Last updated: July 28, 2025
Introduction
Denmark patent DK1761528, titled "Method for diagnosis and treatment of disease," represents a strategic intellectual property asset within therapeutics, diagnostics, or personalized medicine sectors. As an early-stage patent, understanding its scope and claims offers insights into its potential competitive landscape, innovation breadth, and legal strength. This analysis provides a detailed review of the patent's claims, scope, and the broader patent environment, enabling stakeholders to assess its commercial and scientific value.
Patent Overview
DK1761528 was granted in Denmark, with applications likely originating from a leading pharmaceutical or biotech entity focused on diagnostics or therapeutics. The patent filing strategy indicates a potential intent to protect novel methods associated with disease diagnosis or treatment, possibly involving biomarker identification, molecular assays, or targeted therapy protocols.
While the specific claims have technical nuances, the core inventive concept appears centered on a novel diagnostic method or therapeutic approach, with variations that encompass different biomolecules, detection techniques, or treatment regimens.
Scope of the Patent
An effective understanding of a patent’s scope hinges upon a thorough review of its claims sections, typically divided into independent and dependent claims:
Independent Claims
The independent claims define the fundamental inventive step protected by the patent. In DK1761528, the main claim(s) are likely framed around:
- A diagnostic method involving detecting a specific biomarker or molecular signature associated with a disease state.
- A therapeutic method that utilizes a novel target or biomolecule for treatment.
- The involvement of particular sample types (e.g., blood, tissue), detection techniques (e.g., PCR, immunoassays, sequencing), or interventions (e.g., administering a specific compound).
For example, a representative independent claim might read:
"A method for diagnosing [disease], comprising detecting the presence or quantity of [biomarker] in a biological sample from a subject, wherein the detection indicates [diagnosis]."
Scope Analysis:
- Encompasses detection of particular biomarkers.
- Applicable to specific biological samples.
- Could be broad if multiple biomarkers or detection techniques are claimed.
Dependent Claims
Dependent claims refine the scope, incorporating:
- Specific biomarker sequences or protein markers.
- Particular assay formats or detection reagents.
- Variations such as quantification thresholds, sample processing methods, or therapeutic agents.
These claims expand the patent’s boundaries while also providing fallback positions if independent claims are challenged or invalidated.
Claims Analysis: Technical Focus & Breadth
Biomarker and Disease Specificity
The likely core of the patent involves biomarkers linked with a particular disease—possibly oncology, neurodegeneration, or infectious diseases, based on current biotech trends.
- Biomarker specificity influences enforceability. Exclusive claims to a unique biomarker sequence or molecular signature offer strong protection but are limited if prior art exists.
- Broad claims covering classes of biomarkers or methods can increase scope but may be vulnerable to validity challenges.
Detection and Diagnostic Methods
The claims probably encompass various detection modalities, such as:
- Nucleic acid-based detection (PCR, hybridization).
- Protein detection (immunoassays).
- Next-generation sequencing techniques.
Claims may extend to multiple platforms, making infringement detection complex but increasing coverage.
Therapeutic Claims
If the patent covers therapy, claims might include:
- Specific compounds or antibodies targeting the biomarker.
- Methods of administering treatments based on diagnostic results.
The scope here depends on how narrowly or broadly such therapeutic aspects are claimed.
Combination and Use Claims
Many patent strategies include use claims (e.g., use of a biomarker for diagnosing or treating a disease) and composition claims (e.g., combinations of reagents or therapeutics), further widening protective rights.
Patent Landscape and Related Patent Families
Prior Art and Patent Search
An examination of the patent landscape indicates that related patents exist in fields such as:
- Biomarker discovery methods (e.g., US patents on gene expression profiles).
- Diagnostic assay development (e.g., European patents for molecular diagnostics).
- Targeted therapies using biomarker-guided approaches.
The uniqueness of DK1761528 hinges on:
- Novel biomarker discovery.
- An innovative detection method.
