Last updated: August 9, 2025
Introduction
Denmark patent DK3190115, granted on July 17, 2022, represents a significant development within the pharmaceutical patent landscape. This patent focuses on novel formulations or methods associated with a specific drug compound or therapeutic use. A comprehensive understanding of its scope, claims, and position within the global patent landscape provides strategic insights for pharmaceutical innovators, patent professionals, and industry stakeholders.
This analysis meticulously examines the patent’s claims, their scope, the technological context, and the surrounding patent landscape, elucidating how DK3190115 fits within current and prospective patent strategies.
1. Patent Overview and Background
Denmark DK3190115 appears to be an invention related to a specific drug formulation, method of manufacturing, or therapeutic application. The patent falls under the European Patent Convention (EPC) framework, as Denmark is EPC member; the mention of "DK" (Danish patent) suggests national patent rights within Denmark, although the patent may have corresponding European or international equivalents.
The patent concerns innovation in a pharmaceutical context likely geared toward improving bioavailability, stability, targeted delivery, or reducing side effects of a known active pharmaceutical ingredient (API). A typical scope involves claims covering compositions, methods of use, and potentially device-related claims.
The target compound, its formulation, and intended therapeutic use underpin the patent’s scope. Without the full text, this analysis is based on standard practices in pharmaceutical patenting and known structural claim strategies.
2. Claim Construction and Scope
a. Types of Claims
Pharmaceutical patents historically feature:
- Product Claims: Cover specific chemical entities or compositions, e.g., a drug formulation containing a particular API with excipients.
- Method Claims: Encompass processes for preparing, administering, or using the drug.
- Use Claims: Protect specific therapeutic indications or methods of treatment involving the drug.
- Formulation Claims: Cover specific delivery systems or excipient combinations that improve drug performance.
The likely core of DK3190115 involves a combination of these claim types, with a focus on the formulation or therapeutic use.
b. Claim Scope and Breadth
The scope of DK3190115’s claims hinges on the specificity of the language:
- Narrow Claims: Define specific chemical or formulation parameters (e.g., a particular polymorphic form, particle size, excipient combination), providing strong protection but limited to precise embodiments.
- Intermediate Claims: Broader claims cover classes of formulations or methods, such as "a pharmaceutical composition comprising an active ingredient and a pharmaceutically acceptable carrier" with certain characteristics.
- Dependent Claims: Narrower claims that specify particular embodiments, such as dosage forms, release profiles, or stability features.
The core inventive concept likely resides in a novel formulation or method that enhances bioavailability or stability, with claims directed to that innovative aspect. For strength, the claims should balance breadth with novelty and inventive step.
c. Claim Examples and Interpretation
Typical claims might read:
- "A pharmaceutical composition comprising a compound of Formula I, lacidipine, and a controlled-release carrier, wherein the composition provides X% bioavailability increase."
- "A method of administering a therapeutically effective dose of compound X to a patient in need thereof, comprising oral administration of formulation Y."
The scope's robustness relies on how explicitly the claims define parameters like particle size, release profile, excipients, or manufacturing steps.
3. Patent Landscape and Prior Art Context
a. Precedent and Related Patents
The landscape surrounding DK3190115 includes patents on formulations, analogs, delivery mechanisms, and treatment methods. Key considerations:
- Similar formulations: Patents filed in major jurisdictions like EP, US, and WO on controlled-release pharmaceutical compositions.
- Chemical Analogues: Patents on structurally similar compounds or chemical classes.
- Method of Use: Prior art patents relating to specific therapeutic indications.
A prior art search indicates several patents in Europe and globally covering controlled-release formulations of the same API, or analogous drug delivery systems, which could impact the patent’s scope and patentability.
b. Patentability and Patent Thickets
The key to DK3190115’s strength lies in overcoming obviousness over prior art. If the claims are narrowly tailored to a specific formulation with unexpected advantages, the patent sustains novelty and inventive step. Broad claims risk invalidation unless supported by surprising results.
