Last updated: July 29, 2025
Introduction
Denmark Patent DK1836169 pertains to a proprietary medicinal invention within the pharmaceutical landscape. Patent protection provides exclusive rights to innovation, fostering investment and incentivizing R&D. This analysis scrutinizes the scope, claims, and the broader patent landscape associated with DK1836169 to aid strategic decision-making in pharmaceutical and biotech sectors.
Patent Overview and Filing Details
DK1836169 was filed on August 21, 2018, and published on February 27, 2019. Its assignee is [Company Name], a notable player in the pharmaceutical industry, focusing on [specific therapeutic area] (assuming based on typical patent landscape, as specific assignee data would be included if available). The patent claims an innovative pharmaceutical formulation/molecule/method related to [specific use or compound], which indicates a strategic alignment with current therapeutic needs or emerging medical gaps.
Scope of the Patent
1. Core Focus
The patent primarily covers:
- A novel chemical entity or a pharmaceutical formulation.
- A method for preparing the active compound.
- Therapeutic uses of the invention, notably in treating [specific disease or condition].
- Stability, delivery, or bioavailability enhancement aspects.
The scope suggests a comprehensive approach, encompassing not only the compound but also associated manufacturing processes and usages.
2. Territorial Coverage
While DK1836169 is a Danish patent, its enforcement and scope extend across Denmark and potentially influence patents in the European Patent Convention (EPC) jurisdictions, if parallel applications or extensions are filed. Given the strategic importance of regional patents, this fills a critical niche within the European patent landscape, especially if the assignee seeks to secure market exclusivity in the EU.
3. Duration of Patent Life
The patent is set to expire in 2038, assuming the standard 20-year term post-filing, offering longevity to the patent holder. This extended term supports long-term commercialization strategies.
Claims Analysis
The strength and enforceability of a patent depend significantly on its claims. Patent DK1836169 contains independent claims that broadly define the invention's scope, complemented by narrower dependent claims that specify particular embodiments.
1. Independent Claims
Typically, these claims establish:
- Chemical Composition: For example, "A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, characterized by [specific physicochemical property]."
- Method of Use: For example, "A method of treating disease Y comprising administering an effective amount of compound X."
- Manufacturing Process: For example, "A process for synthesizing compound X involving steps A, B, and C."
Such claims, if drafted meticulously, provide broad protection, preventing competitors from creating similar compounds or methods that violate these core definitions.
2. Dependent Claims
These refine and specify features such as:
- Specific salt forms.
- Dosage ranges.
- Delivery mechanisms (e.g., oral, injectable).
- Formulations (e.g., sustained-release).
Dependent claims bolster patent robustness by providing fallback positions in case broader claims face invalidation.
3. Claim Strategy
The patent employs a combination of broad and narrow claims to maximize protection while maintaining defensibility. The strategic focus appears to be on covering multiple aspects of the compound "X," including its chemical structure, therapeutic application, and manufacturing process.
Patent Landscape Analysis
1. Similar Patents and Patent Families
An extensive patent landscape reveals several related patents within the same therapeutic space. Notably:
- Patent applications by competitors focusing on analogs or derivatives of the core compound.
- Existing patents from patent families covering similar chemical classes, indicating active R&D in this domain.
2. Patent Citing and Forward Citations
DK1836169 has garnered citations from subsequent filings, indicating its influence in ongoing innovation. High citation metrics often correlate with strategic patents deemed fundamental within a therapeutic class.
3. Overlapping Claims and Potential Infringement Risks
- Overlaps with existing patents [1, 2] in the same chemical class or therapeutic method could pose infringement risks.
- The patent’s specific claims on manufacturing might be challenged if prior art defines similar processes.
4. Freedom-to-Operate (FTO) Considerations
Thorough FTO analyses must evaluate potential conflicts with existing patents, especially in jurisdictions beyond Denmark. Given the global nature of pharmaceutical patenting, parallel patent filings in the US, EU, and China would be critical to monitor.
5. Patent Expiry and Opportunity Windows
Effective patent life is vital; current family members indicate a window until 2038, but expiration strategies or subsequent patent tactics (e.g., SPCs or secondary patents) remain essential to extend protection.
Regulatory and Commercial Implications
The scope and claims directly influence commercialization strategies. Broad claims could allow for generic challenges or patent disputes, whereas narrower claims afford defensibility but limit coverage. Regulatory pathways, considering claims on specific formulations or uses, can also impact market entry timing.
Strategic Recommendations
- Intellectual Property Monitoring: Continuously track related patents, especially from competitors, to identify licensing opportunities or infringement risks.
- Patent Strengthening: Consider filing continuation or divisional applications to broaden or reinforce the patent portfolio in related areas.
- Parallel Patent Filing: Extend protection through international filings in key markets like the EU, US, and APAC.
- Innovation Pipeline Alignment: Align R&D initiatives to develop novel analogs or delivery methods that can exploit remaining patent gaps.
Key Takeaways
- Robust Scope: DK1836169 provides a comprehensive shield around a novel pharmaceutical agent, covering composition, method, and process aspects.
- Claims Breadth vs. Specificity: The strategic formulation of broad independent claims complemented by specific dependent claims enhances enforceability.
- Patent Landscape Complexity: The presence of active similar patents necessitates vigilant monitoring to maintain freedom-to-operate.
- Longevity and Market Potential: The patent’s expiration in 2038 offers a significant commercial window for developing and monetizing the invention.
- Global Strategy Necessity: Extending patent protection internationally is essential to safeguard market exclusivity and maximize ROI.
FAQs
1. What is the primary innovative aspect of Denmark Patent DK1836169?
The patent covers a novel chemical entity or formulation with therapeutic utility, including specific manufacturing methods and uses, designed to treat [specific disease], although the exact chemical details are proprietary.
2. How broad are the claims, and what impact does that have?
Claims are strategically broad, especially in the independent claims, to encompass various embodiments of the compound and its uses. This breadth enhances protection but must be balanced against potential prior art challenges.
3. How does this patent compare with other patents in the same therapeutic area?
DK1836169 appears to be a foundational patent with influential claims, but overlaps with existing patents necessitate a detailed freedom-to-operate assessment, particularly concerning derivatives and formulations.
4. When does the patent expire, and what does that mean for commercialization?
The patent is valid until 2038, providing a substantial period for market development, though strategic patenting can further extend protection.
5. What are the risks posed by the existing patent landscape?
Potential infringement risks arise if competitors hold patents on similar compounds or methods. Conversely, weak claims or narrow scope may invite generic challenges or patent invalidation.
References
[1] Patent Landscape Report (Current Database Search, 2022) – Similar chemical class patents.
[2] European Patent Office (EPO) Patent Register – Related patents and citations.
(Note: Actual citations should be specified once detailed patent databases are queried and analyzed.)
