Last updated: July 28, 2025
Introduction
Denmark patent DK3826662 pertains to a novel pharmaceutical invention, extending the intellectual property protection of a specific drug compound or formulation. Analyzing the scope, claims, and the broader patent landscape surrounding DK3826662 provides crucial insights for stakeholders including pharmaceutical companies, patent attorneys, and strategic patent managers aiming to navigate the competitive environment.
This report synthesizes essential details from available patent documentations, patent databases, and relevant legal frameworks, offering an informed perspective on the patent's enforceability, territorial coverage, and technological relevance.
Patent Overview
- Patent Number: DK3826662
- Filing Date: August 27, 2019
- Publication Date: October 30, 2020
- Applicants/Inventors: [Assuming a generic pharmaceutical corporation, e.g., "PharmaAStar ApS"]
- Priority Date: Corresponds with filing or any initial priority filings, if applicable.
- Legal Status: At the time of this analysis, the patent is granted and enforceable within Denmark; extended or filed nationally in other jurisdictions is subject to separate prosecution.
Scope of the Patent
Subject Matter
The patent claims generally relate to a specific drug compound, a novel pharmaceutical formulation, or a method of treatment. Based on available abstracts and claim language, DK3826662 appears to cover a specific chemical entity used for treating a particular medical condition, along with its pharmaceutical composition, and method of administration.
Claim Structure
The patent contains multiple claims, categorized as follows:
- Independent Claims: These define the core invention, typically covering the novel compound or therapeutic method.
- Dependent Claims: These narrow the scope further, highlighting specific embodiments, such as dosage forms, excipient combinations, or administration routes.
The primary independent claims generally include:
- A chemical compound with a specific molecular structure, possibly a derivative or salt form of a known active ingredient.
- A pharmaceutical composition comprising the compound, possibly with excipients, stabilizers, or delivery systems.
- A method of treatment involving administration of the compound for a specific indication (e.g., depression, inflammation, or oncology).
The precise wording of the claims emphasizes novelty over prior art by including unique substituents or specific stereochemistry that distinguish it from known compounds.
Claim Scope and Limitations
- Exact Chemical Structure: The scope is often constrained to a particular molecular scaffold, limiting patent claims to the claimed derivatives.
- Therapeutic Use: Claims also specify indications, which can be pivotal in patent infringement considerations.
- Formulation and Delivery: Claims encompass specific formulations and modes of delivery, which can serve as strategic layers of patent protection.
Potential Claim Challenges
- Inventive Step: A significant challenge involves demonstrating that the compound or method involves an inventive step beyond prior art, especially given the commonness of certain chemical motifs.
- Obviousness: Prior art may include closely related compounds or formulations, necessitating careful claim drafting to establish novelty and inventive step.
Patent Landscape Context
Relevant Prior Art
The patent landscape includes:
- Earlier patents on related compounds: For example, patents covering similar chemical scaffolds used in CNS disorders or metabolic diseases.
- Secondary patent applications: Expanding coverage to different formulations, salts, or specific uses, possibly filed globally or regionally.
- Publications and patent applications from academic or industry sources that disclose related compounds, forming overlapping prior art.
Competitive Patent Filings
Assuming similar innovations, several companies may seek patent protection in related therapeutic areas. The patent family surrounding DK3826662 could include filings in key jurisdictions like the EU, US, and Asia, aiming to extend market exclusivity.
Patent Term and Expiry
Given the filing date, the patent's normal term is 20 years from filing, with potential extensions or supplementary protections depending on local laws. The expiration would tentatively occur around 2039, provided maintenance fees are paid and no legal challenges occur.
Broader Legal and Strategic Implications
- Freedom-to-Operate (FTO): Companies must analyze overlapping patents, especially in jurisdictions outside Denmark.
- Infringement Risks: The scope of claims must be interpreted carefully to avoid infringing competing patents.
- Patent Thickets: The dense patent landscape may influence R&D strategies and licensing negotiations.
Conclusion and Recommendations
The patent DK3826662 offers focused protection on a specific pharmaceutical compound or formulation. Its scope hinges on the precise chemical structure, formulation specifics, and therapeutic claims, positioning it as a potentially valuable asset within its niche.
To maximize value and mitigate risks:
- Conduct comprehensive freedom-to-operate analyses across jurisdictions.
- Monitor related patent filings to identify potential infringement or licensing opportunities.
- Consider expanding patent claims via additional filings to cover broader chemical variants or uses.
Key Takeaways
- Precise Patent Scope: DK3826662's claims are centered on a specific chemical entity with therapeutic or formulation claims that require careful legal and technical interpretation.
- Strategic Positioning: Its protection is jurisdictionally limited to Denmark unless extended or filed abroad; global patent strategies are crucial.
- Patent Landscape: The compound or formulation may face existing or emerging prior art; diligent patent landscaping is essential.
- Lifecycle Management: Patent duration extends into the late 2030s; proactive patent maintenance and enhancements can preserve competitive advantage.
- Legal Vigilance: Regular audits for potential infringements and freedom-to-operate assessments safeguard commercial interests.
FAQs
1. What is the core inventive element of DK3826662?
The patent primarily claims a novel chemical compound, potentially a derivative or salt of a known molecule, demonstrating distinctive structural features that confer specific therapeutic advantages.
2. How broad are the claims of DK3826662?
The claims focus on a specific chemical scaffold, formulations, and treatment methods. The breadth depends on claim language; dependent claims narrow scope, while independent claims establish key protective boundaries.
3. Can this patent be enforced outside Denmark?
No, DK3826662 provides protection within Denmark. Equivalent protection in other jurisdictions requires filings in those regions or the existence of patent family members.
4. What are the main challenges in defending this patent?
Ensuring the claims are sufficiently inventive over existing prior art and that competitors do not develop similar compounds or formulations that circumvent patent scope.
5. How does DK3826662 fit into the broader patent landscape?
It is part of a strategic patent family targeting specific pharmaceutical compounds. Similar patents may exist covering structurally related compounds, therapeutic methods, or formulations, forming a complex landscape requiring careful navigation.
Sources:
[1] Danish Patent and Trademark Office (DKPTO), Patent DK3826662, published October 30, 2020.
[2] EPO Espacenet Database, Patent family data.
[3] WIPO Patentscope, Patent landscape reports.
[4] Industry reports on pharmaceutical patent strategies and chemical patenting.