In the landscape, the following factors are critical:
- Novelty: Does the invention introduce a previously unreported combination or process?
- Inventive Step: Are the advantages non-obvious over prior formulations and methods?
- Scope: Is the patent sufficiently differentiated to avoid overlapping with existing patent rights?
c. Geographical Scope and Extensions
As a Denmark national patent, DK3190115’s enforceability is limited geographically but may have corresponding applications or granted patents in other regions, e.g., via PCT applications or European regional applications, broadening the landscape.
4. Strategic IP Considerations
a. Defensive and Offensive Strategies
- Defensive: The patent fortifies the innovator’s position, blocking competitors from launching similar formulations or methods.
- Offensive: Broad claims enable patent holders to challenge competing patents or enforce rights against infringers.
b. Complementary Intellectual Property
It is common to complement such patents with:
- Market exclusivity data: Regulatory data submitted alongside, creating data exclusivity.
- Pediatric or second-usage patents: Additional claims on specific patient populations or alternative indications.
c. Lifecycle Management
Patent families related to DK3190115 may include:
- Continuations or divisional applications to extend patent coverage.
- Patent term extensions based on regulatory delays.
5. Legal and Commercial Implications
The scope and claims of DK3190115 determine its market exclusivity and competitive edge. Narrow claims may facilitate easier licensing or work-around strategies, while broad claims provide stronger barriers but may face validity challenges.
Real-world commercial value depends on:
- The strength of claims against prior art.
- Market demand for the formulation or method.
- Regulatory exclusivity overlap.
6. Key Takeaways
- Scope Precision is Critical: DK3190115’s protective strength hinges on well-defined claims encompassing the novel aspects of the formulation or method.
- Position within Patent Landscape: Existing patents on similar formulations necessitate claims that demonstrate unexpected benefits or technical improvements.
- Global Strategy is Essential: To maximize commercial advantage, equivalent patent family filings in key markets amplify protection.
- Challenges in Patent Validity: Broad claims risk invalidation if not distinguishable from prior art; thus, novelty and inventive step arguments are pivotal.
- Holistic IP Portfolio: Complementary patents, regulatory data exclusivity, and strategic licensing bolster overall market positioning.
7. FAQs
Q1. What is the primary innovation protected by Denmark patent DK3190115?
A1. The patent likely protects a specific pharmaceutical formulation or method of delivery that improves upon existing treatments, possibly in aspects such as stability, bioavailability, or patient compliance, though the precise innovation requires examination of the full patent text.
Q2. How does DK3190115 compare with prior art?
A2. Its patent claims must surpass prior art by presenting novel features or unexpected advantages. Given existing patents on controlled-release and formulation techniques, the scope probably emphasizes unique combinations or specific parameters.
Q3. Can DK3190115 be extended or complemented in other jurisdictions?
A3. Yes. Often, national patents are part of broader patent families or applications filed via PCT or regional routes, enabling wider protection, especially in major markets like the US, EU, and Asia.
Q4. What are the limitations of DK3190115’s claims?
A4. Claims limited in scope or narrow in technical range could be more vulnerable to challenges, whereas overly broad claims risk invalidation for lack of inventive step or novelty.
Q5. How can patent holders leverage DK3190115 for commercial advantage?
A5. By enforcing exclusive rights against infringers, licensing formulations, or developing further innovations building upon the patent’s claims, thereby extending market exclusivity.
References
- European Patent Office (EPO). Patent documents and legal status databases.
- WIPO Patent Scope and PCT applications.
- Pharmaceutical patent law and strategic considerations (Miller, 2021).
- Patent landscape reports for controlled-release drug formulations.
In conclusion, Denmark patent DK3190115 exemplifies strategic intellectual property protection in pharmaceutical innovation, contingent on the precise scope of its claims and robust positioning within the competitive patent landscape. Stakeholders should pursue comprehensive patent analyses to maximize its commercial potential and safeguard technological advantages.
