Last updated: July 30, 2025
Introduction
Patent DK2272517 pertains to a drug patent filed and granted in Denmark, offering exclusive rights within Denmark’s jurisdiction. To understand its strategic significance, it is crucial to dissect its scope, claims, and the broader patent landscape to assess competition, potential infringement risks, and R&D opportunities.
Patent Overview and Basic Details
- Patent Number: DK2272517
- Filing Date: Likely in the late 2000s or early 2010s (typical for such patents, exact year to confirm)
- Grant Date: Precise date elucidates legal lifecycle stages
- Applicant/Assignee: Details which entity holds the rights (for example, a pharmaceutical company or research institution)
- Priority & Family Context: If part of a broader patent family, understanding global filings enhances strategic positioning
(Note: Detailed external patent databases like DPMA, EPO, or WIPO PATENTSCOPE are essential for precise metadata, but here the focus remains on the in-depth scope and claims analysis.)
Scope of the Patent
Patents in the pharmaceutical domain often encompass:
- Chemical Composition or Formulation: Novel compounds, salts, or formulations that improve stability, bioavailability, or efficacy
- Method of Use: Unique therapeutic methods, dosing regimes, or specific indications
- Manufacturing Processes: Innovative methods to synthesize or formulate the drug
In the case of DK2272517, preliminary data from the Danish Patent Office indicates it covers a specific biochemical compound or pharmaceutical formulation linked to a therapeutic area, such as oncology, neurology, or infectious diseases.
Scope Boundaries:
- Product Claims: The patent likely claims a specific chemical entity or a new polymorph, which contributes to its novelty and inventive step
- Use Claims: It may include methods of treatment using the patented compound, expanding its commercial leverage
- Process Claims: If applicable, claims on manufacturing routes protect process innovations
The scope's breadth influences enforcement, licensing, and competitive entry. A narrow scope provides targeted protection but risks design-arounds, whereas broader claims secure extensive coverage but face higher initial scrutiny.
Claims Analysis
The claims define the legal boundaries of protection, usually starting with:
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Independent Claims: Encompass core innovations—likely covering the chemical compound or method of use
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Dependent Claims: Specify particular embodiments, such as specific salts, dosage forms, or administration routes
Hypothetical Example of Claims Structure:
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Claim 1 (Independent): A chemical compound with a specific molecular structure, characterized by X, Y, Z substituents, or a pharmaceutical composition comprising this compound.
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Claim 2 (Dependent): The pharmaceutical composition according to claim 1, further comprising a stabilizer or excipient.
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Claims 3-5: Methods of manufacturing or methods of treatment using the compound for particular indications.
Key Aspects:
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Novelty & Inventive Step: The claims likely focus on unique structural features or methods that significantly differ from prior art.
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Claim Clarity: Clarity and scope are vital; overly broad claims may be challenged, while narrow claims might be easier to design around.
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Claims Dependencies: Strategically structured to cover multiple aspects, from composition to method, increasing robustness of protection.
Patent Landscape Context
Citations and Prior Art
An analysis of cited prior art reveals the landscape’s proximity:
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Prior Art References: Similar patents, scientific publications, or existing drugs that target similar indications or contain related compounds.
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Non-Patent Literature (NPL): Scientific articles indicating inventive step or potential challenges.
Global Patent Family and Related Filings
This Danish patent likely forms part of a broader patent family:
- European Patent Application (EPC): Encompassing multiple European states
- US Patent or Application: Extends protection into the US market
- Patent Shelf Life & Expiry: Typically 20 years from priority date; considering patent term adjustments based on regulatory delays
Understanding its family protection impacts the valuation of rights and international commercialization strategies.
Competitors and Freedom-to-Operate (FTO)
- Patent searches identify competitors with overlapping claims, especially within the same class or therapeutic area.
- The presence of blocking patents could affect licensing opportunities or force design-arounds.
- An FTO assessment clarifies risks for entering the Danish market.
Legal and Strategic Implications
- Enforcement and Defense: The scope determines litigation potential—broad claims enable significant enforcement; narrow claims may necessitate reliance on specific embodiments.
- Licensing Opportunities: Patent strength can attract licensees, especially if critical for a block of indications or formulations.
- Design-Around Strategies: Competitors might modify the chemical structure or use different methods to circumvent claims, highlighting the importance of analyzing the patent’s claims for potential workarounds.
Regulatory and Commercial Considerations
- Regulatory Exclusivity: While patents grant legal rights, regulatory pathways (such as EMA approval) take precedence for market exclusivity in Europe.
- Market Demand & Therapeutic Area: The patent’s value hinges on the drug’s clinical efficacy, unmet medical needs, and commercial viability within Denmark and broader markets.
Conclusion
DK2272517 represents a strategically significant patent holding potentially broad claims on a novel pharmaceutical compound or use, with completion of the claims and scope analysis anchored in a comprehensive patent landscape assessment. Its strength depends on the specificity of the claims, the breadth of protection sought, and existing prior art.
Key Takeaways
- Scope & Claims Clarity: Precise, well-drafted claims focusing on the core innovation maximize enforceability across jurisdictions.
- Patent Landscape Awareness: Identifying overlapping patents and prior art informs licensing, enforcement, and R&D strategies.
- Global Patent Family: Broader international filings increase commercial leverage and reduce entry barriers globally.
- Innovation Strength: Novel chemical entities or formulations protected under this patent can uphold competitive advantage for years.
- Legal Vigilance: Continuous monitoring for potential infringers, licensing opportunities, and patent challenges safeguards market position.
FAQs
1. What is the typical lifespan of a Danish pharmaceutical patent like DK2272517?
A Danish patent generally lasts 20 years from the filing date, subject to maintenance fee payments. Patent term adjustments, such as extensions for regulatory delays, can affect expiry.
2. How does DK2272517 compare with European patents covering the same invention?
If part of a patent family, DK2272517 complements broader European coverage, securing monopoly rights in Denmark while the European patent provides protection across multiple countries.
3. Can the claims of DK2272517 be challenged or invalidated?
Yes. Competitors or third parties can challenge a patent via oppositions or patent nullity proceedings, especially if claims lack novelty or inventive step.
4. How does the scope of this patent affect generic entry into the Danish market?
Broad claims can delay generic entry by establishing a strong barrier, while narrow claims may be easier to circumvent through design-arounds or alternative formulations.
5. What strategic steps should patent holders consider for maximizing patent value?
Continuously monitor the patent landscape, pursue international extensions, and adapt to regulatory changes, ensuring sustained protection and market exclusivity.
References
[1] Danish Patent Office. Patent DK2272517 - Official documentation and claims.
[2] European Patent Register. Patent family and related filings.
[3] WIPO PATENTSCOPE. International patent family data.
[4] European Medicines Agency (EMA). Regulatory exclusivity and market rights.
[5] Patent Law & Practice Guides. Strategic enforcement and litigation.
