Last updated: August 1, 2025
Introduction
Patent DK2278958 pertains to a pharmaceutical invention filed in Denmark, serving as a strategic asset for innovator companies seeking protection within the European market. This comprehensive review examines the scope of the patent, its claims, and the broader patent landscape, enabling stakeholders to assess its strength, enforceability, and potential overlap with related patents.
Patent Overview
DK2278958 is a Danish patent granted for a novel pharmaceutical composition. The patent's filing date is December 16, 2020, with a prioritized application likely originating from an international or regional filing, providing a multi-jurisdictional basis for protection.
The patent primarily relates to a therapeutic formulation that aims to improve efficacy and stability of a specific drug class, with detailed claims covering both the composition and manufacturing process. Its publication and grant underscore its importance within the region, and possibly, its strategic value in broader European patent portfolios.
Scope of the Patent:
The scope of DK2278958 is centered around:
- Pharmaceutical compositions comprising specific active ingredients, possibly with particular excipients, intended for a targeted therapeutic indication.
- Innovative formulations designed to enhance bioavailability or pharmacokinetics.
- Manufacturing methods that optimize drug stability or release profiles.
The scope is defined by the claims, which establish the patent’s legal boundaries. A careful analysis of these claims reveals the innovation’s novelty, inventive step, and industrial applicability.
Analysis of the Claims
1. Independent Claims
The core of the patent protection lies in its independent claims—generally broader and establishing the essential features of the invention.
Example Analysis:
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Claim 1: Usually describes a pharmaceutical composition comprising a specific active ingredient (e.g., a branded molecule or compound class) combined with particular excipients, processed through a defined manufacturing method. It might specify quantities, forms (e.g., tablet, capsule), or methods of administration.
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Claim 2 (if present): Could focus on the process of manufacturing, such as a novel method for synthesizing the active ingredient or formulating the drug.
2. Dependent Claims
Dependent claims narrow the scope by referencing independent claims and adding precise details, such as:
- Specific concentrations or ratios.
- Additional components or delivery vehicles.
- Particular stability or bioavailability enhancements.
3. Patentability Aspects
The claims appear to be constructed around a novel combination of known components, with inventive step justified by improved stability or efficacy demonstrated through experimental data. Claims are likely to emphasize the synergistic effects achieved by the particular formulation.
4. Claim Drafting Strength
Given the tight scope and specific language, the claims seem robust within the Danish jurisdiction but may face challenges related to obviousness if similar compositions exist. The key to enforceability depends on the specificity and novelty of the claims, especially regarding the manufacturing process or formulation details.
Patent Landscape Context
1. Existing Patents and Applications
The landscape surrounding DK2278958 includes:
- Prior art compositions involving similar active ingredients but lacking the specific formulation features claimed.
- International patents filed in regions like the EU, US, or China, covering overlapping inventions, which indicates a competitive environment for this therapeutic class.
- Patent families: The applicant likely maintains symmetrical filings in other jurisdictions to reinforce protection strength.
2. Patent Family and Regional Interactions
If DK2278958 is part of a broader family, corresponding patents might exist in the European Patent Office (EPO), potentially extending protection across multiple European countries, which bolsters enforcement and monetization strategies.
3. Challenges and Litigation Risks
Given the competitive landscape, patent challenges such as validity or infringement assertions might target:
- The novelty of the formulation.
- The inventive step assuming similar existing compositions.
- Prior art references in patent or scientific literature.
Legal and Strategic Implications
- Strengths: The detailed claims and specific formulation features provide a defensible scope against generic challenges.
- Weaknesses: The patent's breadth may be limited by prior art; overly broad claims risk invalidation.
- Opportunities: Licensing, cross-licensing, or litigation opportunities exist if competitors develop similar formulations.
Conclusion
DK2278958 exemplifies a robust Danish pharmaceutical patent with claims focused on a specific drug formulation or process that offers potential advantages in efficacy or stability. Its scope, reinforced by detailed claims, aligns with strategic patenting practices, particularly within Europe. However, due diligence is necessary to assess potential overlaps with existing patents and the strength of its claims against challengers.
Key Takeaways
- Scope Analysis: The patent’s scope is centered on a specific pharmaceutical composition with detailed formulation and manufacturing claims, aiming to protect a novel therapeutic approach.
- Claims Strength: Well-drafted independent claims with dependent claims add layers of protection; their validity hinges on demonstration of novelty and inventive step.
- Patent Landscape: The surrounding patent environment involves similar formulations and methods; understanding prior art is essential for enforcement and licensing strategies.
- Legal Considerations: Potential for opposition or litigation exists, especially if claims are found to lack novelty or inventive step.
- Strategic Positioning: Binding protection in Denmark and potential European extensions position the patent as an asset in a competitive market, reinforcing R&D and commercialization efforts.
FAQs
1. What is the primary therapeutic area covered by DK2278958?
The patent focuses on formulations related to a specific drug class, potentially including novel delivery mechanisms or stability features, for therapeutic uses within that class.
2. How broad are the claims in DK2278958?
Claims are crafted to cover specific compositions and processes, with some dependent claims possibly narrowing the scope to particular formulations, ratios, or methods.
3. Can this patent be challenged in other jurisdictions?
Yes. The patent family likely extends to other regions, but validity challenges can be pursued if prior art is identified that undercuts the claimed invention.
4. How does the patent landscape affect DK2278958’s value?
A crowded patent landscape can limit enforceability, but strategic positioning and comprehensive claims strengthen its value.
5. What are the main risks in enforcing this patent?
Risks include prior art invalidation, obviousness challenges, and potential legal disputes from competitors with overlapping patents.
References
[1] European Patent Office, "Patent Search Database," accessed 2023.
[2] Danish Patent and Trademark Office, "Patent DK2278958," official records.
[3] Patent landscape reports on pharmaceutical formulations, 2022.
[4] WIPO PATENTSCOPE, "International Patent Family Data," 2023.
