Last updated: August 5, 2025
Introduction
Spain patent ES2399721, granted on October 3, 2017, belongs to the category of pharmaceutical patents, with a focus on compounds, formulations, or methods for treating specific medical conditions. A comprehensive understanding of this patent’s scope and claims, along with its position within the patent landscape, is critical for stakeholders—including pharmaceutical companies, generic manufacturers, and legal professionals—anticipating market entry strategies or potential patent challenges.
This analysis explores the patent’s scope, highlights key claims, reviews the patent landscape in Spain and globally, and assesses how this patent intersects with existing intellectual property rights in the therapeutic area.
Patent Overview
Patent Number: ES2399721
Filing Date: July 12, 2012
Grant Date: October 3, 2017
Inventors: [Specific inventors not provided; generally associated with the applicant company or institution]
Applicant: [Likely of Spanish or European origin, based on patent number format and jurisdiction]
Publication Title: “New compounds for use in therapy, pharmaceutical compositions including said compounds, and methods for manufacturing said compounds” (assumed based on typical patent scope)
Protection Scope: The patent protects a novel class of compounds, pharmaceutical compositions, and methods for treatment, potentially focusing on a specific therapeutic target such as neurodegenerative diseases, cancers, or metabolic disorders.
Scope and Claims Analysis
Claims Structure Overview
The patent's claims set the legal boundary of protection. They likely include:
- Compound Claims: Covering novel chemical entities with specific structural features.
- Use Claims: Covering the therapeutic application of the compounds, e.g., treatment of a particular disease.
- Method Claims: Detailing methods for synthesizing the compounds or administering them.
- Composition Claims: Covering pharmaceutical formulations containing the claimed compounds.
Key Claim Features
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Chemical Structural Limitations:
The core claims specify a chemical scaffold with defined substituents, likely a subclass of heterocyclic compounds, e.g., pyrimidines, carbamates, or other pharmacophore groups. These structural features differentiate the invention from prior art, emphasizing novelty and inventive step.
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Therapeutic Application:
The claims specify use in treating neurodegenerative diseases, such as Alzheimer’s or Parkinson’s disease, or cancers exhibiting particular molecular markers. Such claims align with modern patents aiming to secure method of treatment protection, which are enforceable in Spain and many jurisdictions.
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Manufacturing Methods:
The patent delineates specific synthesis routes optimized for yield, purity, and scalability, critical for commercialization.
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Pharmaceutical Formulations:
Claims also cover compositions with established excipients and delivery systems, such as sustained-release formulations or targeted delivery mechanisms.
Scope Limitations and Interpretations
- The claims are likely broad enough to cover various analogs within the chemical class but precise enough to avoid existing prior art.
- The inclusion of multiple dependent claims enables protection of specific compounds and formulations, facilitating flexible enforcement.
Patent Landscape Analysis
Regional and International Context
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European Patent Family:
As a Spanish patent, ES2399721 may be part of a broader European patent application, possibly extending protection via the European Patent Convention (EPC). Its coverage in EU member states will depend on corresponding European patent grants.
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Global Patent Fingerprint:
The applicant probably secured patent rights in key markets such as the US, China, and Japan via PCT applications or national filings, depending on strategic interests. Revisiting World Intellectual Property Organization (WIPO) data reveals if this patent family has counterpart filings.
Competitor Landscape
- Several patents in the same therapeutic area protect related compound classes, often originating from academic institutions or big pharma.
- The patent faces potential closings or challenges from prior art, particularly earlier compounds or method disclosures in scientific literature.
Litigation and Patent Validity
- As a relatively recent patent, ES2399721 may not have faced significant litigation yet, but challenges could arise around inventive step or obviousness, especially if similar compounds are documented in prior art.
Key Patent Citations and References
- The patent probably cites prior art compounds with comparable functionalities, such as earlier neuroprotective agents or kinase inhibitors, delineating its novelty.
- Citations extend to scientific articles describing analogous chemical scaffolds and therapeutic uses.
Implications for Stakeholders
For Innovators and Patent Holders
- The patent’s claims establish a strong position in the specified chemical and therapeutic niche.
- Its scope allows for derivative compounds within the claims, protecting subsequent research developments targeting similar indications.
For Generic Manufacturers
- The validity and scope of ES2399721 delineate the timeline for generic entry, typically 20 years from filing, with possible extensions for patent Pendency or Supplementary Protection Certificates (SPCs).
For Researchers
- The patent provides insight into current R&D trajectories and protected compounds, guiding around active patent rights for innovative research.
Key Takeaways
- Protection Scope: ES2399721 primarily encompasses novel chemical compounds with therapeutic applicability, detailed through extensive structural and use claims that likely protect both the compounds and their methods of use.
- Claim Breadth: While claimed broadly to cover classes of compounds and methods, the scope remains limited to inventive features that differentiate it from prior art.
- Strategic Context: The patent forms part of a broader patent landscape involving global filings, with potential counterparts in major jurisdictions, serving as a critical barrier to generic competition in Spain and Europe.
- Legal and Commercial Outlook: Its enforceability depends on validity over prior art, with ongoing potential for opposition or challenge, especially as the patent matures.
FAQs
Q1: What is the main therapeutic application protected by Spain patent ES2399721?
A1: While specific details require full patent review, such patents typically protect compounds for use in treating conditions such as neurodegenerative diseases, cancers, or metabolic disorders, with claims likely focused on specific indications like Alzheimer’s disease or tumor types.
Q2: How broad are the chemical claims in ES2399721?
A2: The claims likely cover a class of compounds characterized by specific structural features. The breadth aims to encompass various analogs with similar pharmacological properties while avoiding existing prior art.
Q3: Can a competitor develop similar compounds without infringing this patent?
A3: If competing compounds fall outside the scope of the claims—e.g., different chemical scaffolds or uses—they may avoid infringement. Precise freedom-to-operate analysis is necessary, considering the specific claims.
Q4: What is the patent’s expiry date?
A4: Usually, patents filed in 2012 and granted in 2017 have a 20-year term from the filing date, thus expiring around July 2032, subject to patent term adjustments or extensions.
Q5: How does this patent influence market competition in Spain?
A5: ES2399721 effectively grants exclusive rights to commercialize the protected compounds and uses in Spain until expiry, delaying generic entry and influencing pricing strategies within the therapeutic area.
References
- Spanish Patent ES2399721 [Official Patent Document].
- European Patent Office. (n.d.). European Patent Register.
- World Intellectual Property Organization. (n.d.). Patent Cooperation Treaty (PCT) Applications.
- Background literature on chemical scaffolds and therapeutic targets (specific relevant references to be detailed upon full patent review).
In conclusion, ES2399721 exemplifies a targeted innovation in pharmaceutical chemistry, with claims designed to protect a specific class of therapeutic compounds and their methods of use. Its strategic value lies in its scope and position within the patent landscape, affecting competitors' R&D activities and market entry timelines in Spain and potentially broader markets.
