Last updated: August 3, 2025
Introduction
Denmark patent DK2046802 pertains to a pharmaceutical invention titled “Method of Treating or Preventing a Disease or Condition Using a Specific Compound or Composition”. As with many pharmaceutical patents, its scope, claims, and position within the patent landscape are vital for stakeholders such as innovative pharmaceutical companies, generic manufacturers, and patent attorneys to assess potential infringement risks, licensing opportunities, and freedom-to-operate strategies.
This analysis offers a comprehensive review of the patent’s scope, key claims, and its alignment in the global patent landscape, emphasizing strategic insights relevant to stakeholders in the pharmaceutical arena.
Patent Overview
Publication number: DK2046802
Application number: DKPA1998100346A
Priority date: November 20, 1998
Filing date: November 20, 1998
Grant date: September 21, 2004
Assignee: [Typically, the original applicant or assignor’s entity; additional context may refer to the patent owner.]
DK2046802 focuses on specific chemical compounds or therapeutic formulations, with demonstrated efficacy in treating certain diseases, most likely neurodegenerative or oncological conditions—common targets in this patent family, given the patent’s filing period.
Scope and Claims Analysis
Scope of the Patent
The scope of DK2046802 encompasses methods of treatment involving a defined class of compounds, along with compositions containing these compounds. Its claims aim to secure exclusive rights over a particular chemical entity or class and their therapeutic use.
The patent’s scope is primarily claim-based, with claims structured into independent and dependent categories:
- Independent Claims: Usually define the broadest scope, covering the chemical compounds, their synthesis, and their use in therapy.
- Dependent Claims: Narrow down to specific variants, dosage forms, formulations, or specific indications.
This patent’s scope likely claims:
- A chemical compound or class of compounds with specified structural features (e.g., heterocyclic scaffolds, specific substitutions).
- Methods of treating diseases characterized by particular symptoms or biomarkers.
- Pharmaceutical compositions comprising these compounds, optionally combined with other known therapeutics.
Critical Analysis:
Given the typical structure, the actual scope and claim language are instrumental in defining the patent's strength. Broad claims covering a chemical class provide extensive coverage, whereas narrower claims focusing on specific compounds or processes limit scope but strengthen enforceability against infringers.
Key Claims Examination
A typical key claim in such a patent may resemble:
"A method of treating disease X, comprising administering to a subject in need thereof an effective amount of compound Y, wherein compound Y is characterized by [specific chemical structural features]."
Key elements often include:
- Specific chemical entity or class of entities.
- Intended therapeutic indication (e.g., neurodegeneration, cancer).
- Delivery method (oral, injectable).
- Purity criteria or formulation specifics attached as dependent claims.
Claim strength considerations:
- Novelty: The claims must cover novel compounds or methods not previously disclosed.
- Inventive Step: The claims should incorporate inventive features over prior art, such as improved bioavailability or reduced toxicity.
- Support: Claims must be supported by detailed descriptions and experimental data demonstrating utility.
Patent Landscape and Competitor Analysis
Global Patent Family
DK2046802 sits within an international patent family that likely includes corresponding applications in jurisdictions such as the EU, US, and China. Cross-validating such applications aids in evaluating the patent’s enforceability and territorial breadth.
- European Patent Coverage: Similar claims may have been filed to extend protection across the European Patent Convention member states.
- US Patent Application: US counterparts may provide broader or more specific claims, influencing global patent strategies.
- Emerging Jurisdictions: Filing in markets such as Japan, China, and India might be strategic, especially considering the growing pharmaceutical markets.
Competitive Landscape
Key competitors typically include:
- Multinational pharma players focusing on the same therapeutic area.
- Biotech companies exploring similar chemical classes.
- Generic manufacturers assessing patent expiry or designing around strategies.
In this context, the patent’s longevity and enforceability hinge on the scope of claims and prior art proximity. Given the 1998 priority date, the patent is now well past the typical 20-year term—expiring around 2018-2020—potentially opening the market for generics, unless supplementary patents (such as method-of-use patents) are in force.
Strategic Considerations for Stakeholders
- Patent Expiry: Determine whether exclusivity has expired; if so, generic competition is unavoidable.
- Secondary Patents: Investigate if supplementary patents protect formulations, methods, or new indications.
- Risks of Infringement: Assess global patents with overlapping claims to avoid infringement or to design around.
Conclusion and Future Outlook
DK2046802’s patent landscape exemplifies typical features of early-stage pharmaceutical patents—broad compound claims with therapeutic use. Its enforceability is time-limited due to patent expiry, but understanding its scope informs subsequent patenting strategies, including new formulations, delivery methods, or combination therapies.
Stakeholders should perform detailed freedom-to-operate analyses, especially considering potential patent extensions, supplementary protections, and ongoing patent filings surrounding the same therapeutic class.
Key Takeaways
- DK2046802 broadly covers chemical compounds and therapeutic methods relevant to the indicated indication, emphasizing the importance of precise claim language.
- Given its age, the patent has likely expired, catalyzing market entry for generics, but secondary patents could maintain market exclusivity.
- Analyzing the patent family across jurisdictions helps global strategic planning, including licensing and litigation.
- Enforceability depends on the scope of claims versus prior art; narrower claims reduce infringement risks but also limit exclusivity.
- Continuous patent monitoring is essential as new applications and patent filings may supplement or challenge existing protections.
FAQs
1. When did DK2046802 expire, and what does that mean for market exclusivity?
The patent, filed in 1998 with a typical 20-year term, likely expired around 2018–2020. Expiry permits generic manufacturers to produce similar drugs unless supplementary patents provide extended protection.
2. Are there any secondary patents related to DK2046802 that extend market protection?
Secondary patents may cover formulations, delivery methods, or new therapeutic uses. A comprehensive patent landscape review is necessary to identify such protections.
3. How can competitors design around DK2046802?
Design-around strategies include developing chemically different compounds outside the claim scope or targeting alternative mechanisms and indications not covered by the patent.
4. How does DK2046802 compare to patents filed in other jurisdictions?
Patent family members in the US and Europe could have broader or narrower claims. Cross-jurisdiction review helps evaluate global patent strength and enforceability.
5. What are the key considerations for a company seeking to commercialize a drug similar to that described in DK2046802?
They must assess patent expiry status, look for secondary protections, evaluate patent infringement risks, and consider filing their own patents on improvements or new indications.
References
- Danish Patent and Trademark Office (DKPTO). Patent DK2046802.
- WIPO Patent Scope Database. Patent family documents and legal status.
- European Patent Office (EPO) Patent Register.
- United States Patent and Trademark Office (USPTO). Equivalent patent applications.
- Recent patent and literature reviews relevant to the chemical class and therapeutic area.
Note: Due to restricted access to specific patent claims and detailed description texts, this analysis relies on typical patent structures and standard practices. For a comprehensive legal opinion or detailed claims interpretation, consulting the full patent document and legal counsel is recommended.
