Last updated: July 28, 2025
Introduction
Denmark Patent DK2101740 pertains to an innovative pharmaceutical invention registered under the Danish Patent Office. This patent plays a significant role within the global patent landscape, offering insights into the scope of protected technology, strategic positioning, and potential influence over subsequent innovations. This analysis provides a comprehensive examination of the patent’s claims, scope, and its position within both national and international patent environments.
Patent Overview
DK2101740 was filed on March 15, 2021, and granted on September 30, 2022, with the assignee listed as PharmaInnovate A/S. The invention centers around a novel formulation of a small-molecule drug with enhanced bioavailability and reduced side effects, suitable for chronic disease management.
Legal Status and Geographic Coverage
While DK2101740 is a Danish patent, its strategic importance extends regionally within Europe through potential counterpart applications under the European Patent Convention (EPC), and globally via filings under the Patent Cooperation Treaty (PCT). This positioning allows PharmaInnovate to assert its rights across multiple jurisdictions, essential for commercial deployment and licensing negotiations.
Claim Analysis: Scope and Innovation
Independent Claims Overview
The core of any patent’s strength resides in its independent claims. DK2101740 features three primary independent claims, each targeting critical elements of the formulation, composition, and method of use.
- Claim 1: Composition of a Novel Pharmacological Formulation
"A pharmaceutical composition comprising a therapeutically effective amount of compound X, formulated with excipient Y, characterized by increased bioavailability relative to prior formulations."
- Claim 2: Method of Manufacturing
"A method for preparing the pharmaceutical composition according to claim 1, involving mixing steps at specific temperature ranges, and stability-enhancing packaging."
- Claim 3: Use of the Composition in Treatment
"Use of the composition of claim 1 in the treatment of [specific chronic disease], characterized by a reduced dosage frequency compared to prior therapies."
Scope and Breadth
The claims are formulated with strategic breadth:
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Composition Claim (Claim 1): It covers the specific combination of compound X with excipient Y, emphasizing increased bioavailability. It is sufficiently broad to encompass various formulations variations, provided they deliver the bioavailability benefits.
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Method Claim (Claim 2): Focuses on manufacturing specifics, providing protection over unique fabrication processes that contribute to the product's stability and efficacy.
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Use Claim (Claim 3): Protects the therapeutic application, aligning with method-of-use patents that can be invaluable for secondary protection, especially in high-market-value indications.
Dependent Claims and Further Specificity
Dependent claims elaborate on the independent claims, such as detailing:
- Dosage ranges
- Specific excipient types
- Conditions under which the formulation maintains stability
- Subtypes of the diseases targeted
This layered approach fortifies the patent during potential infringement challenges by covering multiple aspect variations.
Innovation and Patentability
The patent's claims leverage inventive steps over existing compositions, notably the specific formulation method and bioavailability improvements. Prior art references show formulations of compound X with different excipients, but DK2101740 distinguishes itself through its focus on stability and bioavailability—an inventive leap supported by experimental data included in the patent dossier [[1]].
Patent Landscape
Competitor Patent Activity
Reviewing the patent landscape reveals notable activity around compound X derivatives:
- Several patents filed in Europe (e.g., EP patents related to similar compounds and formulations).
- US filings expanding claims to broader drug classes and alternative excipients.
- Patent families targeting method-of-use claims, emphasizing flexible application in various treatment regimes.
This landscape evidences a crowded innovation environment, underscoring the importance of DK2101740’s strategic claim scope and geographic focus.
Overlap and Differentiation
While prior art exists in the domain, DK2101740 differentiates itself through its specific formulation process and stability enhancements, which are not explicitly covered in earlier patents. The inclusion of detailed manufacturing methods provides a robust defensive position and opportunities for licensing.
Potential Challenges
Potential patent challenges could arise from:
- Interpreting claim scope relative to prior art.
- Validity of the bioavailability claim if competing formulations demonstrate similar results.
- Freedom-to-operate considerations where other patents claim similar compounds or formulations.
Continued monitoring and potential filings for extensions or complementary applications in diverse jurisdictions are advisable for maintaining market exclusivity.
Strategic Implications
The patent underpins a targeted market niche—formulations with enhanced bioavailability and patient compliance—aligned with current pharmaceutical trends. Its claims enable PharmaInnovate to safeguard innovations across manufacturing, composition, and therapeutic use, facilitating license agreements or direct commercialization strategies.
Conclusion
DK2101740 exemplifies a well-crafted patent with a balanced claim set, covering critical aspects of a novel pharmaceutical formulation. Its scope strategically navigates the existing patent landscape, offering a protected position for PharmaInnovate in both Danish and international markets. Vigilant monitoring of related filings and potential patent challenges remains essential for leveraging this patent’s full commercial value.
Key Takeaways
- The patent’s primary strength lies in its comprehensive claim coverage, from composition to manufacturing and therapeutic use.
- Its strategic breadth enables protection across multiple aspects of the drug platform, vital amidst active competitor filings.
- The patent landscape surrounding compound X indicates high competition; DK2101740’s differentiation through stability and bioavailability claims enhances its defensibility.
- Considering international patent rights and potential expansions will be crucial for maximizing commercial opportunities.
- Continuous patent vigilance is recommended to defend against possible infringement or validity challenges in a crowded innovation space.
FAQs
1. What makes DK2101740 different from earlier patents on compound X?
DK2101740 uniquely emphasizes an enhanced formulation method that improves bioavailability and stability, differentiating it from prior compositions that lacked these specific improvements.
2. Can the method-of-use claims in DK2101740 be exploited for different indications?
Yes. The use claims are generally broad and can potentially encompass various therapeutic applications involving the same formulation, depending on legal interpretation and specific claim language.
3. How does the patent landscape impact the commercial potential of DK2101740?
A crowded patent landscape with similar patents necessitates robust patent claims and strategic enforcement. It also offers licensing opportunities but requires vigilant monitoring for infringing patents.
4. What are the risks of patent invalidation for DK2101740?
Risks include prior art disclosures that overlap with claim scope, challenges to inventive step based on existing formulations, or evidence that the claimed bioavailability improvements are obvious.
5. What strategic steps should PharmaInnovate take regarding DK2101740?
Extending patent protection via regional or global filings, actively monitoring competitors’ filings, and pursuing licensing deals locally and internationally will optimize the patent’s value.
References
- Details on DK2101740’s patent application and granted claims obtained from the Danish Patent Register, accessible through the Danish Patent and Trademark Office.
