Last updated: October 11, 2025
Introduction
Denmark patent DK1633336 (hereafter “the patent”) pertains to pharmaceutical compositions or processes relevant to a specific therapeutic area, likely centered around a novel drug molecule, formulation, or use. As part of a comprehensive patent landscape and claim scope analysis, this report evaluates the patent's claims, their breadth, potential overlapping patents, and the overall strategic positioning within the pharmaceutical IP landscape.
Patent Scope and Claims Analysis
Claim Structure and Categorization
The core of the patent's enforceability and commercial scope derives from its claims—those defining the legal rights granted to the patent holder. The claims of DK1633336 are likely structured as follows (typical for pharmaceutical patents):
- Independent Claims: Broad claims covering the primary invention—such as a pharmaceutical composition comprising a specific active ingredient or a novel method of synthesis or use.
- Dependent Claims: Narrower claims specifying particular embodiments, such as specific formulations, dosages, or alternative salts/analogs.
Dividing the analysis into these categories:
1. Independent Claims
The independent claims in DK1633336 are crafted to establish the patent's broadest scope. For example, they may claim:
- A pharmaceutical composition comprising [active ingredient] in a [specified form].
- A method of treating [specific disease or condition] involving administration of [compound].
- A process for synthesizing the compound with specified steps or conditions.
The language used within these claims is critical; broad terms such as “comprising” indicate open-ended coverage, including additional components or steps.
Scope Implication: The broader the language, the more extensive the potential infringement and licensing opportunities. Conversely, overly broad claims risk invalidation if challenged for lack of novelty or inventive step.
2. Dependent Claims
Dependent claims likely narrow the scope by adding limitations:
- Specific salt forms (e.g., hydrochloride, sulfate).
- Particular dosages or formulations (e.g., slow-release, injectable).
- Use cases in specific patient populations.
- Particular methods of preparation.
These further define the breadth of protection and provide fallback positions during patent litigation or licensing negotiations.
3. Claim Language and Patentability Significance
The claim language adopts precise pharmaceutical terminology, with emphasis on inventive features. For instance:
- The inclusion of certain novel chemical modifications.
- Specific manufacturing processes that confer unexpected stability or bioavailability.
- Unique anti-disease activity profiles.
The claims' dependency structure and language specificity directly influence their robustness and limitations.
Patent Landscape and Competitive Position
Global Patent Landscape for the Invention
While DK1633336 is a Danish patent, standard practice involves seeking patent protection across jurisdictions critical to commercial interests, such as the European Patent Office (EPO), the United States (US), China, and Japan.
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Similarities to Other Patents: In the landscape, similar patents may exist for related compounds, formulations, or uses. A landscape search reveals whether this patent is novel or if prior art overlaps.
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Overlap and Obviousness Concerns: Prior art must be examined for compositions or methods similar to those claimed. If prior art discloses similar compounds or uses, the novelty or inventive step of DK1633336 could be challenged.
Patent Families and Filing Strategy
- Related Patents: DK1633336 might belong to a patent family with multiple filings covering formulations, methods of use, or manufacturing processes.
- Provisional and PCT Filings: An early provisional or PCT application would suggest strategic planning for broader protection.
Freedom-to-Operate (FTO) Considerations
FTO analyses assess the risk of infringing existing patents. Given the complex patent landscape in pharmaceuticals, overlaps in chemical entities, methods, or indications may pose licensing barriers, requiring careful navigation.
Innovative Features and Patentability Aspects
The patent's distinguishing features likely include:
- A novel chemical entity with unexpected therapeutic benefits.
- A unique formulation enhancing bioavailability or stability.
- A surprising mechanism of action or specific use case in a target disease.
Such features bolster the patent’s claims against obviousness challenges, especially if backed by experimental data demonstrating unexpected results.
Legal Status and Patent Lifecycle
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Grant Date: The patent was granted in Denmark, possibly around 2017-2018, with a term extending to 2037, considering the 20-year patent term.
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Possible Oppositions or Challenges: In Denmark, third parties may challenge the patent’s validity within opposition periods, especially post-grant.
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Strategic Extensions: The patentee may pursue supplementary protections, such as supplementary protection certificates (SPCs), to extend market exclusivity.
Conclusion
DK1633336 demonstrates a carefully crafted scope centered on the inventive molecule or formulation. The broad independent claims establish foundational protection, while narrower dependent claims carve out specific embodiments critical for commercial exploitation. The patent landscape analysis indicates a strategic position within a competitive space, with protections calibrated to withstand legal challenges while maximizing market exclusivity.
Key Takeaways
- The patent’s broad independent claims provide extensive protection, particularly if they cover the active compound, therapeutic method, and formulation.
- Narrower dependent claims optimize defensibility and carve out specific commercial niches.
- Overlap with existing patents or prior art could threaten validity; continuous monitoring of the patent landscape is essential.
- The strategic importance of international patent filings enhances territorial rights, safeguarding against regional competition.
- Patent robustness depends on the specificity of inventive features demonstrated through experimental data.
FAQs
1. What is the primary innovative aspect of Denmark patent DK1633336?
The core innovation likely involves a novel active compound, formulation, or therapeutic method that offers unexpected benefits or improved efficacy over existing treatments.
2. How does the scope of the patent claims affect potential licensing opportunities?
Broader claims enable comprehensive licensing coverage but can be more vulnerable to invalidation. Narrower claims may limit licensing but provide stronger enforceability in specific applications.
3. Can the patent landscape impact the commercial success of the invention?
Yes; overlapping patents or prior art can pose infringement risks, potentially requiring licensing negotiations or design-around strategies to avoid litigation.
4. What strategies can patent holders follow to strengthen DK1633336’s protection?
Filing related patents in key jurisdictions, pursuing SPC extensions, and continuously monitoring patent validity and landscape developments.
5. How does DK1633336 fit within the global pharmaceutical patent landscape?
It likely complements other filings for similar compounds or uses, forming part of a strategic patent portfolio that secures market exclusivity and blocks competitors.
References
- European Patent Office (EPO). Patent landscape reports and databases.
- WIPO PATENTSCOPE. Patent family and international filings analysis.
- Danish Patent Office. Public records of DK1633336 and related legal status updates.
