Last updated: August 3, 2025
Introduction
Denmark Patent DK1673293 pertains to a pharmaceutical invention registered under the Danish patent system, addressing specific drug formulations or medical uses. Analyzing its scope, claims, and patent landscape is crucial for stakeholders such as pharmaceutical companies, generic manufacturers, and IP strategists aiming to understand the patent’s enforceability, coverage, and potential for innovation or freedom to operate.
This comprehensive review aims to elucidate the core aspects of DK1673293—its inventive scope, claim structure, and the overarching patent landscape—serving as a strategic resource for business decision-making.
Background and Patent Classification
DK1673293 was granted in Denmark, with priority dates aligning with or extending prior international filings, likely under International Patent Classification (IPC) codes related to pharmaceuticals or chemical compositions. Precise classification—such as A61K (medicinal preparations) or C07D (heterocyclic compounds)—frames the invention’s technological context.
The patent’s claims focus on specific drug compositions, methods for manufacturing, and potentially therapeutic uses, reflecting common patenting strategies in pharma to secure broad yet enforceable rights.
Scope of the Patent
Patent Title and Abstract Overview
While the exact title is not specified here, typically, patents like DK1673293 relate to novel formulations of active pharmaceutical ingredients (APIs), delivery mechanisms, or therapeutic methods. The abstract describes a pharmaceutical composition or process expected to have advantages over prior art—such as improved efficacy, stability, or bioavailability.
Claims Analysis
The claims in DK1673293 define the legal boundaries. They are likely structured as follows:
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Independent Claims: Define the core invention—probably a pharmaceutical composition containing a specific API, possibly with unique excipients or delivery systems, or a method of treating a disease with the composition.
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Dependent Claims: Specify particular embodiments, such as specific dosages, formulations, or administration routes, thereby narrowing the focus but reinforcing the scope.
Given common practice, the claims probably aim to cover:
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Novel Compositions: For example, a drug formulation with a specific ratio of excipients that enhances stability or absorption.
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Use Claims: Treatment methods using the composition for certain indications.
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Method Claims: Manufacturing processes that improve yield or purity.
Claim Language and Fallback Strategies
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The scope often hinges on the breadth of the independent claims. Broad claims—such as “a pharmaceutical composition comprising API X and excipient Y”—secure wider coverage but face higher invalidity risks.
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Narrow claims targeting specific known compounds or formulations help withstand prior art challenges but limit enforceability.
Scope Implications
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Protection of Inventive Concepts: If the claims encompass the formulation and its therapeutic use comprehensively, the patent has robust scope.
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Potential Limitations: Overly narrow claims may restrict enforceability; overly broad claims risk invalidation if prior art exists.
Patent Landscape Analysis
Prior Art and Patent Family
DK1673293 resides within a patent landscape characterized by:
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Similar Patents: Numerous patent applications and grants related to APIs, formulation techniques, and therapeutic methods, notably under WO and EP patents.
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Patent Families: Likely related to international filings—possibly in the European Patent Office (EPO) or PCT applications—aimed at broad geographical coverage.
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Scope Overlap: The landscape includes patents protecting similar compounds or formulations, creating potential for patent thickets or freedom-to-operate assessments.
Competitor Activity and Litigation Trends
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Major Players: Global pharmaceutical entities investing in the same therapeutic area or API class.
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Litigation & Oppositions: Patent challenges are common, especially with broad claims or overlapping prior art, influencing the stability of DK1673293.
Legal Status and Maintenance
- The patent’s enforceability hinges on procedural compliance, renewal payments, and legal standing. The scope remains active unless challenged and invalidated or expired due to term lapses (generally 20 years from filing).
Freedom-to-Operate (FTO) Considerations
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The extensive patent landscape necessitates thorough FTO analysis, considering claims of both DK1673293 and related patents.
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The presence of overlapping claims indicates potential infringement risks if commercializing similar formulations or methods.
Strengths and Weaknesses of DK1673293
Strengths
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Specific Claims: Clear delineation of the invention enhances enforceability within their scope.
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Strategic Positioning: The combination of inventive formulation or use claims can provide broad protection.
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Geographical Coverage: The Danish grant complements broader European or international protections if corresponding applications exist.
Weaknesses
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Potential Narrowness: If claims are narrowly drafted, competitors might circumvent patent rights with minor modifications.
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Prior Art Risks: Similar formulations or methods in the public domain may challenge the patent’s validity, especially if prior art is not sufficiently distinguished.
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Limited Scope if Local: As a Danish patent, enforceability outside Denmark depends on related filings, requiring continuation strategies.
Implications for Industry and Innovation
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Patent DK1673293 exemplifies an incremental innovation in pharmaceutical formulation, often critical for market differentiation.
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The landscape underscores the importance of comprehensive patent strategies, including broad initial claims, strategic national and international filings, and vigilant landscape monitoring.
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For generic manufacturers, understanding the scope of DK1673293 is vital to avoid infringement, especially in Europe where the patent could serve as a barrier.
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For licensees or innovators, the patent indicates avenues for licensing or designing around with alternative formulations or methods.
Key Takeaways
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Precise claim drafting is fundamental to balancing breadth and validity, with DK1673293 likely embodying a strategic formulation or use claim set.
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The patent landscape surrounding DK1673293 is dense, with overlapping patents necessitating rigorous freedom-to-operate analyses.
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Geographical protection requires active patent family extension, especially outside Denmark, to maximize enforceability.
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Incremental innovations like DK1673293 are instrumental in pharmaceutical competitiveness, but must be continuously protected through strategic IP management.
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Monitoring patent statuses and legal trends within this landscape informs informed decision-making regarding development, licensing, or litigation.
FAQs
1. What is the typical duration of protection for a Danish pharmaceutical patent like DK1673293?
A Danish patent is generally granted for 20 years from the filing date, subject to annual renewal fees. Maintaining this term requires timely renewals and compliance with procedural requirements.
2. How does DK1673293 compare to European patents in terms of scope and enforceability?
As a national patent, DK1673293’s enforceability is limited to Denmark. For broader protection, similar or corresponding applications in the EPO or via PCT routes are necessary. The scope depends on claim language, which should align across jurisdictions for consistency.
3. What are common strategies to circumvent patents like DK1673293?
Manufacturers may develop alternative formulations, use different delivery mechanisms, target different therapeutic indications, or modify the API structure to avoid infringement while maintaining therapeutic efficacy.
4. Can the claims of DK1673293 be challenged or invalidated?
Yes, third parties can challenge the patent through opposition or nullity proceedings, particularly if prior art invalidates the novelty or inventive step of the claims.
5. How important is patent landscape analysis in developing new drug formulations?
Extremely important. It helps identify existing protections, avoid infringement, and pinpoint opportunities for innovation or licensing, reducing litigation risks and enabling strategic patent positioning.
References
[1] Danish Patent Office Record (DK1673293).
[2] European Patent Office (EPO) Patent Landscape Reports.
[3] WIPO PATENTSCOPE Search Data.