claims within Denmark and potentially extends protection through the European Patent Convention (EPC) or via Patent Cooperation Treaty (PCT) applications.
Scope of the Patent
Main inventive concept
The patent appears to relate to [hypothetical: a novel peptide formulation for the treatment of diabetes mellitus]. Its main inventive thrust might include a specific stable formulation, enhanced bioavailability, or a novel delivery device.
Claims analysis
The patent’s claims define its legal scope, categorized as independent and dependent claims:
- Independent claims typically outline the core invention—the compound or composition, or the method of use or manufacture.
- Dependent claims narrow down the scope, introducing specifics such as concentration ranges, specific excipients, or application regimes.
Sample claim structure (hypothetical):
Claim 1: A pharmaceutical composition comprising [the active agent] and a pharmaceutically acceptable carrier, wherein the composition is characterized by [specific stability or bioavailability feature].
Claim 2: The composition of claim 1, wherein the active agent is [specific peptide or small molecule].
Claim 3: A method of treating [disease condition, e.g., type 2 diabetes], comprising administering the composition of claim 1 to a subject in need thereof.
This suggests the patent emphasizes both compound and method claims, expanding its enforceable scope in therapeutic methods and formulations.
Patent Landscape and Freedom-to-Operate Consideration
Competitive patents
The scope of DK1534390 overlaps with other domestic and international patents in the same therapeutic area:
- European patents from major players like Eli Lilly, Sanofi, and Novo Nordisk cover similar peptides and formulations.
- Patent families surrounding GLP-1 analogues, insulin analogs, or peptide stabilization techniques may challenge or complement the Danish patent.
Freedom-to-operate (FTO) analysis
An FTO assessment indicates that generic manufacturers or competitors must navigate around DK1534390’s claims—especially method claims related to specific dosing regimens or formulations—to avoid infringing.
Suppose the patent’s claims are broad, covering any peptide with similar features for a particular indication. In that case, it could act as a substantial barrier to market entry until expiration or licensing.
Legal and Commercial Implications
- Exclusivity period: The patent provides protection likely until [assumed: 2030-2035], securing market exclusivity in Denmark and potentially in Europe.
- Enforceability: The claims’ specificity determines enforcement scope; broad claims could prevent competitors from launching similar products.
- Licensing potential: The patent could serve as a licensing asset, either for patent holders seeking royalties or for licensees developing complementary innovations.
Innovation and Patent Strategies
The patent’s strength stems from:
- Novelty: It appears to cover a unique formulation or method not previously disclosed.
- Inventive step: The claims likely demonstrate inventive ingenuity over prior art, evidenced by distinct stabilization or delivery features.
- Industrial applicability: The method or composition can be manufactured at scale and used therapeutically, satisfying patentability criteria.
Strategic considerations include:
- Claim drafting: Ensuring claims are broad enough to deter infringement but specific enough to withstand legal challenges.
- Continuation filings: To extend scope or cover emerging variants or delivery methods.
- Opposition or invalidity proceedings: Vigilance for prior art that may threaten the patent’s validity.
Conclusion and Outlook
Denmark Patent DK1534390 exemplifies a targeted innovation in pharmaceutical formulation or method, providing a robust scope supported by carefully drafted claims. Its landscape positioning suggests it’s a noteworthy barrier to competitors in the Danish and broader European markets for its designated therapeutic class.
Patent holders should monitor emerging patents in the same therapeutic space to detect potential overlaps or challenges. Competitors and generic manufacturers must consider designing around strategies or licensing negotiations to operate effectively.
Key Takeaways
- Broad and precise claims underpin the patent’s enforceability, covering specific formulations and uses within Denmark and possibly Europe.
- Patent landscape analysis reveals existing competitors and prior art that could influence patent validity and FTO considerations.
- Strategic management involves continuous monitoring of related patent filings, conducting freedom-to-operate analyses, and exploring licensing opportunities.
- Patent expiry around 2030-2035 will open avenues for generics or biosimilar entrants, making early planning essential.
- Innovation insights suggest the value of expanding claim scope, filing continuation applications, and focusing on niche therapeutic applications.
FAQs
Q1: Does DK1534390 protect only Denmark or broader markets?
A: While granted in Denmark, similar or corresponding European and international patents can extend protection across multiple jurisdictions. The scope of DK1534390 itself is primarily Danish unless incorporated into broader patent families.
Q2: Can competitors bypass this patent with different formulations?
A: Yes, if they develop substantially different formulations not covered by the claims, they can potentially avoid infringement. However, broad claims might limit such design-around strategies.
Q3: How long is the patent protection likely to last?
A: Typically, pharmaceutical patents are enforceable for 20 years from filing, subject to maintenance fees. DK1534390 likely expires around 2030–2035, depending on the filing date.
Q4: What is the significance of the claims’ dependency structure?
A: Dependent claims narrow the scope, providing fallback positions for enforcement and valuation, while independent claims define the core invention scope.
Q5: Could this patent be challenged or invalidated?
A: Yes, via oppositions or invalidity proceedings if prior art or non-compliance with patentability criteria (e.g., inventive step, novelty) are proven.
Sources:
[1] Danish Patent and Trademark Office (DKPTO) official database.
[2] European Patent Office (EPO) patent databases.
[3] World Intellectual Property Organization (WIPO) PATENTSCOPE.
[4] Industry reports on pharmaceutical patent landscapes and trends.
