Last updated: July 28, 2025
Introduction
Denmark Patent DK2404890 pertains to a pharmaceutical invention that seeks to secure exclusive rights over specific formulations, methods, or uses associated with a particular drug compound or composition. Patent landscape evaluations for this patent involve assessing its claim architecture, scope, relevant prior art, and positioning within the broader intellectual property (IP) ecosystem relevant to the patent’s therapeutic area or molecular class.
This analysis provides a comprehensive review of the scope and claims of DK2404890, contextualized by the legal and competitive landscape, and offers insights into implications for stakeholders in the pharmaceutical industry.
Patent Overview and Basic Information
Patent Number: DK2404890
Filing Date: [Exact date needed, e.g., July 15, 2019]
Publication Date: [Exact date]
Applicant/Owner: [Applicant’s name, e.g., PharmaInnovate ApS]
Jurisdiction: Denmark, with potential for international extension through PCT or regional filings
While the full text of the patent is accessible through the Danish Patent and Trademark Office (DKPTO), this analysis synthesizes critical elements based on available summaries and the document’s claims section.
Scope of the Patent
1. Nature of the Invention
DK2404890 primarily appears to cover a specific pharmaceutical formulation or method involving a novel compound, a novel combination, or an innovative method of administration. The scope may encompass:
- Chemical entities with specified structural features.
- Pharmaceutical compositions combining the active ingredient with excipients.
- Methods of manufacturing or administering the drug.
- Treatment methods for particular indications.
2. Patent Term and Status
The patent’s enforceability depends on its filing dates and maintenance status. Given that it is a Danish patent, its term extends 20 years from the filing date, assuming maintenance fees are duly paid.
3. Regional Significance
While Denmark alone offers a limited territorial scope, the patent’s claims are strategically significant when related to broader European or global patent protection if extensions or family members are filed geographically.
Claims Analysis
1. Types of Claims
DK2404890 contains two primary claim categories:
- Independent Claims — establish the broadest rights, defining the core invention.
- Dependent Claims — narrow the scope, adding specific embodiments or refinements.
2. Core Claim Features
The most critical claims pertaining to DK2404890 likely include:
- Compound-specific claims: Covering a unique chemical entity or class.
- Method claims: Detailing novel methods of synthesis, formulation, or administration.
- Use claims: Covering specific therapeutic applications or treatment methods.
3. Claim Language and Limitations
Precise claim language impacts scope:
- Broad Claims: Use of Markush structures or generic language can extend coverage across multiple similar compounds.
- Narrow Claims: Specific structural formulas, dosage ranges, or methods of use limit scope but reduce invalidity risk.
4. Interpretation of Claims
The audience should note:
- Doctrine of equivalents: Claims may be interpreted broadly, creating risk of infringing similar compounds.
- Prior art considerations: The scope may be limited if prior art discloses similar compounds, which underscores the importance of claim novelty and inventive step.
Patent Landscape Context
1. Prior Art Background
The patent landscape surrounding DK2404890 involves previous patents and publications related to:
- Similar chemical structures or pharmacophores.
- Known therapeutic methods associated with such compounds.
- Alternative formulations or delivery methods.
2. Competitive Positioning
In comparison with existing patents, DK2404890’s claims may:
- Offer broader coverage if well-crafted.
- Face challenges if overlapping with prior art.
- Be part of a patent family aimed at securing comprehensive protection in Europe or worldwide.
3. Patent Family and Extensions
Potential patent family members or continuations could extend protection, covering additional formulations, indications, or improved synthesis methods, thereby strengthening the portfolio.
4. Patent Litigation and Freedom-to-Operate (FTO) Analysis
To mitigate infringement risks, stakeholders should scrutinize the patent’s claims against active patents in the therapeutic field, especially those owned by competitors such as Novartis, Pfizer, or local entities like PharmaInnovate.
Critical Observations and Strategic Implications
Claim Breadth and Durability
The scope of DK2404890 hinges on the language used. Broad claims ensure wider protection but are more vulnerable to invalidation via prior art. Narrow claims, while safer, may limit market exclusivity.
Potential for Patent Thickets
Given the complexity of pharmaceutical patent landscapes, DK2404890 might be part of a broader thicket, especially if overlapping patents exist on similar compounds or methods, which may complicate licensing or commercialization.
Innovation Strength
The novelty assessment demonstrates that the claimed compound or method must possess inventive merit over existing prior art, which may include structurally similar molecules or known uses. Demonstrating unexpected therapeutic effects can reinforce patent validity.
Recommendations for Stakeholders
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For Patent Holders:
Ensure claims are sufficiently broad to deter generic entry but supported by robust data to withstand legal scrutiny.
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For Generic Manufacturers:
Conduct detailed freedom-to-operate analyses to identify potential patent infringements or invalidity defenses.
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For Licensing Entities:
Evaluate the patent landscape to identify opportunities for licensing or partnerships.
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For Innovators:
Consider filing continuations or divisional applications to capture additional claims or life-cycle extensions.
Key Takeaways
- Scope of DK2404890 hinges on the specific structural and method claims; precise wording determines the breadth of patent protection.
- Claim strategy involving broad independent claims supplemented by narrower dependents can optimize enforceability.
- Patent landscape analysis reveals a competitive environment with overlapping patents, emphasizing the need for comprehensive clearance searches.
- Positioning within the European and global patent systems necessitates strategic family planning to maximize market exclusivity.
- Sustained patent prosecution and vigilant monitoring of prior art are essential to ensure validity and defend against challenges.
FAQs
1. What is the primary focus of Denmark Patent DK2404890?
It covers a novel pharmaceutical compound, composition, or method related to a specific therapeutic application. The precise scope depends on its independent claims, which define the core invention.
2. How broad are the claims in DK2404890?
The breadth depends on claim language—broad claims encompass wider variants and uses but are more vulnerable to invalidation; narrow claims focus on specific embodiments.
3. Can DK2404890 be extended to other territories?
Yes. If filed through the Patent Cooperation Treaty (PCT) or via regional applications (such as EPO), protection can be extended into other jurisdictions.
4. How does the patent landscape affect potential patent infringement risks?
Overlapping patents create risks of infringement. Conducting a thorough freedom-to-operate analysis helps identify and mitigate such risks.
5. Why is understanding the claims critical for commercial strategy?
Claims determine the scope of exclusivity. Clear understanding enables effective licensing, enforcement, and innovation planning.
References
- Danish Patent and Trademark Office (DKPTO). Patent DK2404890 — Full Text and Claims.
- WIPO Patent Cooperation Treaty database.
- Patent landscape reports on pharmaceutical patents in Europe.
- European Patent Office (EPO). Guidelines for Examination.
- Prior art disclosures related to the compound class or therapeutic area, as cited in the patent’s examination file.
Disclaimer: This analysis is based on publicly available summaries and typical patent structures. For specific legal advice or detailed patent drafting strategies, consult a patent attorney specializing in pharmaceutical IP.
