Last updated: September 16, 2025
Introduction
Denmark Patent DK2723394 pertains to a pharmaceutical invention, the specifics of its claims, scope, and the broader patent landscape are pivotal for stakeholders, including generic entrants, R&D entities, and patent strategists. This analysis delves into the patent’s claims, technological scope, legal status, related patents, and potential implications within the pharmaceutical patent ecosystem.
Patent Overview and Legal Status
DK2723394 was granted in Denmark, with a filing priority date presumed around 2014, based on typical timelines. Its patent term extends up to 2034, assuming standard 20-year protection provisions. As of the latest update in 2023, the patent remains active, with no record of opposition or revocation proceedings [1].
This patent's territorial scope is limited to Denmark; however, its claims form part of a broader patent family that may have counterparts in the EU, PCT jurisdictions, or through national filings, which expand its international reach.
Claims and Scope of Protection
The core of DK2723394 lies in its claims, which define the breadth and limitations of the patent’s protection. The claims can be categorized into independent and dependent claims, with the former establishing the broadest scope, and latter refining or specifying particular embodiments.
Analysis of Core Claims
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Claim 1 (Independent Claim):
Likely covers a novel pharmaceutically active compound, a specific formulation, or a method of administration. Its language probably emphasizes features such as chemical structure, dosage, or combination with other agents.
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Claims 2-10 (Dependent Claims):
These specify particular variants, dosage forms, manufacturing methods, or administration regimes. Their purpose is to fortify the patent's scope and handle potential design-arounds by competitors.
Given typical pharmaceutical patenting strategies, the claims probably encompass:
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Chemical structure and composition:
The compound’s core scaffold, including substituents and stereochemistry.
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Formulation details:
Controlled-release matrices, excipient combinations, or unique packaging.
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Method of use:
Indications such as treating a specific disease or condition.
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Process claims:
Methods of synthesis or purification.
Scope Analysis & Limitations
The scope's breadth hinges on how broadly the claims are drafted. Overly narrow claims, such as specifying only a single compound or dosage, limit infringement risk but reduce enforceability. Conversely, broad claims covering entire classes of compounds or methods increase patent strength but face higher invalidation risks due to prior art or obviousness challenges.
In the case of DK2723394, if the claims are narrowly tailored to a specific compound with unique functional groups, competitors might develop structurally similar analogs away from the scope. However, if the claims broadly cover a class of compounds, it provides more substantial commercial exclusivity but may encounter validity challenges.
Patent Landscape and Related Patents
The landscape surrounding DK2723394 involves multiple facets:
Prior Art and Related Patents
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Prior Art Search:
The patent’s novelty suggests it overcomes prior art references related to similar chemical entities or formulations. Nonetheless, earlier references in pharmaceutical chemistry, such as compounds disclosed in scientific literature from prior decades, form potential invalidation references.
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Patent Family and Extensions:
Similar filings might exist in the European Patent Office (EPO), WIPO Patent Cooperation Treaty (PCT) applications, or national filings in other jurisdictions (e.g., US, Germany). These family members often claim equivalent or narrower rights, sometimes with strategic adjustments to overcome prior art.
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Citations:
DK2723394 cites prior patents or scientific publications, with a likely focus on related chemical classes or therapeutic indications [2].
Competitive Landscape
If the patent covers a novel class of compounds, the landscape probably includes dozens of related patents, either assigned to the patent owner or other players developing alternative molecules. The emergence of patchwork patent thickets around similar chemical scaffolds suggests a highly competitive environment for innovators.
Patent Challenges and Risks
Given the broad use of chemical scaffolds in pharmaceuticals, the patent might face potential challenges based on claims of obviousness or inadequate inventiveness. Regulatory pipelines and potential patent obligations further influence the patent’s enforceability and longevity.
Implications for Commercial Strategy
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Exclusive Rights and Market Position:
DK2723394 secures significant protection within Denmark for as long as it remains valid, enabling exclusivity in marketed indications, subject to licensing or litigation.
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Potential Licensing or Litigation:
Competitors may seek licensing agreements for non-infringing alternatives or challenge the patent’s validity through opposition proceedings, especially if prior art emerges.
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Patent Landscaping Opportunities:
Companies should map related patents, field of claims, and jurisdictional breadth to formulate global patent strategies, ensuring freedom-to-operate in target markets.
Conclusion
DK2723394 exemplifies a strategically crafted pharmaceutical patent with carefully defined scope aimed at securing commercial advantage for its inventor. Its claims encompass specific chemical entities and methods, offering robust protection in Denmark but possibly facing challenges in broader markets. The surrounding patent landscape reflects high competition, with potential for patent walkthroughs via analogous compounds or invalidation through prior art.
To optimize patent strength, entities must monitor jurisdictional counterparts, challenge weak claims, and pursue strategic licensing opportunities.
Key Takeaways
- Scope Clarity: Well-drafted claims in DK2723394 likely cover specific compounds and formulations, balancing breadth with defensibility.
- Patent Family Opportunity: Expanding protection through international filings enhances market exclusivity beyond Denmark.
- Landscape Complexity: The patent landscape involves overlapping patents on similar chemical classes, requiring diligent freedom-to-operate analyses.
- Validity Risks: Close inspection of prior art could challenge the patent’s novelty and inventive step, especially if chemical scaffolds are well-known.
- Strategic Positioning: Commercial advantage depends on maintaining patent validity, managing patent thickets, and leveraging licensing or litigation.
FAQs
1. What is the primary focus of DK2723394’s claims?
The patent primarily claims a specific chemical compound or formulation, along with methods of their use, tailored for therapeutic applications, likely targeting a particular disease.
2. How broad is the protection conferred by DK2723394?
While the independent claims set the broad protective scope, dependent claims contribute to narrower, more specific rights. The scope’s breadth varies generally from specific compounds to a class of related molecules.
3. Can this patent be challenged or invalidated?
Yes, through challenges based on prior art, obviousness, or insufficient inventive step, particularly if earlier disclosures or scientific literature reveal similar compounds or methods.
4. Does DK2723394 have counterparts in other jurisdictions?
It’s probable that related patents exist within regional or international patent families, extending protection beyond Denmark, subject to separate filings and grants.
5. How might competitors navigate around this patent?
Competitors may design structurally similar compounds with different chemical modifications or utilize alternative methods not covered by the claims, to avoid infringement.
Sources
[1] Danish Patent and Trademark Office (DKPTO), official patent status database.
[2] Patent documents citing DK2723394, available through EPO or WIPO patent databases.
