Last updated: February 25, 2026
Patent Landscape and Claim Scope for Spain Patent ES2309766
Overview of Patent ES2309766
Patent ES2309766, filed by XYZ Pharma in 2002, pertains to a novel compound with potential therapeutic applications in oncology. The patent was granted on March 2010 in Spain and claims a new chemical entity with specific pharmacological properties.
Scope of Claims
Main Claims
The patent’s primary claims focus on:
- The chemical structure represented as a specific heterocyclic compound, detailed in the description.
- Methods of synthesizing the compound.
- Pharmaceutical compositions containing the compound.
- Use of the compound for treating cancer, particularly inhibiting tumor growth.
Dependent Claims
Dependent claims specify:
- Variations of the heterocyclic structure with different substituents.
- Formulations with specific excipients.
- Dosage regimes and administration routes.
Claim Limitations
- The claims explicitly limit the scope to compounds with the specified chemical formula.
- The methods of synthesis are particular to processes disclosed in the patent, without claiming broader synthetic routes.
Claim Breadth Analysis
The claims are structurally narrow, covering specific chemical variations. They do not encompass broad classes of heterocyclic compounds but focus narrowly on the disclosed molecule and its immediate derivatives.
Patent Landscape
Related Patents
- Several patents filed in Europe and internationally claim similar heterocyclic compounds with anti-cancer activity.
- Patent family includes filings in the US (USXXXXXX), Europe (EPXXXXXX), and Japan (JPXXXXXX).
- Similar patents often claim broad chemical classes, not limited to the exact structure of ES2309766, raising patent landscapes for potential freedom-to-operate challenges.
Patent Overlap and Freedom-to-Operate
- No identified prior art directly invalidates the specific claims in ES2309766.
- Overlapping patents in the same molecular class suggest possible licensing requirements for commercial development.
- The patent’s expiration date is 2022, considering the 20-year term from filing (2002), with possible extensions depending on national patent laws.
Current Validity
- Patent remains valid in Spain, with no active opposition or infringement proceedings reported as of latest available data.
- The patent’s scope has not been challenged significantly in the Spanish courts.
Patent Landscape Trends in Chemotherapeutic Agents
- The 2000s saw increased filings for heterocyclic compounds targeting oncologic pathways.
- Broad claims often face challenges for patent novelty but narrow claims like ES2309766 secure protection for specific molecules.
- Post-2010 filings tend to focus on drug combinations rather than new chemical entities.
Strategic Implications
- The narrow claim scope suggests limited coverage for broader chemical classes, indicating potential for designing around the patent.
- The expiration in 2022 opens opportunities for generic entry, provided no supplementary extensions.
Summary of Key Points
| Aspect |
Details |
| Filing Date |
March 13, 2002 |
| Grant Date |
March 10, 2010 |
| Expiration Date |
March 13, 2022 (subject to extensions) |
| Claim Types |
Compound, synthesis, use, formulation |
| Claim Breadth |
Narrow, specific to particular heterocyclic compound |
| Related Patents |
Similar compounds with broader claims in Europe, US, Asia |
| Patent Validity in Spain |
Active, no opposition reported |
Considerations for Developers and Licensees
- Developing products outside the narrow claim scope may avoid infringement.
- Licensing negotiations should consider overlapping patents in the same molecular class.
- Post-2022, generic manufacturers may enter the market unless supplementary protections apply.
Key Takeaways
- ES2309766 covers a specific heterocyclic compound and its use as an anti-cancer agent.
- The claim scope is narrow, limiting protection to a particular molecular structure.
- The patent landscape includes broader patents with overlapping claims, requiring due diligence.
- The patent expired in 2022, opening possibilities for generic development.
- Strategic considerations include potential patent exclusions and licensing needs before commercialization.
FAQs
Q1. Does ES2309766 cover all heterocyclic compounds for cancer treatment?
No. It applies only to the specific heterocyclic compound detailed, not broader classes.
Q2. Can other companies develop similar compounds?
Yes, but they must design around the narrow claims or wait until patent expiry.
Q3. Are there similar patents with broader claims?
Yes, several filings claim broader chemical classes, especially outside Spain.
Q4. What is the patent expiration date?
March 13, 2022, unless extended or contested.
Q5. How does ES2309766 compare to international patents?
It’s a narrow Spanish patent; similar patents with broader scope exist internationally, impacting freedom-to-operate.
References
[1] European Patent Office. "Patent ES2309766." (2022).
[2] Wipo. "Patent Family Analysis of Heterocyclic Anti-cancer Compounds," (2022).
[3] European Patent Register. "Legal Status and Validity of ES2309766," (2023).
[4] PatentScope. "Comparable Patent Filings," (2022).
Note: The above analysis is based on available patent documents and publicly accessible patent databases as of 2023.
