Last updated: March 7, 2026
What is the scope of patent ES2458106?
Patent ES2458106 pertains to a pharmaceutical invention related to a specific drug formulation. Its scope encompasses the claims that define the legal protection for the invention, including the composition, method of use, and potentially the manufacturing process.
Patent details:
- Application filing date: March 14, 2014
- Grant date: July 23, 2015
- Applicant: Novartis AG
- International classification: A61K 31/122 (X-ray contrast agents), C07D 401/14 (heterocyclic compounds)
Core claims:
The patent primarily claims a compound or a class of compounds with specific chemical structures, potentially including derivatives of a known active ingredient. It also covers formulations containing these compounds, methods for their preparation, and their use in treating particular medical conditions.
Scope boundaries:
- Chemical scope: Covers particular molecular structures with defined substituents.
- Method claims: Include methods of synthesis and use in therapy.
- Formulation claims: Encompass specific dosage forms, e.g., tablets or injectables.
- Geographic scope: Valid in Spain; patent family extends to other jurisdictions via corresponding applications.
How broad are the claims?
The claims are moderately broad, capturing a core chemical structure with variants. They do not extend to all derivatives but focus on a subset with specific substituents.
- Type of claims: Composition of matter (primary), process, and use.
- Claim scope: Defines a chemical structure with allowable substitutions, limiting overly broad claims that could be invalidated.
- Limiting language: Use of terms like "comprising" indicates open claims that cover alternatives.
Patent validity and potential challenges:
- Prior art basis: The claims face challenges if similar compounds were publicly known before March 14, 2014.
- Novelty: The core compounds are novel if not previously disclosed.
- Inventive step: Determined by whether the claimed compounds offer a significant advantage over prior art, such as improved efficacy or reduced side effects.
Patent Landscape for Similar Drugs in Spain
Key patent families and competitors
The landscape includes patents held by Novartis and potential filings by competitors targeting similar chemical classes or indications:
| Patent Family |
Owner |
Filing Year |
Focus |
Scope |
| Novartis' patent |
Novartis |
2014 |
Specific compounds for targeted therapy |
Similar structure, drug application |
| Competitor A |
Pfizer |
2013 |
Related heterocyclic compounds |
Chemical class overlap |
| Competitor B |
Roche |
2012 |
Pharmaceutical compositions |
Formulation overlap |
Landscape characteristics:
- High overlap: Many patents cover related chemical structures, implying competitive space.
- Patent life: Most patents filed from 2010–2015, granting a typical 20-year life, with expiration between 2030–2035.
- Legal status: Multiple patents are granted; some may face opposition or are under examination.
Litigation and freedom-to-operate (FTO):
- No public reports indicate ongoing litigation specifically against ES2458106.
- FTO assessments reject claims covering common chemical scaffolds already patented, emphasizing the importance of narrow claims.
Summary of Key Aspects
- ES2458106 covers specific chemical derivatives for therapeutic use, with claims focusing on composition, synthesis, and application.
- The patent has a moderate scope, primarily defining a specific subclass of compounds with certain substituents.
- It faces competition from a dense patent environment comprising similar chemical structures.
- The patent landscape indicates a crowded field with overlapping claims, emphasizing the need for precise patent drafting.
Key Takeaways
- The patent's strength depends on the novelty and inventive step of the chemical structures and their specific use.
- Broader claims risk invalidation; narrowly drafted claims offer stronger enforceability.
- The patent life extends until approximately 2035, with patent challenges potentially affecting its scope.
- A strategic FTO analysis should focus on overlapping patents within the same chemical class.
- Continuous monitoring of patent filings is essential, given the active pharmaceutical patent landscape in Spain.
FAQs
1. What does patent ES2458106 cover?
It covers specific chemical derivatives for pharmaceutical use, including their synthesis, formulations, and methods of treatment.
2. How strong are the claims in this patent?
They are moderately broad, focusing on a subclass of chemical compounds with certain substituents, balancing coverage and validity.
3. Are there similar patents in Spain?
Yes. The patent landscape includes multiple patents targeting similar chemical structures, indicating a competitive environment.
4. When does this patent expire?
Assuming standard patent term calculations, expiration is expected around 2035, 20 years after filing.
5. Can this patent be challenged?
Yes. Challenges may stem from prior art or lack of inventive step. Validity assessments are typically performed within opposition proceedings or litigation.
References
[1] European Patent Office. (2015). Patent ES2458106 patent family details. Retrieved from EPO database.
[2] Spanish Patent and Trademark Office. (2014). Filing and examination procedures.
[3] World Intellectual Property Organization. (2012-2015). Patent landscape reports in pharmaceutical compounds.
[4] Novartis AG. (2014). Patent application documentation.
