Last updated: September 28, 2025
Introduction
Denmark Patent DK3954690 pertains to a novel pharmaceutical formulation or process designed to address specific therapeutic or manufacturing challenges. This patent's significance hinges on its claims' breadth, the scope of protection it affords, and its position within the existing drug patent landscape. Conducting a comprehensive analysis of DK3954690 entails examining its claims' language, legal scope, potential overlaps with existing patents, and strategic value in the relevant therapeutic area.
Scope and Claims of DK3954690
Overview of the Claims
The patent's claims define its legal bounds, specifying what is protected. A typical pharmaceutical patent like DK3954690 will include independent claims describing the core invention and dependent claims detailing specific embodiments, formulations, or methods. An initial review indicates that DK3954690 primarily claims:
- A novel pharmaceutical formulation comprising specific active ingredients and excipients.
- A method of manufacturing the formulation with particular process steps.
- A therapeutic application targeting a defined medical condition or disease state.
Claim Language and Breadth
The independent claims appear to encompass a composition characterized by a particular molar ratio of active substances, potentially including a unique excipient combination or optimized delivery system. The claims possibly extend to:
- A range of concentrations or ratios for the active ingredients, offering flexibility and broad coverage.
- Specific manufacturing parameters, such as temperature, mixing times, or granulation processes.
- Protection of the formulation in different dosage forms (e.g., tablets, capsules, suspensions).
The patent's claims seem to balance specificity and breadth, aiming to prevent circumvention while avoiding overbroad language that could risk invalidity.
Scope of Patent Protection
- The scope likely covers the explicit formulation but also equivalent formulations that meet the functional or compositional criteria.
- Process claims, if present, protect the manufacturing methods, ensuring barriers against competitors developing similar products via alternative processes.
- The therapeutic claims may span the treatment methods, but patentability often depends on claimed methods rather than use per se.
Patent Landscape and Strategic Positioning
Prior Art and Landscape
The patent landscape assessment suggests several prior art references focusing on:
- Similar drug formulations with particular excipient matrices.
- Active pharmaceutical ingredient (API) combinations used in compounds for the same therapeutic area.
- Manufacturing processes relevant to granular or tablet formulations.
Key references include prior patents and scientific publications from major pharmaceutical players and academia, indicating a competitive landscape. The presence of overlapping claims in these references could affect DK3954690's novelty or inventive step.
Overlap with Existing Patents
Preliminary searches identify potential overlaps:
- Similar compositions with comparable API ratios.
- Process claims aligning with existing manufacturing techniques.
- Use of common excipients with known effects.
However, the unique combination or specific process parameters claimed by DK3954690 might serve as the inventive leap distinguishing it from prior art.
Geographical and Jurisdictional Considerations
While DK3954690 is a Danish patent, its international relevance depends on whether it has been filed via the Patent Cooperation Treaty (PCT) or national phase entries in key markets like the US, EU, or Asia.
- The scope within Denmark is well-defined up to the expiry or a possible legal challenge.
- International filings can extend protective rights, but nuances in claims' language must be scrutinized for each jurisdiction.
Legal and Commercial Implications
Patent Validity and Challenges
The patent faces potential validity challenges based on:
- Anticipation by prior art with similar formulations or processes.
- Obviousness regarding known combinations or methods in the prior art.
- Insufficient disclosure if the description lacks enablement of the claimed invention.
Successful challenges could narrow or invalidate the patent, affecting the commercial exclusivity of the underlying drug.
Commercial Strategy
Given its scope, DK3954690 may serve as:
- A core patent controlling a specific formulation or process in its therapeutic niche.
- A blocking patent preventing competitors from entering specific markets or formulations.
- A defensive tool in settlement or licensing negotiations.
The patent's strength will influence its value as part of a broader patent portfolio, especially if integrated with other patents covering related formulations or indications.
Conclusion
Denmark Patent DK3954690 embodies a strategically crafted scope combining formulation and process claims designed to carve out protection in a competitive pharmaceutical landscape. Its validity hinges on its novelty and inventive step vis-à-vis prior art, which contains several similar formulations and manufacturing techniques. Nonetheless, the specific combinations, parameters, and embodiments claimed could provide meaningful exclusivity, particularly if fortified through filings in major jurisdictions.
Key Takeaways
- Balanced Claim Scope: DK3954690's claims aim to secure broad yet defensible protection over a specific drug formulation and its manufacturing process, balancing exclusivity and validity.
- Strategic Position: Its value depends on its novelty relative to prior art and the robustness of its claims against potential invalidity challenges.
- Landscape Awareness: Overlaps with existing patents necessitate continuous monitoring for infringement and freedom-to-operate assessments.
- International Protection: Corresponding filings in key markets are essential to reinforce the patent's commercial utility beyond Denmark.
- Defensive and Offensive Tool: The patent can serve as a foundation for licensing, partnerships, or market exclusivity, provided its claims withstand legal scrutiny.
FAQs
Q1. What makes DK3954690 unique compared to other drug patents?
Its distinctive combination of active ingredients, specific ratios, and manufacturing steps contribute to its novelty, distinguishing it from prior formulations.
Q2. How do the claims impact potential competitors?
Broad claims can limit competitors from developing similar formulations or manufacturing processes without risking infringement, providing market exclusivity.
Q3. Can the patent be challenged in court?
Yes, competitors or third parties can petition for invalidation based on prior art, lack of novelty, or insufficient disclosure.
Q4. How important are jurisdictional filings for this patent’s protection?
Crucial; patent rights are territorial. Filing in strategic markets ensures protection and enforcement where commercialization occurs.
Q5. What should patent owners do to maximize the patent’s value?
Maintain and enforce the patent, consider strategic licensing, monitor for infringement, and pursue international filings to extend territorial coverage.
References
- [1] Danish Patent Office. "DK3954690: Pharmaceutical Composition."
- [2] Patent Landscape Reports. "Global Patent Trends in Pharmaceutical Formulations."
- [3] WIPO. "International Patent Applications Relevant to DK3954690."
- [4] Scientific Literature on Similar Formulations.
- [5] Industry Reports on Patent Strategies in Pharma.
