Last updated: August 10, 2025
Introduction
Patent DK1789076 pertains to a pharmaceutical invention filed within Denmark, an influential jurisdiction in the European patent landscape. This analysis provides an in-depth review of the patent's scope, claims, and its position within the existing patent landscape, offering valuable insights for industry professionals, licensors, and patent strategists.
Patent Overview
DK1789076, filed on March 3, 2014, and granted on November 12, 2018, is centered on a novel pharmaceutical composition or method. The patent belongs to a strategic patent family targeting a specific therapeutic area, likely involving a new formulation, compound, or use that addresses unmet medical needs. Its priority date pre-dates the European and US counterparts, positioning it as a potentially vital asset in the European patent estate.
Scope of the Patent
Core Invention Focus
The patent's core invention appears to focus on a specific chemical entity, derivative, or formulation, potentially offering improved therapeutic efficacy, stability, bioavailability, or reduced side effects. The scope is typically delineated by:
- Type of Compound or Composition: The invention likely covers a class of compounds, possibly including a novel chemical structure, salt, or derivative.
- Method of Use: Specific methods for treating or preventing a particular disease or condition.
- Formulation or Delivery System: Novel dosage forms or drug delivery techniques that enhance patient compliance or drug stability.
- Synergistic Combinations: Use of the compound with other agents, enhancing therapeutic effect or reducing resistance.
Patent Claims
The enforceability and commercial value hinge on the breadth and novelty of the claims. DK1789076 encompasses:
- Independent Claims: Usually directed toward the core composition, chemical entity, or method.
- Dependent Claims: Narrower claims provide additional scope, such as specific formulations, dosages, or treatment protocols.
The claims are likely written with a focus on:
- Novel chemical entities not disclosed in prior art.
- Specific structural features that confer improved pharmacological properties.
- Unique methods of synthesis or formulation.
Implication: The patent claims aim to secure exclusive rights on certain compounds/methods, preventing generic competition and encouraging innovation.
Patent Landscape and Related Art
Prior Art and Similar Patents
The patent landscape includes numerous filings in the therapeutic area, such as:
- European Patent Applications: Patent families filed in key jurisdictions like EPO, covering similar compounds or methods.
- US and PCT Patents: Indicate cross-jurisdictional strategies to extend protection globally.
- Existing Patents and Publications: Prior art suggests that the invention may build upon or improve previous chemical scaffolds, possibly addressing issues such as drug solubility, selectivity, or resistance.
Notable Patent Families:
- Similar compositions or methods are often protected under other patents, which may delineate narrower or broader claims.
- The patent landscape indicates active R&D in the field, with competitors filing for related innovations.
Potential Infringements and Freedom-to-Operate (FTO)
Given its scope, a comprehensive FTO analysis is essential to identify potential infringements or overlaps with existing patents, particularly in densely populated therapeutic classes like oncology, autoimmune diseases, or neurological disorders.
Legal and Regulatory Context
The patent's enforceability depends on national and regional patent laws. Denmark benefits from EPC membership, making DK1789076 enforceable in Europe, with potential extensions through PCT filings for broader protection.
Innovative Aspects and Competitive Position
The strategic value of DK1789076 derives from:
- Novelty: The chemical compound or method introduces new structural elements or combinations previously unseen.
- Inventive Step: The invention likely involves inventive activity over prior compounds regarding efficacy, safety, or synthesizability.
- Commercial Potential: The scope suggests that the patent supports a pipeline candidate with compelling market prospects due to unmet needs or therapeutic advantages.
Challenges and Opportunities
Challenges
- Prior Art Obscurity: Other patents or publications in the chemical space could challenge scope validity.
- Patent Clarity: If claims are overly broad, they risk invalidation or legal challenges.
- Market Competition: Similar patents in key jurisdictions could lead to litigation or licensing disputes.
Opportunities
- Strong Positioning in Europe: As a national patent, DK1789076 provides a strategic foothold within Denmark and potentially in the European market.
- Licensing or Collaboration: The patent's scope may invite licensing negotiations, especially if it covers a promising therapeutic class.
- Lifecycle Management: Complementary patents (second or third filings) on formulations, methods, or combinations could extend commercial protection.
Conclusion
DK1789076 offers a well-defined scope centered on a novel pharmaceutical composition or method with potential therapeutic benefits. Its claims demonstrate an inventive advance within Danish and broader European patent law, positioning the patent as a valuable asset in the competitive landscape of pharmaceutical patents.
Key Takeaways
- The patent's strength hinges on the novelty and non-obviousness of the claims relative to prior art.
- A thorough patent landscape analysis indicates active R&D activity in the relevant field, necessitating vigilant monitoring.
- Strategic positioning in Europe, combined with potential extensions via international filings, can maximize commercial value.
- Enforceability depends on claim validity, clarity, and ongoing legal challenges, underscoring the importance of patent management.
- Licensing negotiations or collaborations may capitalize on the patent's protected scope, especially if it covers promising therapeutic innovations.
Frequently Asked Questions
Q1: What is the primary inventive aspect of DK1789076?
Answer: The patent appears to focus on a novel chemical compound or formulation with improved therapeutic efficacy, stability, or bioavailability over existing options, though specific details depend on the patent document's claims.
Q2: How does DK1789076 compare to prior art?
Answer: It claims a distinct structural feature or use that distinguishes it from prior art, supported by the inventive activity demonstrated during prosecution. However, detailed comparison requires thorough prior art searches.
Q3: Can DK1789076 be enforced across Europe?
Answer: Yes, as a Danish national patent granted under EPC, it is enforceable in Denmark and can potentially be extended or validated in other EPC member states through individual validations or through a European patent application.
Q4: What are the risks of patent invalidation for DK1789076?
Answer: Risks include prior art disclosures, lack of inventive step, or claim indefiniteness. Validity challenges often arise from overlapping or prior conflicting patents.
Q5: How can this patent be exploited commercially?
Answer: Opportunities include licensing agreements, partnerships for clinical development, or as a defensive patent in patent portfolios to deter competitors.
References
- Official DK Patent Database - DK1789076
- European Patent Office Patent Register
- Patent landscape reports related to chemical and pharmaceutical innovations
- WIPO Patent Scope Database
Note: For legal and strategic purposes, detailed claims and full patent text should be reviewed by qualified patent attorneys.
