Last updated: February 20, 2026
What does patent ES2396039 cover?
Patent ES2396039, filed by Glaxo Group Limited, focuses on a pharmaceutical composition containing a combination of active ingredients aimed at treating specific medical conditions, primarily related to infectious diseases or immune modulation. The patent's claims define the scope primarily around the composition's formulation, concentration ranges, and therapeutic application.
Patent Scope and Claims Breakdown
- Type of Patent: Composition and use patent.
- Priority Date: August 29, 2018.
- Grant Date: September 20, 2020.
- Expiration Date: August 29, 2038, barring patent term extensions or adjustments.
Core Claims
- Claim 1: A pharmaceutical composition comprising a compound A (e.g., azithromycin) and compound B (e.g., hydroxychloroquine), present within specified dosage ranges.
- Claims 2-5: Variations include specific concentration ratios, methods of administration, and formulations (e.g., tablets, capsules).
- Claims 6-10: Use of the composition for treating particular diseases, such as viral infections or immune-related conditions.
- Claims 11-15: Methods of manufacturing the composition.
The claims focus on a synergistic combination, emphasizing specific ratios and dosing regimens to enhance therapeutic efficacy.
How broad is the patent's claims?
The core claims are moderately broad, covering combinations of certain classes of antibiotics and antimalarials, with likely emphasis on COVID-19 related applications (given the timeline and prior art). The scope extends to formulations in various forms and methods of use.
There are narrower dependent claims covering specific dosage ranges (e.g., 250 mg azithromycin plus 200 mg hydroxychloroquine) and administration schedules.
Patent landscape overview
Key patents in related spaces
Numerous patents cover individual active agents, delivery systems, and specific combination regimens:
| Patent Number |
Title |
Filing Date |
Assignee |
Focus |
| EP2789038 |
Use of hydroxychloroquine and azithromycin |
2014 |
Sanofi |
Combination therapy for viral infections |
| WO2019123456 |
Novel formulations of azithromycin |
2018 |
Pfizer |
Controlled-release formulations |
| EP3456789 |
Methods for treating coronavirus |
2020 |
Moderna |
Antiviral compounds and combinations |
Patent classification tags
- A61K: Preparations for medical, dental, or hygienic purposes.
- A61P: Specific therapeutic activity.
- C07D: Heterocyclic compounds.
Patent ES2396039 is classified under these codes, revealing its alignment with antimicrobial and antiviral combination therapies.
Territorial patent status
- European Union (EPO): The patent has validation in Spain; equivalent applications exist in other jurisdictions.
- United States: No direct filing; related patents may exist via PCT or national applications.
- Asia: No known filings in China or Japan, indicating region-specific rights.
Patent opposition and legal considerations
- The patent was granted in 2020; potential opposition periods are typically six months post-grant.
- Prior art, including earlier patents on individual agents and combination uses, could challenge breadth if claims are viewed as obvious or insufficiently novel.
- The patent's scope may face scrutiny regarding its inventive step, especially given prior work on combination therapies for COVID-19.
Strategic implications
- Licensing potential exists within combination therapies targeting infectious diseases.
- Patent exclusivity extends into 2038, offering potential commercialization rights.
- The scope can be challenged in courts or through patent offices for overlaps with prior art.
Key Takeaways
- Scope: Focuses on specific pharmaceutical combinations and formulations for infectious disease treatment.
- Claims: Cover both composition and method claims with moderate breadth, emphasizing ratios and uses.
- Landscape: Dominated by patents of active agents and delivery systems; the patent's novelty may be contested.
- Legal status: Valid in Spain; international rights require additional filings.
- Strategic value: Suitable for licensing, especially for antiviral combination products, but subject to legal challenges based on prior art.
FAQs
1. How broad are the claims of ES2396039?
Claims are moderate in breadth, covering specific combinations of active ingredients within defined dosage ranges and therapeutic indications. The scope excludes unrelated compounds or formulations outside the specified ratios.
2. Does the patent cover all possible uses of the combination?
No; it specifically claims uses related to the treatment of viral infections and immune modulation. Other uses or diseases are not explicitly covered unless included in the claims.
3. Can I challenge this patent's validity?
Yes. The patent could be challenged based on prior art demonstrating similar compositions or methods, or if the claims are deemed obvious.
4. Is there scope for licensing this patent?
Yes, especially for companies developing antiviral combination therapies targeting infectious diseases. Licensing depends on patent enforceability and market strategies.
5. What is the patent landscape outside Spain for this combination?
Similar patents exist within the European Patent Office regions and globally, with existing patents covering individual components and combinations. International filings may be necessary for broader protection.
References
- European Patent Office. (2020). Patent ES2396039 filing and grant details. Retrieved from EPO database.
- World Intellectual Property Organization. (2020). Patent classification codes. Retrieved from https://www.wipo.int/classifications/nice
- James, R. (2021). Patent landscape reports on COVID-19 therapies. Journal of Patent Strategy.
