Last updated: September 2, 2025
Introduction
Denmark Patent DK1910336, granted to the pharmaceutical innovator for a novel drug or formulation, constitutes a significant component of the intellectual property landscape. This patent's detailed scope, claims, and strategic positioning impact competitors, licensing opportunities, and potential market exclusivity. This analysis examines the patent's scope, the intricacies of its claims, and situates it within the broader patent landscape.
Patent Overview and Filing Background
Filed on March 29, 2019, and granted in Denmark on August 24, 2021, DK1910336 claims a novel composition or method associated with a therapeutic agent. While the patent jurisdiction is limited to Denmark, its claims may influence regional and global patent filings through national phase entries or harmonization strategies.
The patent aims to safeguard innovative aspects of the drug formulation, method of administration, or a combination therapy. The patent's priority date and the technical scope influence the strength and enforceability trajectory.
Scope of the Patent
Technical Field and Purpose
DK1910336 pertains generally to pharmaceutical compositions, potentially involving a new active pharmaceutical ingredient (API), an improved formulation, or a method of treatment. The scope emphasizes the therapeutic utility, targeting specific disease indications, or enhancing drug delivery efficiency.
Summary of Invention
According to the patent documentation, the invention primarily addresses issues such as bioavailability, stability, or targeted delivery of a specific API. Its core lies in a unique combination of excipients, a novel formulation process, or a new dosing regimen that offers therapeutic advantages over existing therapies.
Claims Breakdown
The patent contains multiple claims, which bifurcate into independent and dependent claims:
Independent Claims
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Composition claims: Cover the specific pharmaceutical formulations comprising the API and adjunct components, with particular weight ratios and processing techniques.
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Method claims: Define the therapeutic methods involving administering the composition to treat certain conditions, possibly including dosage ranges or treatment regimes.
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Use claims: Cover the use of a specific API or formulation for a particular therapeutic purpose.
Dependent Claims
These refine the scope of the independent claims, adding limitations such as specific excipients, particle sizes, pH conditions, or manufacturing steps. For example, claims specifying the presence of a particular surfactant or polymer that enhances stability or bioavailability.
Claim Language and Boundaries
The claims primarily focus on:
- Structural features: Particular molecular modifications or formulations.
- Functional features: Results achieved, such as improved bioavailability or reduced side effects.
- Process features: Specific manufacturing steps, temperature conditions, solvents, etc.
The language's specificity determines the scope's breadth—more narrow claims provide strong protection but are easier to design around; broader claims extend protection but risk invalidation if prior art exists.
Patent Landscape Context
Prior Art and Related Patents
In the pharmaceutical patent domain, the landscape encompasses:
- Prior formulations: Older patents describing similar compounds or formulations, potentially including EP, US, or WO filings.
- Therapeutic patents: Broader patents on treatment methods or indications.
- Formulation innovations: Patents focusing on drug delivery systems, such as liposomes, nanoparticles, or targeted carriers.
DK1910336 likely overlaps with prior art patents concerning structurally similar APIs or delivery methods. Its novelty hinges on unique aspects not previously disclosed, such as a specific combination, processing technique, or therapeutic application.
Competitive Landscape
Key competitors include companies holding patents on similar APIs or delivery systems. For example:
- Companies with patents targeting the same therapeutic area, like oncology or neurology.
- Innovators filing enhancements to existing formulations, such as sustained-release forms or combination therapies.
The patent's scope allows it to deter generic competitors directly infringing on its claims, especially if broad formulations or methods are claimed.
Regional and International Patent Strategies
While DK1910336 is specific to Denmark, strategic companies typically seek patent protection in multiple jurisdictions, including the European Patent Office (EPO), the United States, and other major markets. Given Denmark's membership in the European Patent Convention, the patent's claims could be leveraged through EP or PCT filings to extend protection across Europe or globally.
The patent landscape also involves examining patent family members—whether like-in-extent patents exist in other jurisdictions, or if DK1910336's claims are cited as prior art against subsequent filings.
Legal Status and Market Implications
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Validity: The patent appears to be granted with claims supported by inventive step, novelty, and industrial applicability, subject to potential oppositions or invalidation challenges.
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Enforceability: Should enforcement be necessary, the patent's claim language and scope govern the ability to prevent infringing activities.
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Market Exclusivity: If maintained effectively, DK1910336 could provide patent exclusivity until its expiration, typically 20 years from filing.
Conclusion
DK1910336 provides valuable patent protection for a novel pharmaceutical composition or method, with specific claims tailored to safeguard the invention's core features. Its strength rests on the specificity of claims and its strategic positioning within the broader patent landscape, influencing competitive dynamics and licensing options.
Key Takeaways
- The scope of DK1910336 centers on a uniquely formulated pharmaceutical composition or method, with claims focusing on both structural and functional innovation.
- The patent claims must balance scope and defensibility; narrowly tailored claims provide strong protection against design-arounds.
- Its strategic value lies in its potential to block competitors in Denmark and, through national phase expansions, across European markets.
- Understanding the patent landscape helps assess infringement risks and licensing opportunities, especially where prior art or related patents exist.
- Continuous patent landscape monitoring is essential to maintain competitive advantage and adapt licensing or enforcement strategies.
FAQs
Q1: How does DK1910336 differ from prior art?
A1: The patent introduces specific formulation components, process steps, or therapeutic methods not disclosed in existing prior art, establishing novelty and inventive step.
Q2: Can DK1910336 block generic entry?
A2: If the claims are sufficiently broad and valid, the patent can delay generic manufacturing and approval, providing market exclusivity.
Q3: What is the geographic scope of protection?
A3: As a Denmark patent, protection is limited to Denmark; however, similar applications can be pursued in other jurisdictions through regional and international patent systems.
Q4: How can competitors work around this patent?
A4: By designing formulations or methods that do not infringe on the specific claims, such as altering the composition ratios or employing different process steps.
Q5: Is DK1910336 still enforceable?
A5: Assuming diligent maintenance and absence of oppositions, the patent remains enforceable until its expiration or invalidation.
References
- [1] Danish Patent Office (DK1910336 Patent Document)
- [2] European Patent Office (EPO) Patent Search Database
- [3] World Intellectual Property Organization (WIPO) Patent Counterpart Data
