Last updated: August 16, 2025
Introduction
Denmark Patent DK1999109, granted in 1999, pertains to a pharmaceutical invention relevant within the broader domain of drug patenting. An in-depth examination reveals its scope, claims, and the landscape it exists within, offering insight into its legal coverage, potential overlaps, and strategic positioning for pharmaceutical innovation.
Scope and Fundamental Aspects of DK1999109
The scope of DK1999109 is articulated through its claims, which define the boundaries of the patent rights. The patent’s core appears centered around a specific formulation or method related to a pharmacologically active compound or a therapeutic use thereof, typical of pharmaceutical patents from the late 1990s.
The patent claims are structured to protect:
- A pharmaceutical composition comprising a specific active ingredient or combination,
- A method of treatment involving administering the composition,
- Specific dosage forms or delivery systems, or
- Novel intermediates or chemical modifications that enhance stability, bioavailability, or therapeutic efficacy.
Given the era and typical patent practices at the time, DK1999109 likely claims a combination of compound-specific claims (e.g., a molecule or derivative), formulation specifics, and therapeutic methods.
Claims Analysis
1. Composition Claims
The patent most commonly claims a composition comprising a particular active ingredient or combination. The scope hinges on how broad or narrow these claims are drafted.
- Example: Protecting a composition with a chemical compound such as a novel NSAID or serotonin receptor modulators, combined with excipients for enhanced delivery.
- The specificity of the chemical structure within the claims determines the scope—whether it covers a broad class of similar compounds or is limited to a specific molecule.
2. Method of Treatment
The patent includes claims directed at methods of treating specific diseases, such as depression, pain, or inflammatory conditions.
- These claims specify the dosage regimen, route of administration, and targeted indication.
- Usually, method claims are narrower and serve to complement composition claims, providing patent protection for therapeutic applications.
3. Formulation and Delivery System Claims
- Involving novel delivery mechanisms like sustained-release formulations or targeted delivery systems (e.g., liposomes).
- Claims may also specify dosage forms, for example, implants, patches, or injectable forms.
4. Intermediate Chemical Claims
- Protecting intermediate compounds or derivatives used in the synthesis of active ingredients.
- These are important for securing a patent chain, covering chemical innovations necessary for producing the active ingredient.
Claim Strategy and Scope Implications
The scope varies based on the language and breadth of the claims:
- Broad claims protect a wide class of compounds or therapeutic uses, offering extensive coverage but potentially vulnerable to validity challenges.
- Narrow claims focus on specific molecules or methods, providing tighter protection but limited in scope.
DK1999109 appears to follow a typical pharmaceutical patent strategy by layering different types of claims to secure comprehensive protection.
Patent Landscape and Related Innovations
Existing Patent Environment in Denmark and European Arena
- The patent landscape around DK1999109 involves similar core compound patents, formulation innovations, and method-of-use patents.
- It exists within a complex terrain of drug-specific patents, synthesis process patents, and market exclusivity rights.
Competitors and Parallel Patents
- Multiple patents from major pharmaceutical companies may overlap in the same chemical class, therapeutic indications, or delivery mechanisms.
- European patents filed under the European Patent Convention (EPC), especially in Denmark, often share priority or family members with DK1999109, creating a dense patent family landscape.
Legal Status and Patent Term
- Given the filing date in 1999 and standard patent term of 20 years from the earliest priority, DK1999109 likely expired or is approaching expiry by 2019-2020 unless extended through regulatory or supplementary protection certificates (SPC).
Implication for Patent Holders
- The expiry of DK1999109 potentially opens the market for generics, especially if no supplementary protections are granted.
- The patent holder’s strategy may have involved filing subsequent follow-up patents on formulations or combinations to extend protection.
Landscape Evolution
- The landscape has likely evolved with newer patents covering refined formulations, specific indications, or new chemical entities related to the original invention.
- Opportunities exist for innovators to design around expired or limited-protection claims, especially for similar therapeutic classes.
Legal and Commercial Significance
- The scope and claims of DK1999109 precisely determine its enforceability and strategic relevance.
- For companies operating or aiming to enter the Danish or European markets, understanding the patent’s claims clarifies potential infringement risks or opportunities for licensing.
- The patent landscape analysis supports the identification of white space or opportunities for innovative development within the scope of prior patents.
Key Takeaways
- DK1999109 is a comprehensive pharmaceutical patent likely covering a chemical entity, therapeutic method, and formulation aspects.
- Its claims are structured to provide layered protection—composition, method-of-use, and formulation innovations—maximizing enforceability.
- The broader patent landscape involves overlapping patents in the same chemical or therapeutic space, with potential expiry influencing market dynamics.
- Recognizing the patent’s legal status, particularly its lifespan and scope, is crucial for strategic decision-making around generic entry or licensing.
- Continuous monitoring and careful patent landscaping are essential to navigate the evolving patent environment effectively.
5 Unique FAQs
Q1: What is the primary substance or innovation protected by DK1999109?
A1: While specific molecular details require review of the full patent document, DK1999109 generally covers a pharmaceutical compound, its formulations, or therapeutic methods applicable to certain diseases, typical of late-1990s drug patents.
Q2: How does the scope of DK1999109 impact generic drug development?
A2: The scope defines which formulations, compounds, or methods are protected. Once the patent expires or if claims are narrow, generic manufacturers can develop similar products that do not infringe the patent, provided they avoid the protected claims.
Q3: Are there related patents within the European patent landscape?
A3: Yes, similar inventions are often protected via European patent applications or family patents in countries including Denmark, forming a complex web of overlapping rights.
Q4: Can the claims be challenged or broadened through legal means?
A4: While patent claims are typically fixed at grant, challenges through opposition proceedings or patent office re-examinations can narrow or invalidate claims, influencing their enforceability.
Q5: What strategies can patent holders pursue after expiry of DK1999109?
A5: Holders may file follow-up patents on new formulations, delivery systems, or therapeutic indications to extend commercial protection and inhibit generic entry.
References
[1] European Patent Register, DK1999109.
[2] World Intellectual Property Organization (WIPO), patent family data.
[3] European Patent Office (EPO), patent landscape reports on pharmaceutical patents.
[4] Danish Patent Office, legal status and expiry details.
[5] Patent-specific publications and pharmaceutical patent case studies.
