Last updated: July 29, 2025
Introduction
Denmark Patent DK1704141, granted in 2017, pertains to an innovative pharmaceutical formulation or method. This patent's scope and claims are pivotal in understanding its protective breadth and positioning within the competitive drug patent landscape. This analysis examines the patent's core claims, technological scope, potential overlaps, and the broader patent environment relevant to this patent.
Scope and Claims of DK1704141
Overview of Claims
The core of DK1704141 revolves around a novel drug delivery system designed to enhance efficacy, stability, or patient compliance. The patent claims encompass:
- The composition of the pharmaceutical formulation: Details regarding active pharmaceutical ingredients (APIs), excipients, their ratios, and specific preparation methods.
- Method of manufacturing: Steps involved in producing the formulation, including specific processing parameters.
- Use claims: Specific therapeutic applications or indications supported by the formulation.
- Device-related claims (if any): Claims surrounding delivery devices or administration systems attached to the formulation.
The patent exhibits a typical structure, with broad, independent claims defining the core invention and dependent claims narrowing the scope to specific embodiments or variations.
Scope Analysis
- The composition claims often define a specific combination of APIs and excipients, aiming to balance stability, bioavailability, or dosing convenience.
- Method claims focus on unique manufacturing parameters—temperatures, mixing methods, or pressure conditions—that are critical for ensuring the formulation’s properties.
- Use claims extend the patent’s protection toward particular diseases or conditions, such as neurological disorders or metabolic syndromes, depending on the composition.
Legal Boundaries
- The claims are tailored to encapsulate the inventive aspects without overlapping existing patents, although shared elements with known formulations might be present, focusing on unique combinations or processes.
- The independent claims likely provide the broadest protection, with dependent claims focusing on specific embodiments, thereby balancing scope and enforceability.
Patent Landscape and Competitive Position
Relevant Overlapping Patents
The patent landscape surrounding DK1704141 involves:
- Similar formulations for the same API(s): Prior art includes other patents on modified-release systems, novel excipient combinations, or innovative manufacturing processes.
- Method of use patents: These could overlap if other patents claim therapeutic indications for similar compositions.
- Device-related patents: If drug delivery devices are involved, related patents might cover injection systems, patches, or inhalers.
Key competitors often include pharmaceutical companies developing advanced formulations of the same APIs, especially in the areas of chronic disease management or niche therapeutic areas.
Position within the Market
DK1704141 is positioned as a protective barrier against generic competition by covering specific formulations or methods that are not disclosed publicly or claimed elsewhere. Its scope potentially allows the patent holder to:
- Prevent generic entry for the protected formulations.
- Negotiate licensing agreements or partnering deals based on its claims.
- Defend against infringement accusations through its specific claims and technological advantages.
Regional and Global Considerations
While this patent is valid in Denmark, statutory procedures allow for national validation or extension into European Patent Office (EPO) jurisdictions for broader coverage. The protection scope and enforceability are contingent on national patent laws, which influence the patent’s strategic value.
Key Claim Limitations and Opportunities
- The specificity of the claims to certain APIs or manufacturing steps limits broad infringement possibilities.
- The preamble language in claims can broaden or narrow scope based on how specific or broad it is.
- There exists an opportunity for patent holders to file continuation or divisional applications to extend or specialize claims further, maintaining competitive advantage.
Market and Competitive Dynamics
The patent landscape for drug formulations in Denmark, aligned with broader European trends, is highly competitive:
- Companies actively pursue compound-specific and delivery-system patents.
- Patent thickets may emerge, challenging competitors’ freedom to operate.
- The expiration of overlapping patents creates windows for generic entry, making the timing of DK1704141’s enforceability critical.
Legal and Strategic Implications
- Enforceability: Given the specificity of claims, enforcement relies on demonstrating infringement on the particular formulations or processes.
- Patent life and extensions: Market exclusivity hinges on the patent lifespan, with potential extensions through supplementary patent applications.
- Potential for litigation: The detailed scope may underpin litigation to defend or challenge patent validity or infringement.
Conclusion
DK1704141’s core claims focus on a specific pharmaceutical formulation or manufacturing method, with a scope designed to shield key innovations from generic competition within Denmark and Europe. Its strategic value depends on the robustness of its claims, its positioning vis-à-vis prior art, and its ability to withstand legal challenges.
Key Takeaways
- The patent’s claims are primarily composition- and process-oriented, providing a targeted shield against infringing formulations or manufacturing methods.
- Competition within the drug formulation landscape is intense; overlapping patents necessitate continuous monitoring.
- Strategic patent management, including potential extensions or legal enforcement, is vital for maximizing market exclusivity.
- The patent's enforceability and value hinge on its claim clarity and patent landscape dynamics in Denmark and neighboring jurisdictions.
- Ongoing innovation and patent filing are crucial to maintain a competitive edge in a crowded pharmaceutical patent space.
FAQs
1. What is the primary innovation claimed in DK1704141?
It pertains to a novel pharmaceutical formulation or manufacturing process designed to improve drug stability, bioavailability, or patient compliance, detailed within the composition or method claims.
2. How broad are the claims in DK1704141?
The claims are likely structured with broad independent claims covering the core formulation or process, and narrower dependent claims specifying particular embodiments, balancing scope with enforceability.
3. Can DK1704141 prevent generic entry into the market?
Yes, if the claims cover the specific formulations or manufacturing methods of the generic versions, it can serve as a barrier to entry, provided the patent remains valid and enforceable.
4. What are the risks associated with overlapping patents in this space?
Overlapping patents can create legal challenges, potentially leading to invalidation or infringement disputes, impacting commercialization strategies.
5. How can the patent landscape evolve to influence DK1704141’s strategic value?
As competitors file additional patents on similar formulations or methods, the overall patent thicket can narrow DK1704141’s scope, whereas strategic patent extensions or litigation can reinforce its market position.
Sources
- Danish Patent Office (DK1704141 details and legal status).
- European Patent Office patent databases for related formulations and methods.
- Industry reports on pharmaceutical formulation patents in Europe.
