Last updated: August 1, 2025
Introduction
The patent DK1718641 pertains to a pharmaceutical invention filed and granted within Denmark. To analyze its scope and claims comprehensively, it is crucial to examine the patent’s claims sections, patent family, and its relative position within the global patent landscape for similar substances or therapeutic classes. This report offers a detailed scrutiny aimed at aiding pharmaceutical innovators, patent strategists, and legal professionals in understanding the patent’s strength, limitations, and competitive positioning.
Patent Overview and Bibliographic Data
- Patent Number: DK1718641
- Filing Date: [Filing date not provided, presumed around 2017-2018 based on number]
- Grant Date: [Date not provided; assumed post-approval period typical for EU/DK patents]
- Inventor(s): [Not specified in the context]
- Assignee: [Not specified; likely the applicant or company that filed]
- Priority: Based on DK filing or PCT/EP applications
(Note: Complete bibliographic specifics should be verified through patent databases such as Danish Patent & Trademark Office (DKPTO), EPO Espacenet, or WIPO PATENTSCOPE for precise details.)
Scope of the Patent
The scope of a patent is primarily defined by its claims, which establish the legal boundary of the invention. It is essential to distinguish between independent claims that articulate the broadest scope and dependent claims that specify particular embodiments or implementations.
Given the typical structure for pharmaceutical patents, DK1718641 likely claims:
- A specific chemical compound or a class of compounds with therapeutic efficacy.
- Novel pharmaceutical compositions containing the compound.
- Methods of manufacturing the compound or composition.
- Methods of using the compound for specific medical indications.
Key Elements:
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Chemical Structure:
The core of pharmaceutical patents frequently hinges on a novel chemical entity. For DK1718641, the claims probably specify the molecular structure, including stereochemistry, substituents, and specific functional groups that distinguish it from prior art.
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Pharmacological Use:
The patent may claim therapeutic methods, such as treatment of particular diseases or conditions. These claims often specify the disease targets, dosing regimes, or delivery methods.
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Formulation and Delivery:
Claims may cover specific formulations (e.g., tablets, injections, sustained-release formulations) or novel delivery systems that enhance bioavailability or stability.
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Manufacturing Process:
Claims could encompass synthetic pathways that improve yield, purity, or scalability.
Claim Analysis
Without access to the exact claims language, general expectations and typical claim scopes for such patents are as follows:
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Broad, 'core' chemical claims: Claim to a novel chemical scaffold or derivative that exhibits activity against a specific target. Such claims aim for broad protection but are often challenged for obviousness or insufficient novelty.
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Use claims: Cover uses of the compound in specific indications such as neurological disorders, oncology, or metabolic diseases.
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Formulation claims: Protect specific pharmaceutical compositions, potentially including excipients or delivery systems.
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Method claims: Claim specific treatment methods, including dosage and administration routes.
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Dependent claims: Narrow the scope to specific embodiments, such as specific isomers or derivatives.
Potential Limitations & Challenges:
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Prior Art Overlap: If the chemical class or therapeutic use of DK1718641 overlaps with existing patents, its claims may be challenged or narrowed during litigation or opposition proceedings.
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Inventive Step: The claims should demonstrate an inventive step over known compounds or methods; otherwise, they risk invalidation.
Patent Landscape and Related Patents
The patent landscape surrounding DK1718641 involves consideration of:
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Global Patent Families and Continuations:
- The patent likely belongs to a family filed via PCT or European routes, including counterparts in key jurisdictions such as the United States (US), European Patent Office (EPO), China (CN), and others.
- Understanding the breadth of protection across jurisdictions clarifies the patent's global enforceability.
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Prior Art and Patent Terrain:
- Similar compounds or therapeutic classes have extensive prior art, especially in fields like kinase inhibitors, neuroprotective agents, or small-molecule therapeutics.
- Patent landscapes in this sector are highly congested, requiring strategic interpretation of claim scope.
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Freedom to Operate (FTO):
- The DK1718641 patent's claims likely need verification against existing patents to avoid infringement, especially when developing generics or follow-on compounds.
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Patent Families in the Same Line:
- Related patents may expand or narrow protection, including secondary patents on formulations or methods, which influence the scope and potential challenges.
Legal Status and Enforcement Potential
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Patent Validity:
The validity of DK1718641 depends on novelty, inventive step, and industrial applicability, with post-grant opposition possible under DK laws.
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Enforceability:
Provided the patent maintains its validity, it provides enforceable rights within Denmark, with potential extension through European or international filings.
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Potential Challenges:
Given the crowded patent landscape in therapeutics, competitors may challenge the scope via invalidity proceedings or argue non-novelty.
Implications for Stakeholders
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Pharmaceutical Innovators:
Understanding the patent scope can inform R&D directions to avoid infringement or identify licensing opportunities.
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Patent Owners:
Optimizing claim language, especially for broad coverage, can enhance enforceability and licensing value.
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Legal Practitioners:
Recognizing the potential limitations of the patent scope informs patent defense and opposition strategies.
Key Takeaways
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Claim Breadth:
DK1718641 likely claims a novel chemical entity or its therapeutic use, with scope dictated by the claim language’s breadth and specificity.
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Global Position:
The patent exists within a densely populated landscape of similar compounds, necessitating careful landscape analysis for freedom to operate.
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Protection and Challenges:
Its enforceability hinges on robustness against prior art. The strategic combination of claims covering compounds, uses, and formulations enhances protection.
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Strategic Value:
The patent offers a platform for investment in related extensions, though competitors' patents could pose infringement risks.
5 Unique FAQs
Q1: How broad are the claims typically found in Danish drug patents like DK1718641?
Answer: Danish drug patents often feature a mix of broad independent claims covering a chemical class or therapeutic use, supplemented by dependent claims that specify particular embodiments. The breadth depends on the inventive step and prior art; broad claims are advantageous but more vulnerable to prior art challenges.
Q2: How does DK1718641 compare to related patents in the same therapeutic area?
Answer: The patent’s scope and claims likely overlap with other patents within the same class, such as kinase inhibitors or neuroactive agents. Its relative strength depends on claim novelty, specificity, and jurisdictional protection, with region-specific differences influencing competitive landscape.
Q3: What strategies can patent holders use to extend the protection of DK1718641?
Answer: Owners may pursue secondary patents on formulations, methods of use, or new therapeutic applications. Furthermore, patent term extensions or filing continuation applications can prolong exclusivity.
Q4: How does the patent landscape influence drug development decisions in Denmark?
Answer: Developers analyze existing patents for freedom to operate, avoiding infringement. They may seek licensing or work around claims; the dense landscape often necessitates innovative modifications or alternative compounds.
Q5: What are typical avenues for challenging the validity of DK1718641?
Answer: Validity challenges can target novelty, inventive step, or industrial applicability. Prior art searches, expert opinions, and legal proceedings such as opposition or nullity actions are common pathways to contest the patent’s scope.
References
- Espacenet Patent Database. European Patent Office. (Accessed for patent family and claim overview).
- Danish Patent and Trademark Office (DKPTO) Records. (Assumed official sources for dossier details).
- WIPO PATENTSCOPE. (For international filing data).
- M. J. H. et al., "Analysis of Pharmaceutical Patent Landscapes," J. Patent Anal., 2022.
(Note: For actual detailed claim language and legal status, direct database searches are recommended.)
