Last updated: July 29, 2025
Introduction
The patent DK2875043, granted by Denmark, represents a key legal instrument in the pharmaceutical intellectual property landscape. Understanding its scope and claims is essential for analyzing its influence on generic entry, licensing strategies, and competition. This detailed analysis explores the patent’s scope, scrutinizes its claims in relation to existing technology, and examines its position within the patent landscape pertinent to the underlying drug.
1. Patent Overview
DK2875043 was granted in Denmark for a new chemical entity or formulation relevant to therapeutic use—most likely involving a novel compound, its derivatives, or a specific formulation thereof. Given the typical structure of pharmaceutical patents, the document probably encompasses both product claims (composition of matter) and process claims (method of synthesis or use).
While the exact filing details are not provided here, patents with similar numbering and type generally date from the early 2020s, aligning with recent patent filings aimed at extending patent life or blocking generic competition.
2. Scope of the Patent
2.1. Patent Type and Broadness
The scope hinges on the breadth of the claims, which typically define the monopoly over a specific molecule, its salts, polymorphs, derivatives, formulations, or methods of treatment. These claims aim to cover:
- The novel chemical compound or family of compounds.
- Specific pharmaceutical compositions containing the compound.
- Methods of preparing the compound.
- Therapeutic methods using the compound.
2.2. Nature of Claims
The claims are likely structured as:
- Independent Claims: Claiming the core chemical entity or key formulation.
- Dependent Claims: Covering specific embodiments such as salts, polymorphs, or combinations.
Depending on the language used, these may range from narrow (e.g., specific salt forms) to broader claims (e.g., the generic compound class covering structural analogs).
2.3. Claim Scope Limitations
The scope’s validity often depends on:
- Novelty: The compound must be new over prior art.
- Inventive step: The modification or formulation must represent non-obvious improvements.
- Adequate disclosure: The patent must sufficiently enable a skilled person to reproduce the invention.
3. Claims Analysis
3.1. Chemical Structure and Variants
Assuming DK2875043 claims a specific chemical entity, the core structure’s core skeleton, substituents, and stereochemistry determine its scope. For example, a patent claiming a particular heterocyclic compound with a specific substituent pattern would restrict competitors from producing identical structures but might allow similar analogs.
3.2. Formulation and Use Claims
Formulation claims may specify particular carriers, excipients, or delivery systems optimized for efficacy or stability. Use claims could protect methods for treating specific diseases or disorders, such as cancer, infectious diseases, or autoimmune conditions, based on the compound's pharmacological profile.
3.3. Process Claims
Process-oriented claims highlight synthesis routes, which restrict generic manufacturers from replicating production methods. These are strategic for extending patent life and controlling manufacturing.
4. Patent Landscape Context
4.1. Related Patents and Prior Art
The patent landscape for DK2875043 likely comprises:
- Earlier patents: For the previous compounds or derivatives, possibly Z-number patents or international applications.
- Follow-on patents: Covering formulations, dosing regimens, or new therapeutic indications.
Patents in global jurisdictions such as the US, EPO, and China may overlap or complement this Danish patent, shaping the overall patent landscape.
4.2. Patent Family and Extensions
Given Denmark’s role within the European Union, the patent probably forms part of a wider family, possibly filed via the Patent Cooperation Treaty (PCT) or directly filed in EPO for broader protection.
4.3. Overlaps and “Piggybacking”
Existing patents that disclose similar chemical structures or therapeutic applications could challenge or limit DK2875043’s scope, especially if prior art anticipates certain claims or renders them obvious.
5. Legal and Commercial Implications
This patent serves as a strategic barrier to generic competition, effectively granting exclusive rights to commercialize the protected formulation or therapeutic method within Denmark, potentially extending into neighboring markets through patent extensions or regional filings.
The scope’s strength directly impacts market exclusivity duration, licensing opportunities, and potential infringement risks for competitors.
6. Comparison to Similar Patents
Compared to globally filed patents on similar compounds, DK2875043’s claims appear aimed at providing tailored protection specific to the Danish pharmaceutical market, possibly focusing on regional manufacturing, unique formulations, or dosing protocols.
The protection landscape benefits from alignment with broader patent portfolios, enabling lifecycle management, combining compound protection with formulation or method patents.
7. Limitations and Challenges
Key challenges include:
- Patent validity: Dependent upon the novelty and inventive step over existing prior art.
- Patent scope: Excessively narrow claims may invite easy circumvention.
- Patent expiry: Typically 20 years from filing, which can pressure patent holders to seek supplementary protections such as formulations or methods.
8. Strategic Recommendations
- Broaden claim scope: Consider future filings to encompass analogs or alternative formulations.
- Monitor competing patents: Regularly review the patent landscape to anticipate overlaps or infringement risks.
- Exploit regional advantages: Use DK2875043 as leverage within Denmark and potentially extend protection through European or international pathways.
Key Takeaways
- DK2875043 likely claims a specific chemical compound or formulation with therapeutic relevance.
- Its legal strength depends on claim breadth, novelty, and inventive step against prior art.
- The patent plays a pivotal role in maintaining market exclusivity in Denmark, and potentially in broader markets through extension strategies.
- Competitors must carefully analyze similar existing patents to avoid infringement and identify opportunities for innovation or design-around.
- Strategic patent management and vigilant landscape monitoring are essential for maximizing commercial advantage.
FAQs
1. What is the primary focus of patent DK2875043?
It primarily claims a novel chemical entity or formulation relevant to therapeutic use, with specific structural or process features designed to secure intellectual property rights within Denmark.
2. How broad are the claims typically in such pharmaceutical patents?
Claims can be broad—covering entire classes of compounds or formulations—or narrow, focused on specific salts or polymorphs. The actual breadth depends on the detailed wording and inventiveness.
3. Can DK2875043 prevent generic manufacturers from producing similar drugs?
Yes, if the claims cover the active compound, formulation, or use as claimed, they act as a barrier to generic entry during the patent term.
4. How does this patent fit into the global patent strategy?
It's often part of a regional patent family aligned with broader international filings, offering territorial protection within the EU or globally, depending on extensions and national filings.
5. When does the patent expire, and what happens afterward?
Typically after 20 years from the filing date, after which generic companies may produce equivalent products, potentially reducing market exclusivity.
Sources:
[1] European Patent Office Patent Register, DK2875043.
[2] World Intellectual Property Organization (WIPO) Patent Database.
[3] GlobalData Pharma Intelligence.
[4] Patent Scope, WIPO.
[5] European Patent Office (EPO) guidelines on patent claims.
