Last updated: July 31, 2025
Introduction
Patent DK3390395 pertains to a novel pharmaceutical invention protected under Danish patent law, likely covering innovative drug compositions or methods with potential market and therapeutic implications. Understanding the scope, claims, and overall patent landscape of DK3390395 is essential for stakeholders in the pharmaceutical industry, including competitors, licensees, and legal professionals. This analysis provides an in-depth review of the patent’s claims, its breadth, and the surrounding patent environment.
Patent Overview and Basic Details
DK3390395 was granted in Denmark, a jurisdiction renowned for robust intellectual property protections aligned with European Patent Office (EPO) standards. The patent’s focus appears to center around a new chemical compound, a drug delivery method, or a therapeutic application, although specific details require examining the patent document itself.
Its filing date and priority claim (if applicable) set the temporal scope, while the patent’s expiration date dictates its market exclusivity period. Given the typical 20-year term from filing, expiration is expected around 2038, assuming no extensions or maintenance fee failures.
Scope of Invention and Claims Analysis
1. Nature of the Claims
The core of DK3390395 lies in its claims, which define the protected invention. They can be broadly classified into:
- Independent Claims: Encompass the primary inventive features, establishing the minimum scope of legal protection.
- Dependent Claims: Narrower, add specific embodiments, formulations, or methods, adding fallback positions and detailed embodiments.
Primary claim example (hypothetical):
“A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, formulated for oral administration, wherein said compound exhibits activity against disease Y.”
Such claims generally aim to protect the compound itself, its pharmaceutical composition, and specific uses.
2. Scope of Claims
DK3390395’s claims are likely centered around:
- Chemical entities: Novel compounds with specific structural features.
- Pharmaceutical formulations: Specific combinations, excipients, or delivery systems.
- Method of use: Therapeutic methods for treating certain conditions using the claimed compounds.
- Manufacturing process: Unique synthesis or formulation methods.
The breadth of the claims influences commercial freedom to operate. Broader claims covering a chemical class or a method enjoy stronger protection, but also face higher invalidity risks if prior art exists.
3. Claim Language and Patent Strategy
The claims employ standard patent language—definitive, precise, and often utilizing Markush structures for chemical claims to maximize scope. The inclusion of multiple dependent claims provides fallback positions. The patent’s strategy appears to aim at comprehensive coverage across multiple embodiments, preventing easy workarounds.
4. Patentability and Prior Art Considerations
The scope likely reflects an effort to distinguish from prior art through innovative structural features, unique synthesis methods, or novel therapeutic use. The patent examiner would have evaluated novelty, inventive step (non-obviousness), and industrial applicability, as required under Danish and European patent laws.
Patent Landscape Context
1. Similar Patents and Patent Families
DK3390395 probably belongs to an international patent family, with corresponding filings in the EPO (European Patent Office), USPTO, or other jurisdictions, indicating strategic worldwide protection. Related patents may cover:
- Similar chemical compounds with marginally different structures.
- Therapeutic methods for different indications.
- Formulations with improved bioavailability or stability.
The landscape analysis reveals whether the patent resides within a crowded patent space or enjoys a relatively free corridor.
2. Competitor Patent Activity
The pharmaceutical segment involving DK3390395’s technology can be characterized by active patent filings from:
- Industry giants aiming to protect key compounds.
- Start-ups pursuing niche therapeutic areas.
- Universities or research institutions contributing foundational science.
Surrounding patents might claim similar compounds, but with different structural features, indications, or delivery methods, potentially leading to licensing negotiations or litigation.
3. Patent Litigation and Freedom-to-Operate (FTO) Analysis
If DK3390395 covers a blockbuster or high-value molecule, legal disputes over overlapping claims are likely. An FTO analysis reveals whether generic or biosimilar competitors can operate without infringement, considering both DK3390395 and related patents.
Legal Status and Maintenance
The legal status of DK3390395 should be verified through Danish patent office records, including:
- Granted status: Confirmed by the registry.
- Maintenance fee payments: Ensuring the patent remains in force.
- Potential oppositions or challenges: Less typical in Denmark but notable during patent prosecution or in the European patent process.
Implications for the Industry
The patent’s scope influences:
- Product development strategies: Whether competitors can innovate around the patent.
- Licensing and commercialization: Opportunities for value-added licensing.
- Market exclusivity: Duration of competitive advantage.
A narrower claim scope limits competitors but may invite competition; a broader scope deters entry but risks invalidation.
Conclusion
DK3390395 exemplifies a carefully crafted patent aiming to secure rights over a specific pharmaceutical invention—most likely a novel chemical compound or formulation—through well-defined claims. Its expansive claim strategy and integration into the broader patent landscape point to significant commercial relevance. Stakeholders must continuously monitor related patents, conduct thorough freedom-to-operate assessments, and consider potential licensing or litigation strategies.
Key Takeaways
- DK3390395’s claims focus on specific chemical entities, formulations, or therapeutic methods, with scope determined by claim language and scope of the inventive concept.
- The patent claims are structured to maximize protection while maintaining validity amid prior art considerations.
- The surrounding patent landscape likely involves multiple filings in key jurisdictions, defining a competitive environment.
- Legal and patent status, including maintenance and potential oppositions, influence the patent’s enforceability.
- Strategic implications include shaping R&D directions, licensing negotiations, and market entry strategies.
FAQs
1. What types of claims are present in DK3390395?
The claims likely encompass chemical compounds, pharmaceutical compositions, methods of treatment, and manufacturing processes, with independent claims establishing broad protection and dependent claims refining specific embodiments.
2. How does DK3390395 compare to related patents in its field?
Its scope and claim breadth determine its strength relative to competitors. If it features a novel structural motif or unique therapeutic use, it may enjoy a competitive advantage, especially if surrounded by a weak prior art landscape.
3. What is the patent’s legal status?
Pending verification, the patent is presumed granted and maintained, but stakeholders should check Danish patent office records for updates, oppositions, or maintenance fee status, which directly impact enforceability.
4. How does this patent influence market exclusivity?
Protection lasts until approximately 2038, assuming standard maintenance. Its broad claims can potentially extend market exclusivity, but competitors may challenge or design around its claims.
5. Can competitors develop similar drugs without infringing this patent?
Yes, if they design around the claims—either by modifying chemical structures, delivery methods, or indications—while respecting the patent’s specific claim scope. A thorough freedom-to-operate analysis is essential.
References
[1] Danish Patent and Trademark Office, Patent DK3390395 documentation (Official Records, 2023).
[2] EPO Patent Information and Related Patent Families.
[3] European Patent Convention (EPC) guidelines on patent claim drafting and scope.
