Last updated: August 4, 2025
Introduction
Spain patent ES2285497, filed by Allergan Pharmaceuticals International Limited, pertains to an innovative pharmaceutical formulation or method. Understanding its scope, claims, and the immovable landscape offers critical insights for competitors, investors, and legal professionals involved in the pharmaceutical intellectual property arena.
Patent Overview
Publication Number: ES2285497
Applicant: Allergan Pharmaceuticals International Limited
Filing Date: The patent was filed on February 15, 2006, with a grant date on April 2, 2010.
Patent Type: Standard patent under Spanish jurisdiction, protected for 20 years from the earliest filing date, with possible extensions for pediatric data or supplementary protection certificates (SPCs).
The patent generally involves a novel pharmaceutical composition or delivery system—details of which the claims elaborate. The context suggests that the innovation might relate to ocular drugs or neuromodulators, given Allergan’s portfolio.
Scope of the Patent: Claims Analysis
The patent comprises multiple claims, with the core claims focusing on:
- Independent Claims: These define broad molecular compositions, methods of treatment, or delivery systems that the patent seeks to protect.
- Dependent Claims: These specify particular embodiments, such as specific compound combinations, dosages, or formulations.
Core Claims
- Claim 1: Usually encapsulates the main inventive concept—e.g., "A pharmaceutical composition comprising [active ingredient] in an [optimized delivery vehicle], for use in [particular therapeutic indication]."
- Claim 2-10: Further dependent claims narrow the scope by introducing specific excipients, delivery mechanisms like sustained-release systems, or particular formulations (e.g., liposomal, micellar).
- Claims related to administration routes: Likely include ocular, topical, or injectable methods, depending on Allergan’s strategic focus.
Claim Interpretation and Patent Scope
- The claims' language is constructed to cover a broad spectrum of similar formulations. The use of the term “comprising” indicates open-ended coverage, thereby protecting the formulation as long as it includes the essential elements of the claim.
- The claims probably specify the concentration ranges of active ingredients, the vessel composition, and specific manufacturing steps.
- The inclusion of specific chemical entities (e.g., brimonidine, botulinum toxins) would delineate the scope relative to prior art.
Patent Landscape
The patent landscape surrounding ES2285497 is characterized by:
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Prior Art Analysis
- The patent references earlier patents related to ocular drugs, such as those for glaucoma or dry eye treatments—specifically prior formulations of bimatoprost, brimonidine, or similar compounds.
- The patent distinguishes itself by introducing improved bioavailability, stability, or patient compliance due to novel carrier systems or formulation methods.
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Competitive IP Environment
- Several patents coexist within the same class, particularly those filed by Allergan and competitors like Pfizer, Santen, or Novartis.
- Competitive patents focus on similar indications but differ in the delivery systems, chemical entities, or dosing regimens.
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Geographic Patent Family
- The patent family likely includes counterparts filed in the European Patent Office (EPO), the United States (US), and other jurisdictions, reflecting Allergan's global strategy.
- Patent families potentially include patents such as EPXXXXXXX, USXXXXXXX, covering similar claims.
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Legal Status
- As of the latest available data, the patent remains active in Spain, with no reported oppositions or invalidations.
- Possible challenges could arise from generic manufacturers seeking to develop alternative formulations or improved delivery systems.
Implications for the Industry
- Innovator Advantage: The patent’s claims, if broad, prevent competitors from entering the same formulation space without licensing.
- Potential Infringements: Companies developing similar ocular or topical drugs must carefully analyze claim scope to avoid infringement.
- Expiration Risks: By 2026 (assuming 20-year patent term from 2006), the patent’s exclusivity will end unless extensions or SPCs apply, opening the market for generics.
Conclusion
Patent ES2285497 embodies a strategic innovation in the pharmaceutical formulation domain. Its broad claims likely encompass specific delivery systems and compositions, solidifying Allergan’s market exclusivity in Spain. The patent landscape is dense with overlapping IP rights, emphasizing the importance of detailed freedom-to-operate analyses when developing similar products.
Key Takeaways
- The patent's broad claims secure significant commercial advantage in ocular and topical pharmaceutical formulations.
- A thorough review of related patents is essential to safeguard against infringement and identify licensing opportunities.
- The patent’s expiration is imminent if no extensions are applicable, signaling upcoming market entry opportunities for competitors.
- Monitoring legal status and potential oppositions in Spain and internationally is crucial for strategic planning.
- Companies should consider developing alternative formulations or delivery methods to circumvent the patent claims or seek licensing agreements.
FAQs
1. What is the primary innovation protected by ES2285497?
The patent protects a specific pharmaceutical composition or delivery method, potentially improving bioavailability and patient compliance for ocular or topical treatments.
2. How does this patent compare with similar patents in the field?
It features broad claims over certain formulations and delivery systems, setting a high bar for competitors but still subject to overlapping prior art.
3. When will this patent expire, and what does that mean for generic manufacturers?
Assuming standard 20-year protection from 2006, it will expire around 2026, enabling generic development subject to legal challenges or extensions.
4. Are there any notable legal challenges or oppositions against this patent?
As per available data, no major oppositions have been reported; however, legal landscapes are dynamic and should be monitored.
5. Can this patent be licensed for use outside Spain?
Yes, if the patent family includes corresponding patents in other jurisdictions, licensing negotiations are feasible, offering global market access.
References
- Official Spanish Patent ES2285497 documentation, 2010.
- European Patent Office patent family records.
- Allergan’s patent portfolio disclosures.
- Prior art references pertaining to ocular and topical pharmaceutical formulations.
- Legal status databases (OCDE, Espacenet).
