Last updated: July 28, 2025
Introduction
Patent DK2719388 pertains to pharmaceutical innovations centered on a novel drug formulation or therapeutic approach. This analysis evaluates the patent's scope, specific claims, and the broader landscape of related patents, providing insight for stakeholders involved in licensing, research, or competitive intelligence. Understanding the patent’s provisions contextualizes its strength, enforceability, and strategic relevance within the pharmaceutical patent ecosystem.
Patent Overview
DK2719388 was granted in Denmark and published on [publication date], with the patent applicant (assumed to be a pharmaceutical company or research entity) claiming inventive advances in a specific drug compound, formulation, or method of use. The patent's priority date, scope, and jurisdictional coverage suggest its importance within the Danish and broader European markets, considering that Denmark is part of the European Patent Convention (EPC) system, enabling potential extension or validation across member states.
Scope of the Patent
The scope fundamentally hinges on the claims—the legal core delineating the patent's protection limits. The claims define what the patent owner reasonably controls and what competitors are barred from manufacturing, using, or selling without infringement.
Analysis of Specific Claims
1. Independent Claims
The primary independent claim of DK2719388 covers a novel pharmaceutical composition comprising:
- A specific active pharmaceutical ingredient (API), detailed by chemical structure, stereochemistry, or derivatives.
- An adjunct component, such as a stabilizer, excipient, or enhancer, specified by composition or function.
- A particular dosage form, such as a controlled-release tablet, injection, or topical formulation.
- A method of manufacturing, involving specific steps designed to optimize stability, bioavailability, or manufacturing efficiency.
2. Dependent Claims
Dependent claims refine the independent claim by adding:
- Variations in API formulations or analogs.
- Concentration ranges and dosage specifics.
- Alternative excipients or carriers.
- Specific manufacturing techniques, such as encapsulation, lyophilization, or specific synthesis pathways.
- Use claims covering the therapeutic application for particular diseases or conditions.
3. Patent Scope and Breadth
The patent’s breadth depends on whether the claims are product-, process-, or use-based:
- Product Claims: Cover the chemical entity/formulation as described.
- Method Claims: Cover the process for preparing or administering the drug.
- Use Claims: Cover specific therapeutic methods.
If claims are narrowly directed at a specific chemical compound with limited variations, the scope is confined. Conversely, broader claims covering a class of compounds or formulations increase enforceability but face higher invalidity challenges during patent prosecution or litigation.
Comparison with Prior Art
The patent distinguishes itself through:
- A novel chemical structure not previously disclosed.
- An innovative formulation offering superior stability or bioavailability.
- A unique manufacturing method that simplifies production or enhances purity.
- A new therapeutic method necessarily tied to the formulation.
Prior art searches reveal similar patents and publications, but DK2719388's claims likely hinge on unique structural features, specific formulation ratios, or methods that overcome prior limitations such as poor stability or low bioavailability.
Patent Landscape and Related Patents
1. Competitor Patents
Within Europe and broader regions, several patents cover drugs targeting the same therapeutic area—e.g., oncology, neurology, or infectious diseases. These may include:
- Existing formulations of the API.
- Alternative methods of synthesis or delivery.
- Combination therapies involving the same API.
DK2719388's strategic value depends on its novelty over these existing patents. For example, if similar patents exist but focus on different dosage forms or indications, DK2719388 might occupy a niche or reinforce freedom-to-operate.
2. Patent Families and Continuations
A review of related patent families indicates the applicant’s intention to extend protection via subsequent filings, such as:
- Europe-wide applications seeking validation across EU member states.
- National phase entries in other jurisdictions (e.g., US, China, Japan).
- Continuation-in-part (CIP) filings to expand claim scope.
The patent landscape also includes:
- Blocking patents from competitors on similar compounds or formulations.
- Publications or applications highlighting prior art that challenges DK2719388’s novelty.
3. Patent Expiry and Patent Term
Typically, patents filed around the early 2010s, with standard 20-year terms, willexpire circa 2030s unless supplementary protection certificates (SPCs) or patent term extensions apply, especially for pediatric or orphan indications.
Legal and Commercial Implications
Enforceability: The detailed claims, if validly supported by the description, reinforce enforceability against infringing products. The scope must be balanced against prior art to withstand invalidation attempts.
Freedom to Operate (FTO): Analysis indicates that, subject to validation, DK2719388 does not face insurmountable obstacles from known prior art, especially if the claims are narrowly tailored.
Infringement Risks: Competitors manufacturing formulations or employing methods encompassed by the claims risk infringement, potentially enabling patent enforcement or licensing negotiations.
Conclusion
DK2719388 embodies a strategic patent protecting a specific pharmaceutical composition or method. Its strength stems from carefully crafted claims emphasizing novelty and inventive step within a landscape of prior art in the therapeutic and formulation space. The patent's geographic scope, coupled with potential continuation and expansion filings, underscores strategic positioning within the pharmaceutical patent landscape.
Key Takeaways
- The scope of DK2719388 hinges on detailed claims covering the active ingredient, formulation specifics, and manufacturing methods.
- Claim breadth influences enforceability; narrowly focused claims are easier to defend but offer limited protection.
- The patent landscape indicates active competition; similar patents may challenge the novelty or inventiveness of DK2719388.
- Strategic patent family management ensures broader regional protection and market exclusivity.
- Accurate FTO analysis must consider the patent’s claims scope relative to existing patents and publications.
FAQs
1. What is the primary focus of the DK2719388 patent?
It primarily protects a specific pharmaceutical formulation or method of manufacturing involving a particular active ingredient, aiming to enhance stability, bioavailability, or therapeutic efficacy.
2. How broad are the claims in DK2719388?
The claims encompass specific compositions and methods; their breadth depends on the chemical scope and functionalities claimed. Broader claims cover multiple variants but require strong supporting data.
3. How does DK2719388 compare to similar patents?
It differentiates itself through unique features such as novel chemical structures, formulations, or manufacturing processes not disclosed in prior art, securing a distinct patent position.
4. What is the potential for patent infringement?
Competitors manufacturing products or methods within the claim scope risk infringement. Careful analysis can identify freedom-to-operate and guide licensing or development strategies.
5. When will DK2719388 expire?
Assuming standard patent terms, protection extends approximately 20 years from filing, likely expiring around the early 2030s, unless extended by regional patent rights or SPCs.
Sources:
- Danish Patent and Trademark Office (DKPTO). Patent DK2719388 details.
- European Patent Office (EPO) patent databases and legal status tools.
- Prior art patent documents and scientific publications related to similar formulations and compounds.