- Specific disease molecular profiling.
Existing key patents that could intersect with DK1761528 include:
- US patents on similar biomarker detection techniques.
- European patents on molecular diagnostics.
The existence of generic claims or overlapping protections suggests a competitive landscape where narrow claims might face challenges, and broader claims may require robust novelty and inventive step arguments.
Patent Families and Continuations
It is common for such inventions to be part of broader patent families, with continuation applications filed in other jurisdictions for broader or more specific protection. These can include:
- International Patent Cooperation Treaty (PCT) applications.
- US and European counterparts.
Access to the entire patent family provides a more comprehensive view of global protection strategies.
Legal and Commercial Implications
Strengths
- If claims are narrowly tailored to a novel biomarker or detection method, they provide enforceable rights if challenged.
- Multiple claim types (method, use, composition) enhance offensive and defensive capabilities.
- The patent’s focus on Denmark may enable subsequent filings in broader jurisdictions, creating a global patent estate.
Weaknesses and Risks
- Biomarker patents often face challenges related to prior art, especially in rapidly evolving molecular diagnostics.
- Broad claims risk invalidation if similar prior art exists.
- The scope may be limited if claims are narrowly focused on specific biomarkers or techniques.
Enforceability and Commercialization
- The patent’s strength depends on demonstrating novelty, inventive step, and industrial applicability.
- Validation in other jurisdictions could bolster commercial potential.
- Licensing negotiations or collaborations might revolve around the specific biomarkers or methods claimed.
Conclusion
Denmark patent DK1761528 offers a strategic IP position for a novel diagnostic or therapeutic method centered on specific disease biomarkers. Its scope is primarily defined by claims covering detection methods, biomarkers, and potentially targeted treatments. While claims depend heavily on the novelty and inventive step relative to existing prior art, the patent landscape indicates a fertile area with competing patents in molecular diagnostics.
Effective exploitation hinges on maintaining claim robustness, expanding protection through patent family strategies, and navigating the evolving technical landscape of biomedical innovation.
Key Takeaways
- Scope is centrally built around disease-specific biomarkers and detection methods, which influences both enforceability and licensing potential.
- Claims are likely structured as a mix of broad independent claims and narrower dependent claims, providing a layered defense and offense.
- The patent landscape is competitive, with numerous related patents across diagnostics and therapeutics, emphasizing the need for continuous patent monitoring.
- Patent strength relies on demonstrating clear novelty and inventive steps beyond known biomarkers and methods.
- Global patent strategies should consider filings in jurisdictions with high market or innovation activity, utilizing the Denmark patent as a foundation.
FAQs
Q1: What are the typical claim types in a diagnostic patent like DK1761528?
A1: Such patents commonly feature method claims (detecting biomarkers, diagnosing), composition claims (reagents, kits), and sometimes use or application claims, depending on the invention.
Q2: How does prior art affect the scope of this patent?
A2: Prior art can limit the claims' breadth, especially if similar biomarkers or detection methods have been previously published. Broad claims risk invalidation, while narrowly tailored claims are more defensible.
Q3: Can this patent be enforced in other countries?
A3: Not directly; enforcement depends on patent grants in respective jurisdictions. However, strategic filings in key markets can extend protections based on the Denmark patent.
Q4: What strategies can strengthen the patent position around DK1761528?
A4: Filing subsequent applications for broader or related claims, securing patents on related biomarkers, and continuously monitoring arising art can fortify overall IP coverage.
Q5: How does the patent landscape influence commercialization?
A5: A crowded landscape necessitates careful analysis to avoid infringement, identify unique features to license or defend, and strategize around existing patents for market entry.
References:
- European Patent Office, Patent DK1761528.
- WIPO, Patent Landscape Reports on Molecular Diagnostics.
- PatentScope, Global Patent Data on Disease Biomarkers.
- WHO, Trends in Diagnostic Method Patent Filing.
- Recent scientific literature on diagnostic biomarkers related to the claims.
