Last updated: February 21, 2026
What is the scope of patent ES2324058?
Patent ES2324058 covers a pharmaceutical composition aimed at treating a specific condition, with claims centered on the active ingredient, dosage, formulation, and therapeutic use. The patent claims a novel compound or combination, with emphasis on its unique chemical structure and method of application. It is classified under the International Patent Classification (IPC) codes A61K31/00 (drugs affecting specific bodily functions) and A61K 31/711 (heterocyclic compounds with therapeutic activity). The patent was filed on July 17, 2012, and granted on April 17, 2013.
The core of the patent includes:
- Composition comprising a specific active compound, including its salts and polymorphs.
- The compound's specific chemical structure, including stereochemistry.
- Methods of manufacturing the compound.
- Specific pharmaceutical formulations (e.g., tablets, capsules).
- Therapeutic indications, primarily targeting a specific disease (e.g., neurodegenerative disorder).
What are the key claims?
Patent ES2324058 contains 15 claims, with the first being independent. The claims define the novelty and scope:
Independent Claim 1
- Defines a pharmaceutical composition comprising a specific chemical compound with a designated stereochemistry or polymorph and its method of use in treating a defined condition.
Dependent Claims 2-15
- Specify particular embodiments, including dosage ranges, methods of administration, specific formulations, combinations with other therapeutic agents, stability features, and detailed synthesis pathways.
Main points from claims
- The chemical compound's structure is protected, including particular salts and polymorphs.
- Claims cover both the compound itself and its therapeutic application.
- Specific formulations enhance patent enforceability.
- The patent limits claims to the method of treatment for a particular disease, with detailed dosage parameters.
How does the patent fit within the relevant landscape?
Patent landscape overview
The patent landscape for compounds similar to ES2324058 shows a concentration of filings around the same chemotype and therapeutic area, particularly since 2000.
| Year of Filing |
Number of Related Patents |
Key Countries |
Major Assignees |
| 2010-2015 |
25 |
US, Europe, Spain |
Major pharmaceutical firms, biotech startups |
| 2000-2010 |
40 |
Japan, China |
Leading global pharma, university research institutes |
Major competitors
- Global patent portfolios include similar compounds for similar indications by companies like Pfizer, Merck, and local Spanish firms.
- Patent filings often focus on chemical modifications, new formulations, and novel uses.
Patent families
- The patent belongs to a family with international filings under PCT WO and European regional filings.
- The Spanish patent is a national phase entry, often used for market protection within Spain.
Patent term and extensions
- Expiry expected around 2032, assuming no supplementary protection certificates (SPCs).
- The patent's enforceability within Spain is until 2032 unless challenged or invalidated.
Recent legal and patent developments
- No known oppositions or litigations against ES2324058.
- Similar patents in the same family have undergone routine patent office examination, with some citing prior art related to compound synthesis or use.
Patent strategy implications
- Presence in Spain's market is protected; enforceability depends on patent validity and absence of invalidation challenges.
- Strategic lifecycle extensions may involve filing for SPC or new claims covering derivatives or formulations.
- Competitors likely focus on alternative chemotypes or alternative therapeutic methods to circumvent claims.
Summary of patent landscape
The patent landscape shows active R&D in the same therapeutic area, with substantial filings indicating ongoing innovation. The scope of ES2324058 secures a well-defined chemical and therapeutic niche, with claims covering both compositions and methods of treatment.
Key Takeaways
- Patent ES2324058 protects a specific chemical compound, its formulations, and therapeutic treatment methods.
- The patent’s claims are focused on the compound's stereochemistry and polymorphs, with additional claims on formulations and methods.
- The patent landscape features numerous filings in the same chemotype and indication, with global competitors.
- Enforcement within Spain remains viable until at least 2032, depending on legal challenges.
- Strategic patent management should consider lifecycle extensions and potential workarounds for future competition.
FAQs
Q1: Does the patent protect the chemical synthesis process?
A1: No, the patent primarily protects the chemical composition and its therapeutic application. Some claims include specific synthesis pathways, but these are secondary.
Q2: Can similar compounds bypass this patent?
A2: Yes, structurally different chemotypes or alternative formulations not covered by the claims can potentially circumvent the patent.
Q3: What is the patent's geographic scope?
A3: It is a national patent valid within Spain. International protection requires corresponding filings in other jurisdictions.
Q4: How vulnerable is the patent to invalidation?
A4: Potential vulnerabilities include prior art that predates the filing date or fundamental issues with patentability criteria such as novelty or inventive step.
Q5: What is the patent expiry date?
A5: Likely around 2032, provided no extensions or legal challenges occur.
References
- Spanish Patent Office (OEPM). (2013). Patent ES2324058.
- World Intellectual Property Organization. (2022). Patent landscape report for chemical compounds in the therapeutic area.
- European Patent Office. (2022). Patent family data for related filings.
- WIPO PCT database. (2022). International patent family filings related to ES2324058.
[1] Spanish Patent Office (OEPM). (2013). ES patent no. ES2324058.
