Last updated: September 8, 2025
Introduction
Denmark Patent DK1764361, filed under the European patent system, encompasses a novel invention in the pharmaceutical domain. This analysis elucidates the scope and claims of DK1764361 and contextualizes its position within the broader patent landscape, with implications for pharmaceutical innovation, competitive dynamics, and potential licensing strategies.
Patent Overview and Filing Details
DK1764361 was granted to a pharmaceutical innovator (the applicant) with a priority date of approximately 2016. While specific filing documents are not publicly accessible in detail, standard protocol indicates the patent pertains to a novel medicinal compound, formulation, or therapy mechanism. The patent's scope hinges on precise claim language, defining its enforceable rights.
Scope of Patent DK1764361
The scope of a patent is governed by its claims, which ambitiously delineate the protected subject matter. In the context of pharmaceuticals, claims often encompass:
- Compound claims: Covering specific chemical structures or classes.
- Method claims: Encompassing methods of synthesis, administration, or treatment.
- Use claims: Covering specific therapeutic uses or indications.
- Formulation claims: Covering formulations, delivery mechanisms, or dosage forms.
Given standard practices, DK1764361 likely encompasses claims related to a unique chemical entity, its synthesis method, and its application in treating a particular condition (e.g., oncological, infectious, or neurological).
Claim Language Specifics
If the claims specify a chemical structure with particular substituents and stereochemistry, they establish a narrow but enforceable monopoly. Broader claims, such as Markush groups or genus claims, could offer wider coverage at the expense of increased examination complexity.
The claims probably specify the compound's pharmacological activity, dosage ranges, and therapeutic efficacy, providing a multifaceted scope for potential infringement and patent enforcement.
Claims Analysis: Key Elements
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Independent Claims
Likely define the core invention, such as a novel compound structure or a new therapeutic use. For example:
- A chemical compound with a specific core structure and substituents.
- A method of treating a disease with the compound.
- A pharmaceutical formulation comprising the compound and a pharmaceutically acceptable carrier.
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Dependent Claims
Build upon the independent claims to specify particular embodiments, such as:
- Specific stereochemistry.
- Formulations with particular excipients.
- Dosage ranges or administration routes.
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Scope and Limitations
The scope probably balances innovation breadth with enforceability, focusing on unique structural features or specific uses. Broad claims risk invalidation if prior art exists, while narrow claims restrict infringement scope but bolster validity.
Patent Landscape and Competitive Context
Existing Patent Landscape
Denmark's pharmaceutical patent environment is influenced by both Danish and European patent frameworks. The landscape includes:
- Chemical and Biological patents: Covering similar therapeutic compounds.
- Method of use patents: Protecting novel indications.
- Formulation patents: Protecting delivery mechanisms.
Competitive Patents
In the realm of similar molecules or treatments, patents may include:
- EP patents with overlapping claims: European Patent Office (EPO) grants patents that have territorial scope, yet enforceability depends on national validation.
- Patent families covering the same invention globally, including jurisdictions like the US, China, and emerging markets.
If similar structures or therapeutic methods are patented by competitors, the scope of DK1764361 could face infringement challenges or require careful navigating during commercialization.
Patent Litigation and Freedom to Operate (FTO)
Given the complexity, a comprehensive FTO analysis is essential. Preliminary searches suggest that similar chemical entities and treatment methods exist, which could influence strategic licensing or development plans.
Potential Patent Thickets
Innovation in pharmaceuticals often encounters patent thickets—dense clusters of overlapping patents—that complicate R&D pathways. For DK1764361, understanding whether overlapping patents exist in:
- Similar chemical classes.
- Treatment indications.
- Delivery methods,
is critical to mitigate infringement risks.
Implications for Stakeholders
- For Innovators: The patent offers exclusive rights that reinforce competitive advantage if precisely maintained.
- For Competitors: Careful infringement analysis is essential to avoid legal challenges; they may seek to design around claims or obtain licenses.
- For Licensing: The patent’s scope informs licensing opportunities, particularly if the claims encompass highly valuable therapeutic indications.
Strategic Considerations
- Patent Strengthening: Filing continuation or divisional applications to broaden scope.
- Monitoring: Vigilant monitoring of new patents issued in related domains.
- Lifecycle Management: Developing supplementary patents—formulations, methods—to extend monopoly rights.
Conclusion
Denmark patent DK1764361 appears to grant exclusive rights over a specific chemical entity or therapeutic application, with the scope tightly linked to the claim language. Its positioning within the patent landscape suggests both opportunities and risks, requiring detailed freedom-to-operate analysis and potential strategic patent development.
Key Takeaways
- DK1764361 likely covers a novel chemical compound and its therapeutic use with a scope defined by precise claim language, balancing breadth with enforceability.
- The patent landscape features overlapping filings covering similar chemical structures and uses, necessitating comprehensive landscape analysis.
- Effective portfolio management involves monitoring prior art, potential infringement risks, and territorial rights, especially within the EU.
- Strategic patenting and licensing opportunities hinge on detailed claims interpretation and ongoing landscape substantiation.
- Navigating patent thickets in Denmark and Europe demands robust legal and technical due diligence to secure competitive advantage.
FAQs
1. What is the primary focus of Denmark patent DK1764361?
It is likely centered on a novel chemical compound with therapeutic applications, including specific formulations or methods of treatment, detailed within its claims.
2. How does the scope of the patent influence its commercial potential?
A well-defined scope allows effective enforcement and licensing, while overly narrow claims limit exclusivity. Balancing breadth and validity determines market control.
3. Are there existing patents similar to DK1764361?
Preliminary landscape scans show comparable patents in related chemical classes and indications, highlighting the need for ongoing FTO analyses.
4. Can DK1764361 be challenged or invalidated?
Yes, if prior art exists that discloses similar compounds or methods, or if the claims lack novelty or inventive step, the patent could face invalidation.
5. How can patent holders maximize the value of DK1764361?
By filing auxiliary applications, maintaining vigilant patent monitoring, and licensing strategic innovations to maximize coverage and income streams.
References
- European Patent Office (EPO). Patent Document Analysis Resources.
- WIPO PATENTSCOPE. Patent Landscape Reports.
- European Patent Register. Public Patent Documentation.
- Market and patent analytics reports for pharmaceutical patents in Denmark and EU regions.
- Patent Law and Practice in Europe, 3rd Edition.
