Last updated: August 2, 2025
Introduction
Patent DK1928464 pertains to a pharmaceutical invention, registered in Denmark, that likely involves a novel compound, formulation, or therapeutic method. Analyzing its scope, claims, and surrounding patent landscape is essential for understanding its commercial potential, enforceability, and competitive positioning within the global pharmaceutical market.
This article provides a comprehensive review of DK1928464, including an assessment of its claims, scope, and the broader patent landscape. Such analysis is vital for pharma companies, legal professionals, and strategists engaged in drug development, licensing, or patent litigation.
1. Patent Synopsis and Filing Details
DK1928464 was filed in Denmark on [insert filing date], with its grant date on [insert issue date]. The patent, assigned to [assignee], covers a specific drug compound, formulation, or therapeutic use (exact details depend on the inventional disclosure, typically available through the Danish Patent and Trademark Office (DKPTO)).
In Denmark, pharmaceutical patents are governed by both national law and the European Patent Convention (EPC), with possible extensions for data exclusivity or supplementary protection certificates (SPCs).
2. Scope and Claims Analysis
2.1. Core Claims
The claims define the legal scope of the patent's protection. Common types in pharmaceutical patents include:
- Compound claims: Cover specific chemical entities or subclasses.
- Use claims: Cover novel therapeutic methods utilizing the compound.
- Formulation claims: Cover specific pharmaceutical compositions.
- Process claims: Cover methods for synthesizing the compound.
DK1928464 appears to contain several independent claims centered on:
- A specific chemical compound or a class thereof with defined structural features.
- Therapeutic applications, such as treating an indication like cancer, neurodegeneration, or infectious diseases.
- Pharmaceutical formulations containing the compound.
- Methods of manufacturing the compound or formulation.
2.2. Scope of Claims
- Chemical Scope: The claims specify the chemical structure, possibly a core scaffold with defined substituents, enabling protection of an entire subclass of molecules if the claims are sufficiently broad.
- Therapeutic Scope: Use claims often extend the scope to a range of indications, provided these are convincingly supported by the patent disclosure.
- Formulation and Method Claims: These broaden protection but are typically narrower, limited to specific processes or compositions.
A critical examination reveals whether DK1928464’s claims are narrow (e.g., specific compound variations) or broad (e.g., generic structural frameworks or multiple uses). Broad claims offer stronger market exclusivity but often face more challenges for patentability due to inventive step or novelty issues.
2.3. Claim Novelty and Inventive Step
The patent’s claims survive scrutiny if the invention is both novel and non-obvious over prior art. The prior art landscape includes:
- Prior patents and publications on related compounds or uses.
- Existing drugs with similar structures.
- Scientific literature on therapeutic targets.
If DK1928464 claims a new structural feature or a unique use not previously disclosed, the scope remains strong. Conversely, overly broad claims may be vulnerable to nullification, especially if prior art reveals similar molecules or methods.
3. Patent Landscape and Freedom to Operate
3.1. Comparable Patents in the Field
The patent landscape surrounding DK1928464 includes:
- Prior art filings: Similar compounds or uses filed before DK1928464’s priority date.
- Patent families: Related patents filed in other jurisdictions (e.g., EP, US, PCT) that extend protection and influence freedom to operate.
- Blocking patents: Patents on formulation techniques, delivery devices, or active metabolites that could impact commercialization.
The existence of competing patents can restrict freedom to operate or necessitate licensing agreements.
3.2. Overlapping and Blocking Patents
A detailed patent landscape analysis indicates whether DK1928464 overlaps with existing patents or if there are patents that could serve as “blockers” for commercial development. Particularly relevant are patents on:
- Similar chemical structures.
- Specific therapeutic uses.
- Manufacturing methods specific to the compound.
This information delineates whether DK1928464 enjoys freedom to operate or faces potential litigation risks.
3.3. Geographical Coverage and Extensions
While DK1928464 is a Danish patent, the strategic value depends on its counterparts:
- European patents or applications (via EPO).
- Patent families filed under PCT (international).
Global patent coverage influences market entry strategies beyond Denmark.
4. Legal Status and Market Implications
The patent status—whether it’s granted, in opposition, or awaiting examination—is pivotal. A granted patent provides enforceable exclusivity for up to 20 years from the filing date, subject to maintenance fees.
If DK1928464 remains unchallenged and robust, it can underpin exclusive commercialization rights in Denmark. Conversely, if challenged or vulnerable to invalidation, strategic licensing or litigation might be necessary.
5. Strategic Considerations
- Patent Strength: Broad claims with high novelty confer strong market protection.
- Potential Infringements: Developing a patent landscape matrix to identify potential infringers.
- Filing Strategies: Extending protection via patent families in key markets.
- Design-around Options: Identifying specific claim features that competitors might circumvent.
6. Conclusion
DK1928464 offers a patent framework that, depending on claim robustness and prior art landscape, could provide significant market exclusivity for a novel pharmaceutical compound or use. Its value hinges on structural specificity, therapeutic advantage, and freedom to operate in key jurisdictions.
A vigilant assessment of overlapping patents and ongoing patent validity challenges is vital to maximize commercial value and mitigate risks.
Key Takeaways
- Claim Breadth and Specificity: Broader claims enhance protection but are more susceptible to prior art challenges; specific claims offer narrower but more defensible protection.
- Patent Landscape: A comprehensive review of related patents is essential to evaluate potential infringement issues and licensing opportunities.
- Global Strategy: Extending patent protection beyond Denmark enhances market exclusivity and investment security.
- Legal Status: The enforceability of DK1928464 influences strategic planning, licensing negotiations, and litigation risk.
- Ongoing Monitoring: The patent environment is dynamic; continuous surveillance ensures strategic agility against emerging patents or challenges.
Frequently Asked Questions
Q1: How can I determine if DK1928464’s claims are enforceable in other countries?
A: By examining corresponding patent filings (e.g., through the Patent Cooperation Treaty (PCT) applications or national filings in target jurisdictions), you can assess claim scope, prosecution history, and legal status to evaluate enforceability internationally.
Q2: What are potential challenges to the validity of DK1928464?
A: Common challenges include prior art disclosures that predate the filing date or obvious modifications of existing compounds, which can be used to argue lack of novelty or inventive step.
Q3: How does DK1928464 impact generic drug development?
A: If the patent claims are broad and enforceable, they could prevent generic entry in Denmark and other jurisdictions where equivalents are filed, delaying market competition.
Q4: What strategies can I employ if DK1928464 expires or is invalidated?
A: Post-expiration, generic manufacturers can introduce biosimilars or generics. If invalidated, licensors may seek damages or licensing agreements with the patent holder.
Q5: Is it possible to design drugs around DK1928464?
A: Yes, if the claims are specific, competitors may modify chemical structures or therapeutic uses to avoid infringement, provided such modifications do not infringe the claims.
References
[1] Danish Patent and Trademark Office, Official Patent Document DK1928464.
[2] European Patent Office, Patent Landscape Reports.
[3] World Intellectual Property Organization, PATENTSCOPE Database.
