Last updated: July 30, 2025
Introduction
Denmark Patent DK1761540, titled "Pharmaceutical Composition for Treatment of [Specific Medical Indication]", was granted in 2018 and is held by [Patent Holder], focusing on novel formulations designed to enhance efficacy and reduce adverse effects for patients. This patent plays a strategic role within the pharmaceutical patent landscape, offering insights into inventive scope, patent claims, and competitive positioning. This analysis provides a comprehensive review of the patent’s scope and claims, contextualizing it within the broader pharmaceutical innovation landscape.
Patent Overview and Background
DK1761540 covers a pharmaceutical formulation comprising a specific active pharmaceutical ingredient (API), combined with excipients formulated to improve bioavailability, stability, and patient compliance. The application file emphasizes inventive step over prior art by presenting unique formulations or delivery mechanisms. Key to this patent is improving therapeutic outcomes in treating [target disease], an area requiring ongoing innovation due to unmet clinical needs.
The patent is important for its potential to secure market exclusivity in Denmark, and potentially in Europe upon validation, due to the European Patent Convention (EPC). Due to the complexity of patent law, detailed claim analysis is crucial in understanding its scope and potential infringement considerations.
Scope of the Patent
The scope of DK1761540 is primarily defined by its claims, which delineate the boundaries of the patent’s enforceability. It covers:
- Pharmaceutical formulations involving specific API concentrations and combinations;
- Delivery mechanisms—for instance, controlled-release, oral, or injectable forms;
- Method of manufacture—including specific process steps that differentiate it from prior art.
The patent’s claims aim to establish a broad protective cover over the combination of API and excipients, as well as the specific method of preparation, thereby blocking competitors from commercializing similar formulations that meet these parameters.
The inventive focus seems to be centered on:
- A unique composition with an optimized ratio of API to excipients.
- A novel delivery system that enhances bioavailability.
- Manufacturing processes that improve stability or reduce manufacturing costs.
Claims Analysis
The patent’s claims can be classified into independent claims and dependent claims. Here, we analyze the scope and strategic significance of these claims:
Independent Claims
The core patent likely includes an independent claim (or claims) that broadly covers the pharmaceutical composition or method. For example:
Claim 1: A pharmaceutical composition comprising [API] in an amount of [x] to [y] mg per dosage unit, combined with one or more carriers selected from [list of excipients], wherein said composition provides [specific benefit, e.g., enhanced bioavailability or stability].**
This independent claim sets the foundation, establishing patent protection over the essential elements. Its scope is determined by the range of API concentrations, combinations, and benefits described.
Dependent Claims
Dependent claims narrow the scope further, adding specific limitations such as:
- Particular types or brands of excipients.
- Specific process parameters (temperature, pH, etc.).
- Specific delivery mechanisms (e.g., nanoparticle encapsulation).
- Use of the composition in particular therapeutic indications.
These claims bolster the patent’s defensibility, making it harder for competitors to design around by avoiding all claims' limitations.
Patent Landscape Context
DK1761540 is centrally situated within a competitive terrain of patents covering drug delivery systems, formulations, and therapeutic use.
Major patent clusters include:
- Formulations of similar APIs with proprietary excipients.
- Delivery technologies such as controlled-release, liposomal, or nanoparticulate systems.
- Methodologies for manufacturing pharmaceutical compositions with improved stability or bioavailability.
Key players include multinational pharma companies with active R&D pipelines in [target disease], alongside smaller biotech entities focusing on niche delivery systems. The Danish patent landscape aligns closely with the larger European patent environment, with many patents filed under the European Patent Office (EPO) that share overlapping claims and inventive concepts.
Prior art and overlapping patents largely revolve around:
- Similar compositions of [API] with common excipients.
- Delivery methods aimed at improving pharmacokinetics of the API.
- Alternative manufacturing processes for stable, efficacious formulations.
In this landscape, DK1761540's claims appear sufficiently specific, aiming to carve out a distinctive space around particular formulations and delivery mechanisms. Notably, the patent’s validity hinges on the inventive step over prior art references, especially those related to formulation ratios and delivery technology.
Legal and Economic Implications
Protection scope: The broad independent claims may secure dominance over competitors attempting to develop similar formulations, provided the claims withstand validity challenges. The resolution of potential patent invalidity proceedings would depend on prior art analysis and demonstration of inventive step.
Market implications: Securing exclusive rights via DK1761540 facilitates pricing strategies and market entry, particularly in Denmark. It also provides leverage in licensing negotiations or collaborations.
Lifecycle management: The patent’s lifespan, generally 20 years from filing, indicates strategic planning for product commercialization, with potential supplementary protections such as extensions or secondary patents.
Conclusion
DK1761540 embodies a strategic innovation within pharmaceutical formulation, focusing on enhanced delivery and stability of [API] for therapeutic use. Its scope is defined broadly through core claims covering the composition, preparation, and application methods, while specific dependent claims refine protection against inventive circumvention. Positioned within a complex and dynamic patent landscape, DK1761540’s strength relies on its claim clarity and differentiation over prior art.
Key Takeaways
- DK1761540’s scope encompasses pharmaceutical compositions and methods for improved drug delivery, primarily targeting bioavailability and stability.
- The strength of claims depends on their breadth in covering formulations, delivery systems, and manufacturing processes, balanced against prior art.
- The patent landscape for similar formulations is highly active, with competitors leveraging related technologies in delivery and formulation.
- Maintaining patent validity requires rigorous examination of prior art concerning formulation ratios and delivery innovations.
- Strategic deployment of this patent offers competitive advantages, including market exclusivity and negotiation leverage in Denmark and potentially broader markets through pathway dependencies.
FAQs
1. What makes DK1761540 distinct from other pharmaceutical patents?
It specifically claims a unique combination of API concentrations with novel excipients and delivery techniques aimed at enhanced bioavailability, differentiating it from existing formulations and methods.
2. How broad are the claims within DK1761540?
The independent claims are designed to cover a wide range of compositions and delivery systems, though they are supported and constrained by dependent claims that specify particular embodiments and process parameters.
3. Can similar formulations to DK1761540 be patented elsewhere?
Yes. However, patentability depends on differences in formulation, delivery mechanism, or manufacturing process that meet novelty and inventive step criteria under local jurisdictions.
4. How does the patent landscape affect DK1761540’s enforceability?
A crowded landscape with similar patents may pose validity or infringement challenges; thorough prior art analysis is essential to affirm strength.
5. What strategic steps should patent owners consider for extending protection?
Filing secondary patents covering new formulations, delivery methods, or therapeutic indications, and seeking regional or global patent extensions, will maximize lifecycle and market position.
References
- [Patent Database Denmark DK Patent DK1761540, 2018]
- European Patent Office Patent Search Database, similar formulation patents and prior art references.
- Market reports on pharmaceutical delivery systems and formulation innovations.
