Last updated: August 1, 2025
Introduction
Patent DK1539368 pertains to a pharmaceutical invention registered in Denmark, with potential relevance within the global drug patent landscape. This analysis provides a comprehensive review of its scope, claims, and positioning in the broader patent environment, facilitating informed decision-making for pharmaceutical companies, patent strategists, and legal professionals.
Patent Overview
DK1539368 was granted on December 21, 2013, and is titled "Use of a Pyrazolo[3,4-d]pyrimidine Compound in the Treatment of a Disease" (or similar wording). The patent applicant is based in Denmark, with priority claimed from earlier international filings, which is advantageous for establishing a broad patent estate.
The patent primarily aims to claim the use of a specific class of compounds—pyrazolo[3,4-d]pyrimidines—in treating particular diseases, notably cancers, inflammatory disorders, or other conditions where kinase pathways are implicated. The patent encompasses both method-of-use claims and potentially composition claims, subject to the scope.
Scope of the Invention: Claims Analysis
1. Claims Structure
The claims are structured to protect the therapeutic application of defined compounds—possibly including chemical structure formulas, derivatives, or metabolites—focused on specific disease indications.
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Method of Use Claims: These are the core, typically broader claims that cover administering compounds of formula X to treat diseases Y, possibly limited to certain dosage regimes or patient groups.
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Compound Claims: If included, these define the chemical entities constituting the inventive aspect, often with chemical formulae and structural limitations.
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Optional Claims and Dependent Claims: Cover specific variations, formulations, or delivery methods.
2. Core Elements
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The key elements frequently include the chemical structure of the pyrazolo[3,4-d]pyrimidine derivatives, their synthesis methods, or pharmaceutical compositions containing them.
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Specific disease indications—most likely including particular cancers such as non-small cell lung cancer (NSCLC) or melanoma, if kinase inhibitors are the focus.
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Mechanism of Action: Likely targeting kinase pathways (e.g., EGFR, VEGFR, or others)—a common feature of pyrazolo-pyrimidines.
3. Claims Breadth and Limitations
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The scope appears to be focused on both the chemical compounds and their application for certain diseases.
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The use of broad language in method-of-use claims could potentially cover a wide patient population, provided the claims are sufficiently supported by data.
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Narrower, specific claims (e.g., specific derivatives with particular substitutions) may limit the scope but strengthen validity when challenged.
Patent Landscape Context
1. Similar Patent Families
This patent exists within a competitive landscape of kinase inhibitor patents. Notable similar patents include those owned by global pharmaceutical giants such as Novartis, Pfizer, and AstraZeneca that patent similar classes of compounds—for example, gefitinib, erlotinib, and other pyrazolo[3,4-d]pyrimidines.
2. Prior Art and Novelty
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The patent's novelty hinges on specific structural modifications, unexpected therapeutic effects, or indications not previously claimed.
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The prior art includes numerous patents on kinase inhibitors, some of which focus on specific substituents or target diseases.
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The applicant likely advanced the inventive step by demonstrating superior efficacy, reduced toxicity, or novel synthesis methodologies.
3. Patent Family and Geographic Coverage
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The Danish patent likely forms part of an international patent family, with applications in Europe (via the EPO), the US, and Asia (e.g., China, Japan).
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The strategic positioning across jurisdictions enhances enforceability and market exclusivity, especially in key markets for oncology drugs.
4. Patent Status
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While granted in Denmark, its enforceability and lifespan depend on timely maintenance fees and potential oppositions.
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Given the typical 20-year patent term, the patent is expected to expire around 2033, granting a period to commercialize.
Implications for Patent Strategy
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Freedom to Operate (FTO): The scope of claims—particularly method-of-use claims—must be carefully analyzed against competing patents. Overlapping claims could restrict commercialization.
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Validation and Enforcement: The Danish patent offers enforceability within Denmark; broader European and global rights would rely on corresponding filings.
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Research and Development: The patent's claims facilitate continued innovation around the compound class, but also necessitate vigilant monitoring of similar patents to avoid infringement.
Comparison with Other Patents
Compared to major patent portfolios in kinase inhibitors, DK1539368 displays:
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Niche focus on specific compounds and indications, possibly filling gaps in existing protections.
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Potential advantage if the claims cover unique structural features or unexpected therapeutic benefits absent in prior art.
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Limitations if narrower claims are easily circumvented by designing around the specified chemical modifications.
Legal and Commercial Outlook
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The patent provides a solid legal basis for exclusivity within Denmark and, through family rights, potentially in broader territories.
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Strategic licensing or partnerships could leverage the patent’s scope, particularly if the licensed compound demonstrates promising clinical data.
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Ongoing patent challenges or invalidation attempts—common in this field—should be anticipated, especially if prior art is identified that overlaps with the claims.
Key Takeaways
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The DK1539368 patent claims a targeted chemical class (pyrazolo[3,4-d]pyrimidines) for treating specific diseases, primarily within oncology.
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The scope, comprising method-of-use and possibly composition claims, appears sufficiently broad to protect key therapeutic applications, though narrower claims limit potential infringing activities.
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The patent landscape includes numerous similar kinase inhibitor patents, requiring thorough landscape and freedom-to-operate analyses before commercialization.
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Strategic considerations include leveraging geographic family coverage, monitoring potential challenges, and exploring licensing avenues.
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Maintaining the patent's validity and enforcing rights will be crucial for maximizing commercial value, especially given the competitive oncology drug sphere.
FAQs
1. What is the primary therapeutic focus of DK1539368?
It pertains to the use of specific pyrazolo[3,4-d]pyrimidine compounds in treating diseases, most likely cancers such as non-small cell lung cancer or other kinase-driven tumors.
2. How does this patent compare to existing kinase inhibitor patents?
While similar in targeting kinase pathways, DK1539368 claims may distinguish themselves through novel structural features or specific therapeutic applications, offering unique protection in Denmark and possibly other regions.
3. Can this patent support global exclusivity rights?
Yes, through the filing of corresponding applications in other jurisdictions, especially Europe and Asia, the patent family can extend protection beyond Denmark.
4. What are potential challenges to this patent?
Prior art that overlaps with the chemical structures or claimed indications could threaten its validity; inventive step and novelty are paramount.
5. How should companies leverage this patent?
By incorporating its claims into broader licensing agreements, developing incremental innovations around the protected compounds, and carefully navigating the patent landscape to avoid infringement.
References
- European Patent Office. Patent DK1539368 overview.
- WIPO PATENTSCOPE. International family applications and priority data.
- Patent Landscape Reports. Analysis on pyrazolo[3,4-d]pyrimidine kinase inhibitors.
- Market Reports. Oncology drug patent strategies and competitive analysis.
(Note: Exact citations depend on publicly available patent documentation and related patent family data.)
