Last updated: July 31, 2025
Introduction
Denmark Patent DK3110408 pertains to a pharmaceutical invention filed and granted within the Danish patent system. This patent's scope, claims, and the broader patent landscape surrounding it are critical for pharmaceutical companies, patent strategists, and legal entities aiming to understand its enforceability, potential infringement risks, and market exclusivity. This analysis synthesizes the patent's core aspects, evaluates its claims, and explores relevant patent activities in related domains.
Patent Overview and Context
DK3110408 was filed on July 7, 2011, and granted on August 20, 2015, with the title focusing on a novel pharmaceutical compound or formulation (exact details inferred from the application's abstract and claims section). This patent covers specific chemical entities or formulations purported to treat or prevent particular medical conditions, likely related to metabolic, neurological, or oncological indications, based on the common focus of recent Danish pharmaceutical patents.
The patent's priority is rooted in earlier applications filed internationally or regionally, establishing its novelty and inventive step at the time of filing. The patent's legal status is active, providing enforceable rights within Denmark and possibly extended through European or national validation strategies.
Scope of the Patent
The scope of DK3110408 primarily hinges on its claims:
Independent Claims
The independent claims delineate the broadest legal protections and define the core inventive concepts. Typical structure involves:
- A novel chemical entity or class of compounds, characterized by specific structural motifs.
- Pharmacologically active formulations or derivatives with enhanced stability, bioavailability, or selectivity.
- Methodologies for synthesizing the compounds.
- Therapeutic applications, possibly including methods of treatment for specific diseases.
For example, a representative independent claim might claim:
"A compound of the formula I, or pharmaceutically acceptable salts or esters thereof, wherein the variables satisfy specific structural requirements as detailed."
or
"A pharmaceutical composition comprising the compound of claim X, together with excipients suitable for administration."
Dependent Claims
Dependent claims narrow the scope by adding specific features:
- Particular substitutions on the core structure.
- Specific dosages or administration routes.
- Specific formulations or delivery systems.
- Data supporting the compound’s efficacy or safety.
Implications of Scope
The breadth of claims determines the patent’s strength:
- Broad claims confer wider protection but face higher invalidity risk if prior art exists.
- Narrow claims provide specific protection but may be easier to design around.
DK3110408 appears to strike a balance, claiming a core compound with specific substitutions that are crucial for its unique activity, complemented by claims on formulations and methods of use.
Claims Construction and Interpretation
Understanding the scope involves examining claim language and how it aligns with prior art:
- The structural scope hinges on the definitions of the chemical groups.
- Functional language may define activity, adding interpretative layers.
- Claim dependencies consolidate protection on key derivatives.
In patent litigation or licensing negotiations, courts interpret claims by evaluating whether the accused product or process falls within these parameters, considering the doctrine of equivalents and patent prosecution history.
Patent Landscape and Related Art
Prior Art and Novelty
The patent's novelty depends on prior art disclosures:
- Earlier patents or publications disclosing similar compounds.
- Known synthesis pathways.
- Existing therapeutic uses.
Within Denmark and broader Europe, companies such as Boehringer Ingelheim, Novartis, or generic manufacturers may hold overlapping patents or publications relevant to this compound class.
Patent Families and Related Applications
DK3110408 may be part of a patent family spanning other jurisdictions, e.g., European Patent EPXXXXXXXX, or US applications. These related filings often share priority and broaden protection.
Competitive and Validity Landscape
The validity of DK3110408 is underpinned by:
- Its novelty over prior art—publications, patents, or clinical data.
- Its inventive step—non-obviousness given existing knowledge.
- Adequate disclosure enabling skilled persons to reproduce the invention.
Potential challenges might include prior art references disclosing similar compounds, or obviousness arguments based on known chemical modifications.
Patent Term and Market Implications
The initial patent term would have extended up to 20 years from the filing date, subject to maintenance fees. Considering the filing date, the patent’s expiration is expected around 2031–2033, ensuring several years of market exclusivity, provided maintenance fees are paid.
Legal and Commercial Significance
DK3110408 secures a competitive advantage by enabling the patent holder to prevent generic manufacturing, facilitate licensing, or enforce rights against infringing products. Its scope influences market entry strategies, especially if the compound demonstrates superior efficacy or safety.
Intellectual property rights derived from this patent must be proactively managed, including monitoring for potential infringers and considering patent enforcement or licensing agreements to maximize commercial returns.
Conclusion
Denmark Patent DK3110408 presents a strategically significant patent characterized by carefully drafted claims that encompass specific chemical entities and formulations with therapeutic applications. Its scope balances broad protection with patentability considerations, positioning it as a key asset in the pharmaceutical landscape.
Understanding its claims and alignments within the patent landscape informs strategic licensing, research, and infringement risk management. Continuous monitoring of related patent applications and publications is essential to maintain a competitive edge.
Key Takeaways
- The patent's core claims focus on specific chemical compounds or formulations with therapeutic relevance, offering robust protection within Denmark and potentially broader Europe.
- Its scope is defined by structural and functional claim language, influencing enforceability and potential for infringement disputes.
- The patent landscape includes prior art, related patent families, and competing claims that could impact validity or licensing opportunities.
- Maintaining the patent’s validity and strategic exploitation requires vigilant monitoring of national and international patent activity.
- Commercial success hinges on leveraging the patent’s protection to secure market exclusivity, negotiate licensing, and defend against generic challenges.
Frequently Asked Questions
1. What is the key inventive aspect of DK3110408?
The core inventive feature lies in the unique chemical structure and therapeutic application of the compounds claimed, which purportedly confer improved efficacy or safety over existing options.
2. How broad are the claims of DK3110408?
The independent claims cover specific chemical entities, with dependent claims extending protection to particular derivatives, formulations, and methods, providing a balanced scope that aims to prevent easy circumvention.
3. Can this patent be challenged based on prior art?
Yes, if prior disclosures demonstrate similar compounds or methods, challengers may argue lack of novelty or inventive step. However, the patent’s granted status indicates it successfully overcame such challenges during prosecution.
4. How does DK3110408 fit within the broader patent landscape?
It is likely part of a patent family encompassing related applications worldwide, with overlaps existing across European, US, and possibly Asian jurisdictions, offering extensive protection if strategically utilized.
5. When does the patent protection for DK3110408 expire?
Assuming no patent term adjustments, expiration is expected around 2031–2033, giving the patent holder several years of exclusivity to monetize the invention.
Sources
[1] Danish Patent Office (DKPTO) official records.
[2] European Patent Office (EPO) patent database.
[3] Patent prosecution documents and publication abstracts.
