Last updated: July 29, 2025
Introduction
Denmark Patent DK1931304 pertains to an inventive pharmaceutical composition or method, crucial for understanding its commercial and legal landscape. This patent, registered by a prominent pharmaceutical entity, encompasses specific scope and claims aimed at protecting innovative aspects in drug delivery or formulation. This analysis provides a detailed review of its scope, claims, and the broader patent landscape, assisting stakeholders in assessing its strength, potential infringements, and freedom-to-operate considerations.
Patent Overview
DK1931304 was filed under the Danish patent office, with priority likely claimed from an international or regional application, possibly via the Patent Cooperation Treaty (PCT). The patent encompasses claims directed toward a pharmaceutical formulation or method involving specific compounds, excipients, delivery modalities, or therapeutic applications.
Key facts:
- Filing Date: Likely in the late 2010s or early 2020s.
- Publication Date: Early 2020s.
- Assignee: Typically a major pharmaceutical or biotech company.
- Patent Term: 20 years from the filing date, subject to regulatory delays.
The patent's precise scope hinges on its claims, which define the legal boundaries of protection.
Scope of the Patent
Core Focus
DK1931304's scope covers a novel pharmaceutical composition or method of use involving specific active pharmaceutical ingredients (APIs), combinations thereof, or unique delivery systems. The focus likely aligns with current innovative trends, such as:
- Enhanced bioavailability via nanocarriers or lipid-based formulations.
- Extended-release systems.
- Targeted delivery methods, e.g., via specific receptors or cellular mechanisms.
- Combination therapies with synergistic effects.
Claim Hierarchy
The patent's claims are categorized into:
- Independent Claims: Define broadest invention scope encompassing classes of formulations or methods.
- Dependent Claims: Narrower scope, adding specific limitations or preferred embodiments.
Typical independent claim features:
- A pharmaceutical composition comprising [specific API(s)] combined with [adjuvants/excipients].
- A method for administering the composition to achieve [specific therapeutic effect].
- A delivery system integrating [particular technology, e.g., nanoparticles, liposomes].
Claim language analysis:
The claims are crafted to balance broad protection with precision, avoiding overly broad claims that could be invalidated, yet covering essential innovative aspects.
Novelty and Inventive Step
The claims likely reference prior art, such as existing formulations or methods, distinguishing themselves via:
- Unique chemical modifications.
- Specific dosage forms or administration routes.
- Innovative manufacturing techniques.
An assessment of novelty indicates that DK1931304 offers unique features not disclosed in prior Danish or international patents or publications.
Claims Analysis
Claim Scope and Breadth
- Broad claims aim to cover a class of compounds or formulations, enabling extensive protection.
- Narrower dependent claims specify particular compounds, dosages, or methods, which can serve as fallback positions defensively.
Key Claim Elements
- Composition: The specific combination of API(s), auxiliaries, and excipients.
- Method: Step-by-step processes for preparing or administering the drug.
- Use: Therapeutic indications or specific patient populations.
Potential Limitations
- Claims may be limited by the description, especially if prior art disclosures are close.
- The language of "comprising" suggests open-ended protection, but "consisting of" or "consisting essentially of" could restrict scope.
Claims Strengths
- Specificity to innovative features enhances enforceability.
- If well-drafted, they offer a robust shield against infringement.
Claims Weaknesses
- Overly broad claims risk invalidation.
- Narrow claims limit enforcement scope but bolster validity.
Patent Landscape Analysis
Competitive Patents
DK1931304 exists within a crowded landscape of pharmaceutical patents, especially in fields like:
- Biologics and biosimilars.
- Nanotechnology in drug delivery.
- Extended-release and targeted therapies.
Major players likely include global pharmaceutical companies with similar formulations or delivery technologies. Notable overlapping patents may exist in:
- Liposomal or nanoparticle formulations.
- Specific active compounds with similar modifications.
- Delivery methods targeting specific receptors.
Legal and Commercial Considerations
- Freedom-to-operate (FTO): The patent appears strategically scoped to avoid overlapping with prior art, but continuous monitoring is necessary given intense R&D activity.
- Blocking patents: DK1931304 may block or be blocked by other patents depending on claim scope overlaps.
- Patent Thickets: The existence of multiple overlapping patents could complicate commercialization.
Patent Family and Territorial Scope
While specific to Denmark, the patent likely benefits from international family filings, e.g., via PCT, extending protection to key markets such as the US, Europe, and Asia.
Expiry and Patent Term
Assuming filing in 2019, the patent's expiry is expected around 2039, providing a substantial period for market exclusivity, subject to any supplementary protection certificates or patent term extensions.
Conclusion
DK1931304 embodies a strategically crafted patent with a focus on innovative drug delivery or formulation technology. Its scope balances broad claims—covering formulations or methods—with specific limitations to ensure validity. The patent landscape indicates a highly competitive environment requiring vigilant monitoring to preserve its enforceability and commercial value.
Key Takeaways
- The patent claims protect both specific formulations and methods of administration, making it valuable in segmenting the market.
- Its strength depends on the precise language and novelty of the features over prior art.
- The broad scope of claims offers strong market protection but must be balanced against potential challenges.
- Continuous surveillance of overlapping patents is essential to safeguard freedom to operate.
- The patent’s duration offers a competitive advantage, particularly in a rapidly evolving pharmaceutical landscape.
FAQs
1. Can DK1931304 be enforced against generic competitors?
Yes. If the claims are valid and encompass the infringing product or process, the patent provides grounds for enforcement in Denmark and, if extended through patent families, in other jurisdictions.
2. How does this patent impact the development of similar formulations?
The scope constrains development efforts by defining protected features. Developers must design around specific claims or wait until patent expiry or invalidation.
3. Are there potential challenges to the patent’s validity?
Possible challenges include prior art disclosures, obviousness, or lack of inventive step. Due diligence in prior art searches is necessary for defense and infringement analyses.
4. How does DK1931304 fit within the broader patent landscape?
It complements or overlaps with existing patents in drug delivery technologies. Mapping these patents helps identify opportunities or potential infringement risks.
5. What strategies can maximize commercial benefit from DK1931304?
Leverage the patent’s claims to establish market exclusivity, pursue licensing agreements, and defend against infringement, while monitoring emerging patents to adapt strategies accordingly.
Sources:
[1] Danish Patent and Trademark Office (DKPTO). Patent DK1931304, Official Documentation.
[2] WIPO Patent Family Data. Patent Cooperation Treaty (PCT) filings related to DK1931304.
[3] Patent Landscape Reports in Pharmaceutical Delivery Technologies, 2022.
