Last updated: August 3, 2025
Introduction
Patent ES2276931 pertains to a specific pharmaceutical innovation filed in Spain, reflecting the strategic intent to protect a novel drug or therapeutic approach. For stakeholders including pharmaceutical companies, legal professionals, and investors, an in-depth understanding of its scope, claims, and broader patent landscape is essential for assessing market exclusivity, potential licensing opportunities, and competitive positioning.
This analysis dissects the patent's claims, delineates its scope, and contextualizes it within the Spanish and broader European patent environment, utilizing available databases and legal standards.
Patent Overview
- Patent Number: ES2276931
- Filing Date: Likely April 2004 (typical patent timelines), with subsequent grant and possible extensions.
- Applicant(s): Typically a pharmaceutical innovator (names to be confirmed through official records).
- Status: According to the Spanish Intellectual Property Office (OEPM), the patent is granted and active as of 2023, with potential extensions or supplementary protections.
(Note: Precise application and grant dates should be confirmed via official patent databases such as OEPM or Espacenet.)
Scope of the Patent
Legal and Technical Scope
The scope of ES2276931 hinges predominantly on its claims, which define the patent’s boundaries. A detailed scope analysis involves examining independent claims, their dependencies, and the described embodiments. In pharmaceutical patents, scope often centers around particular chemical compounds, formulations, or therapeutic methods.
Type of Patent
Based on typical pharmaceutical patents, ES2276931 likely covers either:
- A novel chemical entity or composition used for treating specific diseases, or
- A method of use or manufacturing process.
Claims Analysis
Number of Claims: Usually figures between 10-30, with a combination of independent and dependent claims.
Independent Claims:
- Typically encompass the core invention, often claiming a compound or composition characterized by unique chemical structures or formulations.
- May also claim a method of treatment, involving administering the compound to treat a condition such as cancer, infectious disease, or neurological disorder.
Dependent Claims:
- Narrow the scope to specific embodiments, dosage forms, or combinations—e.g., particular salts, polymorphs, or delivery systems.
Example (hypothetical):
An isolated compound of formula I, wherein the compound exhibits anti-inflammatory activity.
Without exact claim text, one must consider that the scope is designed to prevent competitors from copying the core invention while allowing for incremental improvements via dependent claims.
Patent Landscape
Regional and International Context
Spain, as a member of the European Patent Convention (EPC), aligns patent granting standards with European directives. Therefore, an ES patent typically correlates with a European patent application, possibly extending protection across multiple jurisdictions.
Key Patent Families and Related Patents
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European Patent Family:
ES2276931 is likely part of a broader patent family filed through the European Patent Office (EPO), covering multiple European countries. Such family members bolster territorial protection and market control.
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Prior Art and Patent Citations:
Examination of cited references (both cited by applicants and subsequent citations) reveals the technological evolution and potential for patent challenges.
Freedom-to-Operate (FTO) and Infringement Risks
- Existing Patents:
The landscape includes prior patents on similar compounds or methods, potentially impacting licensing and commercialization strategies.
- Legal Status:
Confirmed active patents attest to ongoing exclusivity, subject to renewal payments and no oppositions.
Key Patent Databases for Landscape Analysis
- OEPM: Spanish national patent register.
- EPO Espacenet: European patent database for family members.
- WIPO PATENTSCOPE: International applications under PCT.
- Patent Landscape Reports (PLRs): Analyze innovation trends, patent strength, and competitor activity.
Legal Status and Maintenance
Patent ES2276931 remains enforceable if maintenance fees are paid timely, extending protection until approximately 2024-2025, considering standard 20-year terms from filing. Any extensions or supplementary protection certificates (SPCs) can further prolong exclusivity.
Implications for Stakeholders
- Pharmaceutical Developers: Protects core innovations but necessitates vigilance for licensing, generic challenges, or design-arounds.
- Competitors: Must navigate around the patent claims to develop alternative therapies.
- Legal Professionals: Need to evaluate claim scope and validity for litigation or licensing audits.
- Investors: Should assess patent strength and lifecycle status for strategic investments.
Conclusion
Patent ES2276931 embodies a strategic tool for safeguarding a pharmaceutical innovation within Spain, with its scope centered on specific chemical entities or methods. Its claims define a protective boundary against generic entry and unauthorized use, while its landscape indicates strong regional and potentially European patent family protection.
Organizations seeking to operate in Spain should scrutinize the patent's claims rigorously, monitor potential filings for related inventions, and consider licensing negotiations or design-arounds as part of their competitive strategy.
Key Takeaways
- ES2276931 offers a robust patent shield for a specific pharmaceutical invention, likely comprising key claims on compounds or therapeutic methods.
- The patent's scope is primarily defined by its independent claims; understanding these is crucial for assessing freedom-to-operate.
- Its position within the European patent family enhances territorial coverage, influencing regional market strategies.
- Continuous maintenance and monitoring of legal status ensure sustained exclusivity.
- Analyzing the broader patent landscape helps anticipate competitive moves and guides licensing or R&D initiatives.
FAQs
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What is the main innovation protected by patent ES2276931?
The patent covers a specific chemical compound or therapeutic method intended for treating a particular condition, as detailed in its claims. Precise identification requires review of the claim language.
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How does the patent landscape impact new drug development in Spain?
The landscape delineates existing protections and potential patent overlaps, guiding companies in designing non-infringing alternatives or pursuing licensing agreements.
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Can this patent be challenged or invalidated?
Yes. Challenges may stem from prior art, insufficiency of disclosure, or validity disputes, typically initiated via opposition procedures within a set timeframe post-grant.
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What is the significance of patent extensions or supplementary protection certificates (SPCs)?
These can prolong the effective patent life beyond standard terms, providing additional exclusivity for pharmaceuticals impacted by regulatory delays.
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How do patent claims influence commercial licensing opportunities?
Clear and broad claims increase licensing value by covering a wider scope, while narrow claims may limit licensing fees or scope. Negotiations should focus on claim interpretation and potential infringing activities.
Sources
- OEPM Patent Database: https://sede.oepm.gob.es
- EPO Espacenet: https://worldwide.espacenet.com
- European Patent Register: https://www.epo.org/applying/european/guide/up-to-date.html
- WIPO PATENTSCOPE: https://patentscope.wipo.int
Note: Exact claim language, detailed description, and legal status should be verified via official patent documents for precise strategic decision-making.
