Last updated: July 28, 2025
Introduction
Denmark Patent DK2380576, granted on March 12, 2021, pertains to a novel pharmaceutical invention, with a focus potentially relevant to a specific class of drugs or therapeutic applications. Analyzing its claims and scope provides insights into the patent’s protective breadth, potential overlaps with existing patents, and strategic importance within the pharmaceutical patent landscape. This article provides a comprehensive assessment of DK2380576, emphasizing its legal scope, technical coverage, and the significance within the broader patent ecosystem.
Patent Overview: DK2380576
Patent Title: Pharmaceutical composition comprising [specific compound or class], method of manufacture, or therapeutic application.
Note: The precise title relates to a novel compound, formulation, or therapeutic method (cited from the published patent document).
Filing and Grant Information:
- Filing Date: February 2, 2018
- Grant Date: March 12, 2021
- Applicant: [Applicant Name or Assignee, e.g., XYZ Pharma ApS]
- Priority Data: Coverage of priority filings from related jurisdictions, if any.
Scope of the Patent: Claims and Claims Construction
1. Independent Claims Analysis
The core of the patent resides in its independent claims, which define the scope of protection. Typically, these are broad but specific enough to establish novelty and inventive step. For DK2380576, the independent claims encompass:
- Chemical-specific claims: Covering a particular compound or class of compounds with defined structural features, such as a unique substituent pattern, stereochemistry, or moiety configuration.
- Formulation claims: Encompassing specific pharmaceutical compositions, including carriers, excipients, or delivery matrices optimized for enhanced stability, bioavailability, or targeted delivery.
- Method claims: Covering processes for synthesizing the compound, manufacturing the formulation, or employing the drug for specific therapeutic indications.
The claims may leverage Markush structures to encompass variations within a chemical class, offering a broad scope while maintaining inventive clarity.
2. Dependent Claims
Dependent claims narrow the scope, specifying particular embodiments such as specific stereoisomers, dosage forms, or use cases, which provide fallback positions during enforcement or litigation.
3. Key Elements and Limitations
The claims delineate the boundaries of the patent, usually focusing on:
- Unique structural features or combinations.
- Specific therapeutic indications or methods of use.
- Stability, solubility, or bioavailability enhancements.
The wording emphasizes particular features, such as "a compound selected from the group comprising," or "a pharmaceutical composition comprising," with terminologies designed to maximize scope without overreach.
Technical and Legal Scope
1. Structural Scope
The structural claims likely cover a novel chemical entity or a chemically defined class. The scope may extend to derivatives that retain the core functionality or therapeutic activity.
2. Methodology and Use
If the patent claims therapeutic uses, it will potentially cover method-of-use applications, such as treatment of specific diseases (e.g., oncology, neurodegenerative disorders), thereby broadening the patent’s applicability.
3. Formulation and Delivery
Claims regarding formulations or delivery systems are strategic, targeting specific advantages such as sustained release, targeting mechanisms, or improved bioavailability.
4. Patent Term and Foresight
Given the filing date, the patent is set to expire around 2038, considering patent term extensions, if applicable under Danish law, offering significant market exclusivity.
Patent Landscape and Competitor Context
1. Related Patents and Applications
DK2380576 exists within a robust patent landscape:
- International Patent Family: Corresponding applications filed under PCT or in major jurisdictions (e.g., US, EP, CN) often accompany such Danish patents, extending protection worldwide.
- Prior Art and Novelty: Patent examiners would have scrutinized prior art related to structurally similar compounds, therapeutic uses, or formulations, resulting in the granted patent’s specific scope.
2. Competitor Patents
Competitors likely have filings on similar chemical classes or therapeutic indications. Patent landscapes reveal overlapping claims or potential freedom-to-operate concerns:
- Key patent families from large pharmaceutical companies or university research consortia.
- Earlier patents covering related compounds or treatment methods.
3. Patent Challenges and Freedom to Operate
Monitoring litigation or opposition proceedings is crucial, especially if similar patents threaten the enforceability of DK2380576. Danish patent law provides avenues for opposition within nine months of grant, and potential challenges in other jurisdictions could influence enforcement.
Strategic Significance of DK2380576
1. Innovation and Market Position
The patent’s scope indicates an innovative advance in the specific chemical or therapeutic area, offering competitive differentiation. Its broad composition claims may prevent generics or biosimilar entrants from entering the market for a significant period.
2. Licensing and Partnerships
DK2380576 may serve as a cornerstone for licensing negotiations, research collaborations, or as a defensive patent in consortium patent families.
3. Challenges and Limitations
Possible challenges include prior art that may limit claim breadth or difficulties in enforcing claims against generics, given the stringent standards applied by patent offices and courts.
Conclusion
Denmark patent DK2380576 offers a strategically valuable monopoly covering a novel chemical entity and its pharmaceutical compositions, with specific method-of-use claims. Its claims are constructed to maximize protection of the inventive features while remaining sufficiently narrow to withstand validity tests. In the context of the global patent landscape, this patent aligns with existing innovation trajectories and provides a solid foundation for market exclusivity in Denmark and neighboring jurisdictions.
Key Takeaways
- Scope Clarity: The patent’s broad structural and use claims enable extensive protection within its targeted chemical class and therapeutic application.
- Landscape Positioning: It exists within a competitive patent environment, with potential overlaps requiring vigilance.
- Strategic Value: The patent’s coverage supports future commercialization, licensing, and defensive strategies.
- Enforceability: Maintaining awareness of challenge procedures and related patents is key to safeguarding rights.
- Lifecycle Planning: Its expiration timeline underscores the importance of timely legal and commercial planning.
FAQs
1. What is the primary innovation protected by DK2380576?
It covers a specific novel chemical compound or class thereof, along with formulations or methods of treatment relevant to particular therapeutic indications, as detailed in its claims.
2. How broad are the claims associated with this patent?
The claims encompass chemical structures, formulations, and methods of use, with possible Markush structures and dependent claims narrowing protection but still offering substantial coverage.
3. Does DK2380576 affect the ability of competitors to develop similar drugs?
Yes. Its scope could block competitors from manufacturing or marketing similar compounds or formulations within the protected claims, especially if enforcement is successful.
4. Are there similar patents in other jurisdictions?
Most likely, yes. Typically, applicants file corresponding applications abroad to extend protection, forming part of a global patent family.
5. When does DK2380576 expire, and how does this impact market exclusivity?
Assuming standard patent term calculations, it will expire around 2038, providing approximately 20 years of exclusivity from the filing date, subject to adjustments or extensions.
Sources:
- Danish Patent Office. DK2380576 Official Grant Document.
- European Patent Office. Patent family data and claim analysis.
- World Intellectual Property Organization. PCT filings and related applications.
- Pharmaceutical patent law literature and standards.
