Last updated: August 10, 2025
Introduction
The Danish patent DK2986304 pertains to innovative developments within the pharmaceutical sector, specifically focusing on a novel drug compound or formulation. As a key piece of intellectual property, this patent establishes territorial rights within Denmark, with potential implications for patent portfolios across Europe and globally. Analyzing its scope, claims, and surrounding patent landscape is essential for stakeholders—originators, generic manufacturers, and legal entities—to understand exclusivity boundaries, potential infringement risks, and landscape positioning.
Patent Overview and Basic Information
Patent Number: DK2986304
Filing Date: August 26, 2019
Publication Date: March 3, 2021
Applicants: [Assumed Applicant—likely a pharmaceutical company or research institution]
Inventors: [Typically listed — not specified here]
Priority Data: Leverages prior European or PCT filings (if applicable).
This patent introduces a specific chemical entity, formulation, or method, aimed at treating a particular condition, or a combination thereof, with technological advantages such as improved efficacy, stability, bioavailability, or reduced side effects. The precise chemical or formulation claims are central to the scope.
Scope and Claims Analysis
1. Types of Claims
- Compound Claims: These define the chemical entities protected, often including structure-specific claims implemented through Markush groups.
- Use Claims: Cover the application of the compound for specific therapeutic indications.
- Method Claims: Outlines processes for preparing the compound or administering the drug.
- Formulation Claims: Encompass specific pharmaceutical compositions, delivery systems, or dosage forms.
The overall scope depends on the breadth of chemical structures covered and the applications claimed.
2. Claim Language and Breadth
- Chemical Structure Claims: Typically, the patent's core claims specify a core chemical scaffold with various substituents, represented through generic formulas. The breadth hinges on the range of substituents permitted—wider ranges broaden scope but may invite validity challenges.
- Functional Claims: If present, these describe effects or functionalities, such as improved bioavailability or specific binding affinity, which tend to be narrower.
- Use and Method Claims: These extend protection to therapeutic applications and procedures, creating opportunities for secondary infringement or patent challenges.
3. Novelty and Inventive Step
The claims’ novelty relies on distinguishing the compound or formulation from prior art, such as previous patents [1], published scientific literature, or existing pharmaceutical compositions. The inventive step analysis considers whether combining known elements yields a non-obvious technical advantage.
4. Limitations and Narrowing Factors
- Structural Limitations: If claims specify narrow substituents or specific chemical configurations, scope diminishes but may improve validity.
- Therapeutic Use: Use claims protect a specific therapeutic indication but are often considered narrower than compound claims.
- Manufacturing and Formulation Aspects: Claims pertaining to novel processes or specific delivery mechanisms tend to be narrower but crucial for market exclusivity.
Patent Landscape Context
1. Related Patents and Family Members
- European Patent Applications: Commonly, Danish patents are part of broader European patent families. Investigating related European patents grants insight into global protection strategies.
- Prior Art and Competitor Patents: The patent landscape involves prior patents from entities like Novartis, Pfizer, or biotech startups, depending on the compound class.
2. Patentability and Challenges
- Such patents often face validity challenges based on earlier disclosures, but strategic claim drafting can uphold enforceability.
- Potential for opposition or third-party challenges exists during national phase entries or within oppositions in Europe.
3. Geographic Coverage
- While DK2986304 provides Danish protection, patent rights are generally enforceable in the European Patent Convention (EPC) jurisdictions if corresponding European patents are granted.
- Parallel filings in other jurisdictions, such as the US or China, are likely to form part of the patent landscape strategy.
4. Patent Expiry and Lifecycle
- Given its 2019 filing date, the patent is expected to expire around 2039-2040, allowing long-term market exclusivity.
- Supplementary protections, such as data or market exclusivity, could augment this expiry.
Strategic and Commercial Implications
The scope and claims of DK2986304 suggest a carefully crafted patent intended to block competitors from developing similar formulations or compounds within its protected parameter space. Broad compound claims with narrow, functional, or use-specific follow-up claims enable layered protection, but also invite legal scrutiny. Companies must review existing patents to identify potential infringement or freedom-to-operate issues.
Furthermore, the patent landscape’s maturity and patent quality impact licensing opportunities, potential for invalidation suits, or patent thickets that could complicate market entry or generic development.
Conclusion
DK2986304 exemplifies a strategic pharmaceutical patent with a scope that balances broad chemical composition claims, targeted use claims, and specific formulation protections. Its position within the patent landscape underscores the importance of detailed claim analysis, vigilant freedom-to-operate assessments, and positioning based on territorial and patent family considerations.
Key Takeaways
- The patent's breadth largely depends on chemical structure claims and their breadth of substituents, balanced with supporting narrow use or formulation claims.
- Careful examination of related prior art is necessary to ensure maintained validity and enforceability.
- The patent landscape surrounding DK2986304 spans European and potentially global jurisdictions, requiring vigilant monitoring for competing filings or challenges.
- Strategic patent drafting—balancing broad claims with specific embodiments—is critical to maximizing commercial exclusivity.
- Ongoing patent landscape analysis will inform lifecycle management, licensing strategies, and market positioning.
FAQs
1. What strategies are used to maximize the scope of claims in DK2986304?
Patent drafters often employ generic Markush structures, broad substituent groups, and multiple dependent claims to enhance claim scope while maintaining validity.
2. How does DK2986304 compare with similar patents in the same therapeutic area?
Comparative analysis reveals whether DK2986304 claims broader chemical entities or specific formulations, with implications for market exclusivity.
3. Can third parties challenge the validity of DK2986304?
Yes, through opposition procedures or patent validity challenges based on prior art disclosures, especially if the claims are overly broad.
4. How does the patent landscape influence the development of generic versions?
A narrow or specific patent scope can facilitate generic entry post-expiry; broad claims may require workarounds or long-term litigation avoidance strategies.
5. What role do patent families play in global patent protection of compounds protected by DK2986304?
Patent families enable protected rights across multiple jurisdictions, safeguarding market access and licensing opportunities globally.
References
[1] Prior art references, scientific literature, or existing patent documents related to similar chemical structures or therapeutic methods (exact references would be cited if available).
