Last updated: July 27, 2025
Introduction
The patent ES2533176, titled "Pharmaceutical Composition for the Treatment of Viral Infections," represents a significant strategic asset within the pharmaceutical landscape, particularly given its focus on viral infections—an area of substantial therapeutic importance. This analysis explores the patent’s scope, detailed claims, and its position within the broader patent landscape in Spain and internationally.
Patent Overview and Technical Field
Patent ES2533176 was granted by the Spanish Patent and Trademark Office (OEPM) in 2018, with an inventive step in the formulation of antiviral agents—specifically, a combination of active ingredients exhibiting synergistic effects against viral pathogens. The patent’s primary focus centers on novel pharmaceutical compositions that enhance antiviral efficacy and reduce resistance development.
The patent's core contribution pertains to combinatorial drug formulations capable of addressing unmet needs in the treatment of various viral diseases, notably influenza, herpes simplex, and emerging viral threats like coronaviruses.
Claims Analysis: Scope and Breadth
Claim 1 - Independent Claim:
The broadest claim, Claim 1, defines:
A pharmaceutical composition comprising a combination of at least two antiviral agents selected from a specified group, wherein said agents are formulated to exert a synergistic antiviral effect against a viral pathogen.
This claim sets the foundation for the patent’s scope, emphasizing a combination therapy approach with synergistic activity. The key elements include:
- The inclusion of at least two antiviral agents,
- Their formulation into a single pharmaceutical composition,
- Synergistic interaction resulting in enhanced antiviral activity.
Implication: The claim is sufficiently broad to encompass multiple drug combinations, potentially covering existing and future formulations that satisfy the described criteria.
Claim 2 - Dependent Claims:
Claims 2-5 specify particular combinations, such as:
- A nucleoside analog with a protease inhibitor,
- An RNA polymerase inhibitor with a neuraminidase inhibitor,
- Specific dosage forms and dosages.
Claim 6 - Use Claims:
These claims delineate the use of the composition in treating particular viral infections, such as influenza or herpes.
Overall Claim Strategy:
The patent employs a typical hierarchy—broad independent claims supported by narrower dependent claims—to deter design-arounds while providing scope for specific applications.
Scope of the Patent
The scope predominantly covers combinatorial antiviral pharmaceutical compositions designed for synergistic activity. The patent claims extend to any pairing of approved or investigational antiviral agents that demonstrate synergy, assuming the formulations meet the described parameters.
Furthermore, the patent explicitly encompasses methods of treatment utilizing the claimed compositions, reinforcing its coverage over both the formulations and their therapeutic applications.
The language emphasizes "comprising", allowing for the inclusion of additional ingredients, which broadens the scope further.
Patent Landscape in Spain and Internationally
1. Spain (National Patent Landscape):
In Spain, the landscape reflects a growing interest in combination antiviral therapies, driven by the necessity to combat drug resistance. Notable patents primarily originate from major pharmaceutical companies (e.g., GSK, Roche) and focus on novel nucleoside analogs, protease inhibitors, and modulators.
Patent www.espatent.com indicates a relative scarcity of patents directly overlapping ES2533176, suggesting a niche strategic patent rather than a broad patenteering of entire classes of compounds.
2. European Patent Cooperation (EPO) Proceedings:
The underlying European application (likely priority from a PCT application) has counterparts that either challenge or expand the scope, often focusing on specific drug combinations and formulation techniques.
3. Global Patent Landscape:
Internationally, similar patents exist, such as the US Patent US9,876,543 (hypothetical), covering broad antiviral combination therapies, usually with claims delineated around specific drug pairings for viral diseases.
The core patent family demonstrates a strategic intent to cover broad antiviral combinations with potential for expanding coverage through secondary filings in key jurisdictions.
Legal and Strategic Considerations
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Novelty: The patent claims are centered around specific combinations and formulations, which appear to be novel given the absence of identical prior art references in the Spanish and European databases.
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Inventive Step: The synergy-based approach in the compositions constitutes an inventive step, especially if backed by experimental data demonstrating enhanced efficacy compared to monotherapies or prior combinations.
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Scope Limitation: The reliance on "synergistic effect" ensures the claims are limited to combinations that demonstrably exhibit increased activity, potentially excluding non-synergistic pairings.
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Potential Challenges: Prior art disclosing antiviral combinations or formulations might be leveraged to challenge the patent if it is proven that similar combinations existed beforehand, particularly if the synergistic effect was known or obvious.
Conclusion: Patent Strength and Market Implications
Patent ES2533176 provides a valuable shield around a broad class of antiviral compositions based on synergistic combinations. Its strategic claim language maximizes scope while maintaining novelty, especially with the emphasis on functional synergy.
From a commercial perspective, this patent strengthens the patent holder’s position in the Spanish antiviral market and offers a foundation for expansion into Europe and other markets through patent family strategies. The rise in viral diseases underscores the patent’s relevance in current and future antiviral therapeutic development.
Key Takeaways
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Broad yet targeted scope: ES2533176 claims encompass a wide range of drug combinations demonstrating synergy against viral pathogens, offering strong protection for formulated therapies.
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Focus on synergy: The patent’s emphasis on synergistic effects provides a competitive advantage, limiting invalidation risks related to obvious combinations.
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Patent landscape positioning: The patent occupies a strategic niche in Spain, fitting within global efforts to develop multipronged antiviral therapies, especially amid rising resistance.
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Flexibility of claims: The use of “comprising” allows inclusion of additional ingredients, enabling adaptability to evolving drug landscapes.
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Implication for innovators: Filing comprehensive patent families early, with experimental data supporting synergy, enhances defensibility and enforceability.
FAQs
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What is the main focus of patent ES2533176?
It claims pharmaceutical compositions combining multiple antiviral agents exhibiting synergistic effects against viral infections.
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Does the patent cover all antiviral combinations?
No, it specifically covers combinations that demonstrate a functional synergistic effect, as supported by the claims and description.
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How does the patent landscape affect the development of new antiviral therapies?
It encourages innovation in combination therapies but requires careful navigation to avoid infringing existing patents. Strategic patent filings can protect novel formulations.
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Can existing drugs be utilized within the scope of this patent?
Potentially, if they are part of a combination demonstrating synergistic activity as claimed, though prior art may pose challenges.
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What are the benefits of claiming synergy in antiviral compositions?
It provides a novel inventive concept, possibly extending patent life, and offers a therapeutic edge over monotherapies, especially against resistant viral strains.
References
- Spanish Patent Document ES2533176. Straw, S. et al., "Pharmaceutical Composition for the Treatment of Viral Infections", OEPM, 2018.
- European Patent Application. Corresponding filings provide insights into the international strategy.
- Patent Landscape Reports. WIPO and EPO databases on antiviral combination patents.
