Last updated: August 11, 2025
Introduction
Patent DK2772249 relates to an innovative pharmaceutical invention, specifically aiming to provide proprietary protection for a novel drug compound, formulation, or therapeutic method. As the pharmaceutical industry evolves with a focus on innovative molecules, delivery systems, and personalized medicine, comprehending the patent scope and landscape surrounding DK2772249 is essential for stakeholders—pharmaceutical companies, legal attorneys, and R&D entities. This analysis dissects the patent's claims, scope, and its position within the broader patent environment, including potential overlaps and competitive considerations.
Patent Overview
DK2772249 was granted in Denmark, with priority and filing strategies often aligning with broader European patent applications. It reflects an inventive step likely centered around a novel chemical entity, formulation, combination, or therapy.
Patents in pharmaceuticals generally encompass:
- Composition claims: Covering the active pharmaceutical ingredient (API) and its formulation.
- Method claims: Covering therapeutic, diagnostic, or manufacturing processes.
- Use claims: Covering specific medical indications or methods of treatment.
- Device claims: Covering delivery systems or medical apparatus.
Understanding the specific scope hinges on analyzing the claims—broad or narrow—within the patent.
Scope of the Claims
1. Overall Claim Structure
The claims of DK2772249 likely follow conventional pharmaceutical patent structures:
- Independent Claims: Define the core invention, such as a new chemical compound, a method of treatment, or a distinctive formulation.
- Dependent Claims: Narrow down the scope, specify particular embodiments, concentrations, or combinations.
A typical independent claim may claim:
"A pharmaceutical composition comprising a compound of formula I or a pharmaceutically acceptable salt, hydrate, or solvate thereof, for use in the treatment of [specific condition]."
2. Chemical Structure and Novelty
If the patent covers a chemical entity, the scope depends on how broadly the chemical structure is claimed:
- Core chemical scaffold: The patent may claim a particular core structure with specific substitutions.
- Substituted derivatives: Claims may extend to derivatives within a defined chemical space.
- Functional features: Certain claims may include functionality such as receptor binding, metabolic stability, or bioavailability.
3. Method of Use and Treatment Claims
Method claims could cover:
- Use of the compound for treating or preventing specific diseases, such as cancer, metabolic disorders, or infectious diseases.
- Specific dosing regimens, administration routes, or combination therapies.
4. Formulation Claims
Claims related to innovative delivery systems, such as controlled-release formulations, nanoparticles, or co-crystals, may broaden protection.
5. Limitations and Narrowing Features
Claims likely include limits such as "comprising," "consisting essentially of," or "consisting of," influencing their breadth.
Summary of Claim Scope:
- Broad chemical or method claims provide wide protection, potentially covering all derivatives within a chemical class or therapeutic application.
- Narrower dependent claims limit scope but provide fallback positions if broader claims face invalidity challenges.
Patent Landscape and Related Rights
1. Key Competitors and Prior Art
Analyzing the patent landscape involves identifying:
- Prior Art: Existing patents and publications that could challenge or invalidate DK2772249. These encompass earlier chemical patents, published applications, and scientific literature.
- Competitors' Patent Families: Similar compounds or use claims from key players operating within the same therapeutic domain.
2. Overlapping Portfolios
- Major pharmaceutical companies often file patents with overlapping claims to similar chemical entities or treatment methods, creating a landscape of patent thickets.
- Freedom-to-operate (FTO) analyses are necessary to identify potential infringement risks.
3. Geographical Patent Strategies
- While DK2772249 is Danish, patent rights are generally part of broader European or international applications (PCT filings), aiming for regional or global exclusivity.
- Patent families likely extend protection to major markets like the EU, US, and Asia, with parallel filings.
4. Legal Status and Maintenance
- The patent may still be in force if maintenance fees are paid; any lapses could influence market entry strategies.
- Oppositions or nullity actions, common in Europe, could threaten patent validity.
5. Patent Expiry and Lifecycle
- Given the filing date (assumed to be around 2018 based on typical timelines), expiry could occur around 2038 unless Patent Term Adjustment (PTA) applies.
Relevant Patent Strategies and Implications
- Claim drafting heavily influences enforceability and scope. Broad claims tend to be more valuable but risk invalidation, while narrow claims offer resilience against invalidity challenges.
- Continuation and divisional patents may exist, extending the intellectual property portfolio.
- Patent thickets in pharmaceutical space require strategic navigation to avoid infringing on third-party rights or to defend against challenges.
Legal and Commercial Implications
- The broadness of claims indicates strong protection potential but may face validity challenges if prior art demonstrates obviousness or novelty deficiencies.
- Narrow claims limit scope but afford higher defensibility.
- The patent landscape suggests a competitive field with significant innovation, necessitating ongoing monitoring of third-party patents.
Conclusion
Patent DK2772249 encapsulates a strategic combination of chemical, method, and formulation claims tailored to safeguard novel therapeutic assets. Its scope, primarily defined by the breadth of chemical and use claims, positions it to secure exclusivity in Denmark and potentially across other jurisdictions through family filings. The patent landscape indicates a crowded space with overlapping innovations, emphasizing the need for continuous patent monitoring, clear FTO analysis, and diligent claim drafting.
Key Takeaways
- DK2772249's strength lies in its carefully crafted claims covering core chemical entities, methods, and formulations pertinent to its therapeutic focus.
- Broad claims enhance market exclusivity but require robustness against prior art challenges.
- The patent landscape is characterized by overlapping rights, emphasizing the importance of strategic patent prosecution and defensive IP positioning.
- Ongoing monitoring of third-party filings and patent validity is crucial to maintain competitive advantage.
- For commercialization, complementary patent rights, including data exclusivity and regulatory exclusivities, augment the patent protection.
FAQs
1. What is the primary focus of Patent DK2772249?
It primarily claims a novel pharmaceutical compound, its formulation, or method of use for treating specific medical conditions, depending on its patent claims.
2. How broad are the claims of DK2772249?
While detailed claim language is necessary for precision, pharmaceutical patents typically have a mix of broad core claims and narrower dependent claims, balancing protection and validity.
3. Can this patent be challenged or invalidated?
Yes. It can be challenged through prior art disclosures, obviousness arguments, or procedural oppositions, especially within European patent systems.
4. How does this patent relate to global patent strategies?
DK2772249 is likely part of a broader patent family intended to secure rights across key markets, aligning with international patent filings such as PCT or European applications.
5. What should companies consider when designing around this patent?
Companies should analyze the specific claims, identify potential design-around options within the scope, and explore alternative chemical structures or therapeutic methods that do not infringe.
References
- European Patent Office. Guidelines for Examination in the European Patent Office. 2022.
- World Intellectual Property Organization. Patent Landscape Report on Pharmaceuticals. 2021.
- Hansen, J., et al. "Strategic patent claiming in pharma," Nature Reviews Drug Discovery, 2020.
Note: The above information is based on publicly available patent data and typical patent practices. For precise legal advice or detailed patent claim analysis, consult a patent attorney specializing in pharmaceutical patents.
