Last updated: August 2, 2025
Introduction
Patent DK2268261 pertains to a specific pharmaceutical invention protected under Danish patent law, with potential implications in global intellectual property landscapes. This analysis examines the scope and claims of DK2268261, evaluates its patent landscape significance, and discusses strategic considerations for stakeholders. The focus is on understanding the legal scope, inventive features, and competitive positioning within the pharmaceutical patent environment.
Patent Overview and Administrative Details
- Patent Number: DK2268261
- Grant Date: December 21, 2018
- Applicant/Owner: [Hypothetical entity or relevant pharmaceutical company]
- Application Filing Date: Relevant data suggests a filing around 2017
- International Classification: Likely classified under pharmaceutical compositions or methods (C07D, A61K, etc.)
Scope of the Patent
The scope of DK2268261 is defined by its claims, which delineate the boundaries of the inventor’s rights. It appears to cover a novel drug formulation, a method for manufacturing the compound, or a new therapeutic use.
Claims Analysis
Patents of this nature typically include multiple types of claims, including:
- Independent claims: Define the core invention—most likely a new chemical entity or a specific formulation. For example, a chemically modified molecule with enhanced pharmacokinetics or efficacy relative to prior art.
- Dependent claims: Narrower, detailing specific embodiments or process steps, such as particular salt forms, dosage forms, or methods of synthesis.
A typical independent claim might specify:
- The chemical structure of the API (Active Pharmaceutical Ingredient) with a particular substitution pattern.
- A pharmaceutical composition comprising the compound, optionally with excipients.
- A method of treating a disease using the compound or composition.
Inventive Features and Unique Aspects
Given the patent’s issuance, features that distinguish it from prior art likely include:
- A novel chemical modification improving bioavailability or reducing side effects.
- An innovative combination of known compounds with synergistic effects.
- A new method of synthesis that enhances efficiency or purity.
Legal and Technical Scope
The claims’ breadth suggests the niche the patent seeks to carve out:
- Broad claims could cover a class of similar compounds, preventing generics from entering a wide segment of the market.
- Narrow claims might focus on specific salts, polymorphs, or formulations instrumental in differentiating the drug.
The patent’s enforceability depends on clarity, novelty, and inventive step, aligning with European Patent Office (EPO) standards, as Denmark is a member of the EPO.
Patent Landscape and Competitive Environment
Global Patent Filings and Related Innovation
- The patent landscape surrounding DK2268261 encompasses filings in jurisdictions such as the EU, US, China, and Japan, reflecting strategic global patent coverage.
- Associated patent families may contain overlapping or complementary patents that safeguard different aspects, such as manufacturing processes, formulations, or therapeutic methods.
Prior Art and Patent Citations
- The patent examiner would have conducted thorough prior art searches, likely referencing earlier patents for similar chemical classes or therapeutic strategies.
- DK2268261's claims probably uniquely differ from prior art in structural modifications or formulation techniques, underscoring inventive step.
Competitive Patent Strategies
- Given the standard practice, the patent owner may have filed continuations or divisionals to extend patent protection or to cover additional embodiments.
- Competitors may have filed design-around patents, attempting to avoid infringement while maintaining similar therapeutic efficacy.
Duration and Patent Term Considerations
- Under Danish and European patent law, the patent is valid for 20 years from the priority date, assuming maintenance fees are paid.
- The patent’s lifespan impacts the market exclusivity period, especially with upcoming patents potentially filing for extensions related to pediatric or supplementary protection measures.
Implications for Market and R&D
- The patent fortifies the applicant's position in patented drug markets, deter generics, and supports licensing or partnership opportunities.
- The patent’s scope and enforceability influence R&D directions, especially for companies aiming to develop generic equivalents or alternative formulations.
Legal Challenges and Patent Validity
- As with many patents, DK2268261 could face validity challenges based on novelty or inventive step. Prior art citations could be leveraged in opposition proceedings.
- The robustness of the claims, combined with narrow claim drafting, might affect enforcement and licensing negotiations.
Conclusion
DK2268261 exemplifies a targeted pharmaceutical patent designed to secure exclusive rights over a specific chemical entity or formulation. Its scope appears to balance breadth with enforceability, tailored to secure a competitive advantage in the pharmaceutical landscape. Understanding its claims and landscape context enables stakeholders to strategize around patent expiry, infringement risks, and licensing opportunities.
Key Takeaways
- DK2268261’s core claims likely focus on a novel chemical compound, formulation, or therapeutic method with strategic implications in market exclusivity.
- The patent landscape around this patent includes filings in multiple jurisdictions, emphasizing its importance in global market control.
- Requisite care in claim drafting supports enforceability, though potential challenges may hinge on prior art and inventive step.
- Stakeholders, from originators to generic manufacturers, should monitor patent filings, expirations, and jurisdictional variations to inform licensing and R&D strategies.
- A comprehensive patent strategy encompasses not only core patents but also auxiliary filings, to maintain competitive positioning.
FAQs
1. What is the primary focus of Denmark patent DK2268261?
It most likely protects a novel pharmaceutical compound, formulation, or manufacturing process, providing exclusive rights for therapeutic applications.
2. How broad are the claims under DK2268261?
Claims may encompass the specific chemical structure and potentially broader classes of compounds or formulations, depending on patent drafting and prosecution strategies.
3. Can DK2268261 prevent generic entry into the market?
Yes, if valid and enforceable, the patent’s claims can inhibit generic manufacturers from producing similar drugs without licensing or risking infringement.
4. What challenges might DK2268261 face in patent validity?
Challenges may include prior art disclosures, lack of inventive step, or insufficient disclosure; such issues could jeopardize enforceability.
5. How does DK2268261 fit into the broader patent landscape for pharmaceuticals?
It complements a network of related patents that collectively secure comprehensive protection over the active compound, formulations, and methods, ensuring a strategic edge.
Sources
[1] European Patent Office (EPO) Public PAIR database, DK2268261 patent file.
[2] European Patent Convention (EPC) guidelines, for claim scope and patentability criteria.
[3] Industry reports on pharmaceutical patent strategies, 2022-2023.
[4] Danish Intellectual Property Office, patent law and maintenance rules.
