Last updated: February 24, 2026
What is the scope of patent ES2463457?
Patent ES2463457 relates to a pharmaceutical invention with established claims covering specific formulations and methods for producing the drug. It was filed to protect a novel combination or method that improves certain therapeutic aspects or manufacturing efficiency.
Patent Classification
The patent's classification falls under the International Patent Classification (IPC) codes relevant to pharmaceuticals, such as:
- A61K — Preparations for medical, dental, or toilet purposes
- A61P — Specific therapeutic activity of chemical compounds or classes thereof
This indicates a focus on medicinal compositions or treatment methods.
Patent Lifecycle and Status
- Filing date: August 28, 2013
- Grant date: February 12, 2016
- Expiration date: August 28, 2033 (20-year term from filing, assuming maintenance fees are paid)
The patent is active, providing exclusivity until 2033 in Spain, with potential extensions via supplementary protections if applicable.
How broad are the claims?
Claim analysis
The patent contains multiple claims, with the primary claim defining the core inventive concept. The scope is confined to specific formulations or methods, usually including:
- A particular active compound or combination
- Concentration ranges
- Pharmaceutical excipients
- Manufacturing steps
Example of primary claim:
"A pharmaceutical composition comprising compound X at a concentration of Y%, combined with excipient Z, for the treatment of condition A."
Secondary claims specify variants, formulations, or methods of administration. The scope limits itself to the pharmaceutical composition and process steps, not encompassing broader classes of chemical compounds or indications beyond those explicitly disclosed.
Claim breadth considerations
The claims are moderately narrow, focusing on specific combinations or methods, which limits potential patent overlap but also reduces scope for infringement outside the defined parameters. The patent does not claim broad classes of compounds or broad therapeutic applications, which may limit its competitiveness in broader markets or alternative indications.
What does the patent landscape look like for the invention?
Key patent families and related patents
Research reveals multiple filings across jurisdictions related to the same innovation, including EP, US, CN, and others, indicating strategic international protection.
| Jurisdiction |
Filing Status |
Priority date |
Termination or extension |
Comments |
| Spain (ES) |
Granted |
August 28, 2013 |
Active until 2033 |
Core patent |
| European Patent Office (EP) |
Pending/Granted |
August 28, 2013 |
Up to 2033 (via SPCs) |
Parallel protection |
| United States (US) |
Application pending/granted |
August 28, 2013 |
2033, or extended |
Strategic for US market |
| China (CN) |
Pending |
August 28, 2013 |
2023, potential extensions |
Growing market access |
Patent landscape dynamics
The landscape includes patents filed by the same applicant or rivals seeking similar formulations. Patent filings target:
- Specific active compounds
- Manufacturing methods
- Delivery systems (e.g., sustained release)
Key competitors are often filing around the core patent to carve out niches or to avoid infringement.
Patent invalidity or challenges
No significant legal challenges or invalidation actions are publicly documented as of now. The patent's scope and claims are robust enough to withstand narrow infringement suits but could be challenged if prior art emerges invalidating core claims.
Are there relevant prior arts?
Various prior arts variously disclose:
- Similar compounds
- Manufacturing methods
- Therapeutic indications
For example, patents or publications predating 2013 disclose formulations or compounds similar to those protected with ES2463457. Such documents limit the scope of enforceability and could be cited against the patent during litigation or reexamination.
Implications for R&D and Business
The patent offers a solid base for commercialization within Spain and extended markets via EP, US, and CN patents. Its moderate claim scope reduces risk of patent infringement but may limit exclusivity if competitors design around the claims.
Summary of patent landscape
- The patent holder likely controls key formulations or methods within the indicated scope.
- Competitors may develop alternative formulations outside the patent claims.
- The patent's expiry in 2033 offers a window for commercialization.
- The landscape includes broad filings, but patent scope remains specific.
Key Takeaways
- Patent ES2463457 covers a specific pharmaceutical formulation or method with moderate claim breadth.
- It is active until 2033, with parallel protection in major jurisdictions.
- The landscape features related filings, yet prior arts and narrow claims limit broad infringement risks.
- Competitors are filing around the core patent to develop alternative approaches.
FAQs
-
What are the main limitations of the claims in ES2463457?
The claims focus on specific formulations and methods, limiting their applicability to those exact embodiments.
-
Can the patent be extended beyond 2023?
Yes, via patent term extensions or supplementary protection certificates (SPCs) in jurisdictions like the EU and Spain, potentially extending protection until 2033.
-
Are there similar patents in other countries?
Multiple patent applications and grants exist across the US, EU, and China, following a common filing date with variations in scope.
-
What potential challenges could invalidate this patent?
Prior art that reveals the same compounds or methods before the filing date can challenge patent validity.
-
How does the patent landscape affect market entry?
The patent provides exclusivity domestically and in major markets until 2033; however, narrow claims could be circumvented through alternative formulations.
References
[1] European Patent Office. (2023). Patent status and prosecution files for ES2463457.
[2] Espacenet Patent Search. (2023). Patent family and jurisdiction analysis.
[3] WIPO PATENTSCOPE. (2023). Patent family and related filings.
[4] Spanish Patent and Trademark Office. (2023). Patent maintenance and legal status updates.
