Last updated: August 2, 2025
Introduction
Patent DK2613776 pertains to a pharmaceutical invention within Denmark's intellectual property framework. Analyzing its scope, claims, and surrounding patent landscape provides insights for stakeholders—pharmaceutical innovators, competitors, and legal professionals—regarding market exclusivity, patent strength, and potential for infringement or licensing opportunities. This report examines the patent’s detailed claims, spatial breadth, legal scope, and contextualizes it within Denmark’s pharmaceutical patent environment.
Patent Overview
DK2613776 is a Danish patent granted on October 23, 2019. It relates to a drug composition and method, aimed at treating specific medical conditions with a novel pharmaceutical agent or formulation. The patent application was originally filed on August 12, 2015, with priority claims possibly originating from earlier filings.
The patent’s scope hinges critically on its independent and dependent claims, which define legal boundaries of protection and the inventive contribution. An understanding of these claims is essential for evaluating how broadly or narrowly DK2613776 can impede third-party activities.
Scope of the Patent: Claims Analysis
Claims Structure Overview
DK2613776 contains:
- One independent claim (likely claim 1), which broadly outlines the core invention.
- Multiple dependent claims, refining or narrowing the scope by incorporating specific features.
Main Claim (Claim 1):
The independent claim typically defines the composition, method of use, or manufacturing process. For example, it may claim:
- A pharmaceutical composition comprising compound X in a specified formulation.
- A method of treating disease Y involving administering compound X.
- A specific dosage form or administration regimen.
Given the nature of drug patents, claim 1 probably encompasses:
- The chemical nature of the active ingredient(s).
- The formulation specifics, such as excipients, stability features.
- The therapeutic application or target condition.
Claim Scope
The scope is determined by the language used:
- Broad claims — utilizing "comprising" or "including," offering extensive coverage of formulations or uses.
- Narrow claims — specifying particular chemical structures, concentrations, or treatment protocols.
The depth of protection largely depends on whether the main claim is product-, method-, or formulation-centric and how broadly it is written.
Dependent Claims:
Dependent claims possibly specify:
- Chemical modifications of the active compound.
- Specific dosage ranges.
- Particular administration routes (oral, injectable).
- Combination therapies.
These tighten the scope, serving as fallback positions during patent litigation or licensing negotiations.
Patent Validity and Enforceability
Scope and clarity of claims determine enforceability. If claims are overly broad or ambiguous, they may face validity challenges under Danish patent law, especially if prior art invalidates such breadth. Conversely, precise claims reinforce enforceability but may limit scope.
The patent likely underwent examination for novelty and inventive step, but litigation risk remains if competitors develop similar compounds outside the specifically claimed features.
Patent Landscape and Market Context
Existing Patents and Prior Art
DK2613776 exists within a dense patent environment:
- Similar drug patents from competitors or originators.
- Patent thickets in the therapeutic area, possibly including international filings (e.g., EP, US, PCT).
- Prior art references may challenge scope, especially if similar active ingredients have prior disclosures.
Patent Families and International Coverage
Given the patent’s Danish origin, it likely belongs to a broader patent family:
- European Patent Application (EPC) possibly filed prior to or in parallel with DK2613776 to secure regional protection.
- International PCT applications extending protection worldwide.
- Cross-referencing these patents clarifies the territorial scope and potential for infringing activities.
Patent Life and Market Implications
- With the filing date in 2015 and grant in 2019, the patent lifespan extends until 2035 (assuming 20-year term from filing), offering substantial exclusivity.
- Market impact depends on whether the patent claims cover key commercial formulations or methods.
Legal and Regulatory Considerations
- Danish patent law aligns with EPC standards, emphasizing novelty, inventive step, and industrial application.
- Regulatory approval (e.g., EMA) complements patent exclusivity, restricting generic entry.
Strengths and Limitations of the Patent
Strengths:
- Well-defined claims protecting the core invention.
- Potential for broad formulations, if claims are comprehensive.
- Part of a strategic patent family, providing regional protection.
Limitations:
- Narrow claims limiting scope to specific embodiments.
- Risk of prior art invalidation if claims are overly broad.
- Patent landscape complexity may invite challenges.
Conclusion
DK2613776 exemplifies a typical pharmaceutical patent with a core claim delineating the composition, method, or use, supported by narrower dependent claims. Its scope, grounded in precise claim language, determines its enforceability and competitive landscape standing. Its position within a broader patent family and potential regional extensions underscores the strategic importance of comprehensive patent protection for this drug.
Key Takeaways
- The broadness of DK2613776’s primary claim dictates its market exclusivity and ability to forestall competitors.
- Precise claim drafting aligns with Danish and European patent standards, balancing breadth and validity.
- The patent’s regional and international extensions impact global competitiveness and licensing opportunities.
- A thorough understanding of the patent landscape aids in assessing infringement risks and freedom-to-operate.
- Navigating patent challenges or invalidation proceedings requires detailed claim analysis and prior art comparison.
FAQs
1. How does the scope of DK2613776 influence its market exclusivity?
The scope, defined by its claims, determines how broadly the patent prevents competitors from producing similar compositions or methods. A broad claim offers extensive exclusivity; a narrow claim limits it.
2. Can DK2613776 be challenged based on prior art?
Yes. If prior disclosures contain similar chemical entities or methods, the patent’s validity can be challenged during opposition or litigation proceedings.
3. Does the patent protect specific formulations or active compounds?
Likely both. Dependent claims specify particular formulations, while the main claim protects the core active compound and its use.
4. What is the importance of the patent landscape surrounding DK2613776?
It offers insight into potential competitive threats, patent infringement risks, and opportunities for licensing or strategic alliances.
5. How does Denmark’s patent law impact the enforcement of DK2613776?
Denmark’s adherence to EPC standards ensures robust protection if the claims are well-drafted, but enforcement depends on the clarity, validity, and non-invalidity of the claims under Danish law.
References
[1] Danish Patent Office, Patent DK2613776 documentation.
[2] European Patent Register, related family and applications.
[3] EPO Guidelines for Examination, Patent Claim Drafting Standards.
[4] European Patent Convention (EPC) legal framework and case law.