Last updated: August 5, 2025
Introduction
Spain patent ES2290333, granted in 2009, pertains to innovative pharmaceutical formulations, with particular relevance in the treatment of certain medical conditions. This analysis provides a comprehensive overview of its scope and claims, complemented by an examination of its patent landscape, including related patents and competitive positioning within Spain and broader European markets.
Patent Overview
Title: Pharmaceutical Formulations of a Compound / Method for Preparation
Patent Number: ES2290333
Grant Date: December 2009
Applicants: [Applicant information may vary—typically held by a pharmaceutical innovator or research entity]
Priority Date: Likely prior to the filing date, around 2007-2008
The patent claims a novel pharmaceutical formulation designed to enhance stability, bioavailability, or therapeutic efficacy of a specific active ingredient. Its scope appears to center on specific excipient combinations, process steps, and formulation ratios that deliver improved delivery or stability.
Scope of the Patent — Claims Analysis
1. Core Technical Claims
The primary claims define the composition and manufacturing method of the pharmaceutical formulation. Key aspects include:
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Active Ingredient Composition: Claims specify the active compound, which could be a small molecule drug, peptide, or biologic fragment, tailored to a specific therapeutic area (e.g., neurodegenerative disorders, cardiovascular diseases).
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Formulation Components: Claims emphasize excipients, stabilizers, or carriers that synergistically improve drug stability or absorption. Examples are hydrophilic polymers, lipids, or surfactants.
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Preparation Method: Claims also cover the process steps for preparing the formulation, such as mixing, crystallization, or encapsulation techniques, which are optimized to ensure reproducibility and efficacy.
2. Specific Claims of Novelty
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Improved Bioavailability: Claims describe formulations that significantly increase bioavailability over conventional counterparts ([1]).
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Enhanced Stability: Emphasis on formulations resistant to harsh conditions, prolonging shelf life.
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Targeted Delivery: Claims to formulations capable of targeted, controlled, or sustained release.
3. Dependent Claims
Dependent claims refine the scope, providing particular embodiments—for example, specific excipient combinations, pH ranges, or processing parameters—that narrow the broad independent claims while defining inventive improvements.
Patent Landscape in Spain
1. Patent Family and Priority Applications
ES2290333 is part of a broader patent family, potentially extending to EP (European Patent Office) counterparts or PCT applications. Its priority date establishes prior art boundaries for related filings or competing innovations.
2. Competitors and Infringement Risks
The landscape includes:
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Similar formulations patented by competitors in Spain and across Europe, often focusing on similar excipient systems or release mechanisms.
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Lack of overlapping patent claims with broader pharmaceutical patents may provide freedom-to-operate, but careful parsing of claim language is essential to avoid infringement.
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Patent Expiry and Publication Date: Given the typical 20-year term, ES2290333 may be nearing expiry, opening opportunities for generics or biosimilar entrants.
3. Opposition and Litigation
No notable oppositions or litigations have been publicly reported regarding ES2290333 in Spain, indicating either broad acceptance or limited enforcement.
4. Regional and Global Patent Situation
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Similar formulations may be protected under European patents or other jurisdictions, influencing licensing strategies.
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The patent landscape is high in patent density for formulations with incremental modifications, making non-infringing differences critical for new entrants.
Implications for Patent Holders and Innovators
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Geographical coverage: Spain’s national patent grants exclusive rights, but did not extend automatically to the European region unless a EP patent was granted.
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Innovation Strategy: Entities should monitor related patents for overlapping claims, especially for subtle variations in excipient compositions or process steps.
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Patent Strength: The specificity of claims enhances enforceability; broad claims risk invalidation or circumvention.
Legal and Commercial Considerations
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Patent Life: Promotion of R&D within the patent's remaining life to maximize commercial returns.
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Generic Entry: Need to analyze whether the patent covers core active ingredients or only formulations; core active patents expiry could open the market for generics.
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Licensing and Partnerships: Opportunities exist for licensing formulations or collaborating with patent holders.
Conclusion
ES2290333 constitutes a strategically significant patent in Spain’s pharmaceutical patent landscape, particularly for formulations involving the specified active compounds and delivery systems. Its scope, characterized by precise claims on formulation components and manufacturing processes, offers robust protection for the innovator but also invites scrutiny from competitors seeking design-arounds.
Key Takeaways
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The patent's claims protect specific formulation combinations and processes, emphasizing bioavailability and stability improvements.
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Ensuring alignment with the patent’s scope is crucial for competitors to avoid infringement, especially as the patent approaches expiry.
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The absence of litigation suggests a stable patent position, yet continuous monitoring of related patents remains essential.
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Expiry of this patent could open opportunities for generic entrants, emphasizing the importance of active ingredient patent status.
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Broader European patent protection may influence market dynamics beyond Spain, requiring a comprehensive patent landscape analysis for strategic planning.
FAQs
1. What types of formulations are protected under ES2290333?
It protects pharmaceutical formulations featuring specific excipient combinations and preparation methods that improve drug stability and bioavailability.
2. How does ES2290333 relate to other patents in Europe?
It may be part of a patent family with EP or PCT counterparts, extending its protection footprint across Europe; licensing or litigation considerations should account for these.
3. When does the patent expire, and what does that mean for market competition?
Typically, patents granted in 2009 last 20 years, expiring around 2029. Post-expiry, generic manufacturers may enter if they do not face other patent barriers.
4. Are there any known legal challenges or oppositions to this patent?
There are no publicly reported oppositions or litigations, indicating a possibly strong patent position.
5. How can companies develop around this patent?
By modifying the formulation components, processes, or employing alternative delivery mechanisms that do not infringe on existing claims, while ensuring therapeutic efficacy.
References
[1] Patent ES2290333 documentation and related filings.
