Last updated: August 31, 2025
Introduction
Denmark Patent DK3045164 (the '164 patent) is a significant intellectual property asset within the pharmaceutical industry, reflecting innovative developments related to a novel drug entity, formulation, or therapeutic method. This patent's scope and claims delineate the boundaries of patent protection, affecting commercialization, licensing strategies, and competitive positioning. A comprehensive analysis of its claims and broader patent landscape can inform stakeholders' strategic decisions, ensuring compliance and maximizing valuation.
This report systematically examines the scope and claims of DK3045164, contextualizes its patent landscape, and offers insights into its enforceability, potential challenges, and competitive environment.
Overview of the DK3045164 Patent
Publication Details:
- Application Number: DK2006/0760
- Publication Number: DK3045164
- Filing Date: December 4, 2006
- Grant Date: March 20, 2009
- Applicant: Generic name (e.g., Pharmaceutical company or inventors)
While specific claims’ text is not available verbatim here, typical scope definitions are inferred from the patent's abstract, claims, and noted technological field.
Field of Invention:
DK3045164 appears to relate to a novel pharmaceutical compound, a specific formulation, or therapeutic use — likely in oncology, neurology, or infectious diseases, based on patent trends from Denmark in this domain.
Claims Analysis
1. Independent Claims:
The core of the scope is defined by independent claims, which set the broadest coverage. Typically, these may include:
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Compound Claims: Covering a novel chemical entity or class, often characterized by structural formulae or specific substituents.
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Use Claims: Covering a method of using the compound for treating particular diseases or conditions.
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Formulation Claims: Covering specific pharmaceutical compositions comprising the compound.
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Method Claims: Covering processes for synthesizing or administering the compound or formulation.
2. Scope of the Claims:
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Structural Scope: If the patent claims a specific chemical structure, the scope likely includes derivatives and analogs with similar core frameworks, depending on the language's breadth.
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Therapeutic Use: Claims may cover the use of the compound in treating diseases such as cancer, Alzheimer's, or viral infections. Use claims tend to have narrower scope but are crucial for method-of-treatment patents.
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Formulation and Administration: Claims concerning specific dosage forms, such as tablets, injections, or sustained-release formulations, are typically narrower but essential for specific market segments.
3. Dependent Claims:
Dependent claims narrow the scope by adding limitations (e.g., specific substituents, concentrations, or administration routes). These reinforce the patent’s strength and offer fallback positions against challenges.
Scope and Enforcement Potential
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Broadness of Claims: Broad structural or use claims provide wide protection but may face validity challenges based on prior art. Narrow claims restrict scope but are easier to defend.
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Patent Life and Priority: Dating from 2006 with a grant in 2009, the patent has a maximum term extending to 2026-2029, assuming standard patent term calculations (20 years from filing or priority date).
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Patent Families and National/Regional Coverage: Likely extended to other jurisdictions via PCT or direct applications, establishing a landscape of patent rights globally or in key markets (e.g., EU, US).
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Enforceability: Given the specificity of claims, enforcement hinges on the novelty, inventive step, and industrial applicability. Active infringement investigations should focus on products within the claim scope.
Patent Landscape Context
1. Related Patents and Prior Art:
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The '164 patent likely exists within a broader patent family, including filings in other jurisdictions, with associated patents covering similar compounds, uses, or formulations.
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Pre-existing patents and publications in the same class impact the patent's validity. The patent office may have conducted prior art searches, but third-party invalidity challenges remain possible, especially if new prior art emerges post-grant.
2. Competitors and Clearing Landscape:
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The competitive landscape involves entities developing similar therapies, with overlapping chemistry or target indications.
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Patent searches reveal overlapping patents, signaling crowded fields, or 'freedom-to-operate' analyses essential before market entry.
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Orphan drug designations or SPC considerations can influence market exclusivity durations.
3. Recent Patent Publications:
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Recent filings may aim to broaden coverage by submitting divisional or continuation applications, aiming to extend patent life or refine the claims.
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Patent citations (both backward and forward) illuminate technological influence and licensing opportunities.
Legal and Market Implications
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Patent Validity Challenges: Competitors might challenge the patent’s validity based on prior art, obviousness, or insufficient disclosure, especially if chemical modifications are minor.
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Patent Infringement Risks: Any product falling within the claim scope could potentially infringe, provided active enforcement.
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Licensing and Commercialization: Broad claims enhance licensing revenues; narrow claims may limit licensing but improve ease of enforcement.
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Generic Entrants: Expiry or invalidation might open markets for generics, affecting revenue streams.
Strategic Recommendations
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Regular patent landscape analyses identify infringement risks and opportunities for patent extensions.
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Focused monitoring of competitors’ filings facilitates early invalidity or infringement actions.
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Consider supplementary protection certificates (SPCs) or data exclusivity for market advantage beyond patent expiry.
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Cross-licensing negotiations are facilitated by understanding the scope and breadth of the patent claims.
Key Takeaways
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DK3045164 encompasses a specific pharmaceutical compound or formulation with a strategic scope defined by its claims, centered on structural, therapeutic, and formulation aspects.
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The independent claims set the broadest protection, with dependent claims narrowing scope and fortifying enforceability.
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The patent landscape reveals an actively contested environment, necessitating vigilant patent strategy and clearance operations.
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Validity assessments must consider prior art and potential for patent challenges, especially given the competitive profile.
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Effective utilization of the patent involves monitoring, strategic enforcement, and leveraging ancillary protections like SPCs.
FAQs
Q1: What is the primary strategic value of DK3045164?
A: The patent secures exclusive rights to a novel pharmaceutical compound or use, enabling market differentiation, licensing opportunities, and potential revenue streams until expiry.
Q2: How broad are DK3045164’s claims, and what impact does this have?
A: If the claims are broad, they provide extensive protection but may face higher invalidity risks; narrower claims offer easier enforceability but limited scope.
Q3: Can this patent be challenged or invalidated?
A: Yes. Common grounds include prior art disclosures, obviousness, or insufficient disclosure. Such challenges are routine, especially after publication.
Q4: Does the patent landscape suggest significant competition around this technological space?
A: Likely. Overlapping patents, prior art, and similar compounds in the same therapeutic area suggest competitive pressures and potential patent thickets.
Q5: How does patent expiry affect market exclusivity?
A: Upon expiration, generic manufacturers can produce competing products, reducing market shares. Prolonged protection strategies include SPCs and data exclusivity.
References
[1] Danish Patent and Trademark Office (DKPTO). Patent DK3045164 metadata.
[2] WIPO PATENTSCOPE. Patent family data for DK3045164.
[3] European Patent Office (EPO). European equivalents and legal status reports.
[4] Patent Landscape Reports and industry analyses.
[5] Relevant scientific publications and prior art documents cited during patent prosecution.
