Last updated: February 20, 2026
What does DK2683361 cover?
DK2683361, titled "Method for Screening for Azole Resistance in Aspergillus fumigatus," focuses on diagnostic methods for detecting azole resistance, particularly in fungal pathogens. Its primary claim centers around a specific nucleic acid amplification method, designed to identify mutations associated with azole resistance in clinical isolates of A. fumigatus.
Key claim aspects:
- Methodology: Use of PCR-based detection targeting mutations in the cyp51A gene, particularly including TR34 and TR46 tandem repeats and specific point mutations such as L98H.
- Application: Diagnostic testing of fungal isolates to identify azole resistance directly from clinical samples.
- Scope: Covers primers, probes, and amplification conditions tailored to resistance-conferring mutations.
The claims explicitly delineate the molecular detection of mutations rather than broader genetic or phenotypic testing. The patent emphasizes the identification of specific resistance mutations linked with clinical resistance, making it relevant for pharmaceutical and diagnostic developers in antifungal resistance testing.
How broad or narrow are the patent claims?
The claims are relatively narrow, with a focus on certain mutations (TR34, TR46, and L98H) within the A. fumigatus cyp51A gene.
Claim Breakdown:
| Claim Type |
Scope |
Limitations |
| Independent Claim |
PCR detection of TR34/TR46 repeats and point mutations |
Specific to A. fumigatus; mutations in cyp51A gene |
| Dependent Claims |
Specific primers and probes, sample types, PCR conditions |
Narrowed to particular primers and detection techniques |
Implications:
- The patent’s scope concentrates on well-characterized mutations associated with clinical resistance.
- It does not cover broader antifungal resistance mechanisms or alternative detection methods such as sequencing or phenotypic assays.
- It is applicable mainly in diagnostic kit development targeting the specified mutations.
Patent landscape overview: Where does DK2683361 fit?
Related patents and prior art
The landscape includes patents primarily from the late 2000s onwards, focusing on detection of A. fumigatus resistance mutations:
- US patent 9,175,758: Covers molecular detection of cyp51A mutations in fungi.
- EP patent 2,781,524: Encompasses molecular markers for antifungal resistance.
- Earlier publications: Highlight PCR-based assays for fungal resistance detection.
Competitor landscape:
- Major players: Companies involved in diagnostic assay development for fungal pathogens include Eurofins, Myconostica (now part of biocartis), and others focusing on PCR kits.
- Academic patents: Several academic institutions have filed applications for mutation-specific PCR assays.
Geographic and jurisdictional considerations:
- The patent is validated only in Denmark (European Patent Office jurisdiction), but its claims could be enforceable in broader European markets if the patent is validated or if counterparts exist.
- No mention of multiple jurisdictions indicates potential for extension or existing counterparts in Europe or global patent families.
Potential patent-infringing activities:
Activities that employ primers or methods covered explicitly by this patent in Denmark could constitute infringement. Since the claims are narrow, activities outside targeting these specific mutations or employing different detection methods might not infringe.
Summary of patent landscape significance:
- The focus on specific cyp51A mutations situates DK2683361 within a focused niche of molecular resistance diagnostics.
- The patent aligns with extensive prior art on PCR detection of antifungal resistance, with incremental claims covering particular mutations and detection protocols.
- Its enforceability depends on validation in subsequent jurisdictions and the scope of its claims vis-à-vis emerging detection technologies.
Key takeaways
- DK2683361 protects a nucleic acid-based detection method targeting specific azole resistance mutations in A. fumigatus.
- Its claims are narrow, centered on specific mutations and primer/probe sets.
- The patent landscape features overlapping and earlier patents on similar molecular diagnostic approaches, mainly from 2008–2018.
- Commercial and academic players are actively developing similar detection methods, increasing competition in this diagnostic space.
- Enforcement is limited geographically, but the technology’s specificity makes patent infringement more straightforward in Denmark.
Frequently Asked Questions
Q1: How does DK2683361 compare to other antifungal resistance patents?
A1: It is more narrowly focused on specific mutations (TR34, TR46, L98H) in A. fumigatus, whereas other patents cover broader detection methods or additional resistance mechanisms.
Q2: Is DK2683361 enforceable outside Denmark?
A2: As a Danish patent, enforcement applies within Denmark. Its validity in broader European jurisdictions depends on extension or filing of corresponding European or international patents.
Q3: Can similar detection methods bypass this patent?
A3: Yes, if they avoid the specific mutations or use technologies outside the scope of the claims, such as sequencing or different PCR primers targeting other mutations.
Q4: What is the lifespan of DK2683361?
A4: Danish patents filed before 2013 typically expire 20 years from the filing date (likely 2032 or earlier), barring extensions or patent adjustments.
Q5: Are there existing commercial diagnostic kits based on this patent?
A5: Similar kits exist, but confirmation requires review of product patents; some may incorporate the patented sequences or methods directly.
References
[1] European Patent Office. (2019). Patent DK2683361 B1. Retrieved from EPO patent database.
