The history of Danish drug patents For some months, discussions have focused on whether Denmark should endorse the European Patent Court and the Unitary Patent, enabling pharmaceutical companies to file a single drug patent application spanning Europe rather than following current practice and applying in every country where they market the drug. In retrospect, two dates in particular stand out in the history of Danish drug patents:
1979
1992
Until 1979, companies selling knock-off medicines enjoyed free rein. In Denmark, unlike in many other countries, patents, also called process patents, covered how a drug was produced and not the active ingredient present in the drug. Companies could easily sidestep patents and copy products simply by changing the manufacturing process. However when Denmark signed the International Patent Cooperation Treaty in 1979, product patents also provided protection for active ingredients in individual drugs. This effectively stopped the knock-off drug companies in their tracks.
In 1992, it became possible to apply for supplementary protection certificates covering drugs for up to five years. These certificates acknowledge the lengthy journey from laboratory to patient and the relatively brief window of opportunity during which pharmaceutical companies can obtain a return on their investment. Sources: • Danish Executive Order of the Patent Cooperation Treaty no. 3 of 16 January 1979 • The Official Journal of the European Union no. L 182 of 2 July 1992
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