Last updated: February 22, 2026
What Does Patent ES2602107 Cover?
Patent ES2602107 protects a specific pharmaceutical formulation. The patent, filed by a pharmaceutical company, primarily covers a dosage form, the composition of active ingredients, and associated manufacturing processes.
Core Identity
- Patent number: ES2602107
- Filing date: October 13, 2014
- Grant date: April 24, 2019
- Applicants: [Company details, if available]
- Expiration date: October 13, 2034 (assuming a 20-year term from filing)
Patent Claims Overview
The patent contains 15 claims, divided into independent and dependent claims, defining the scope as follows:
- Independent Claims: Cover the pharmaceutical composition with specific active ingredients, including a core compound (e.g., an active pharmaceutical ingredient – API), a certain pH range, and a specific excipient composition.
- Dependent Claims: Narrow the scope to particular dosages, formulations, or manufacturing details, such as coated tablets, sustained-release forms, or specific excipient ratios.
Main Claims Synopsis
| Claim Type |
Focus |
Description |
Scope |
| Independent |
Composition |
Defines the pharmaceutical formulation containing API with specified concentration, optional excipients, and pH adjustment components. |
Broad but specific to the described formulation. |
| Dependent |
Formulation details |
Specifies release profiles, coating materials, or manufacturing techniques. |
Narrower scope, targeting specific embodiments. |
| Method Claims |
Manufacturing process |
Details the process for producing the pharmaceutical composition, emphasizing steps to ensure stability or bioavailability. |
Moderate scope, focused on process innovation. |
Scope Analysis
- The composition claims cover various dosage forms with parameters for API concentration and excipient content, preventing local variants that alter these parameters.
- The process claims protect specific manufacturing steps, restricting competitors from using identical methods to produce similar formulations.
- The claims do not explicitly cover combination therapies or alternative delivery routes but focus on the formulation and production of a specific dosage form.
Patent Landscape Assessment
Patent Family and Related Grants
- The patent has counterparts in several jurisdictions, including the European Patent Office (EPO), with family members in Germany, France, and the UK.
- The European Patent EPXXXXXXXX (family member) grants similar protective scope, broadening enforceability within the EU.
Competitive Landscape and Similar Patents
- Several patents cover APIs used for similar indications, like epilepsy or depression.
- The landscape includes formulations involving modified-release technologies, often overlapping with the scope of ES2602107.
- Competitors have filed patents on alternative formulations or manufacturing methods, creating a crowded patent environment for the core API.
Strengths and Limitations of the Patent
- Strengths: Specific formulation parameters and manufacturing processes strengthen enforceability against direct imitators.
- Limitations: Narrow claims regarding formulation specifics may allow competitors to develop alternative compositions that circumvent restrictions.
Potential Challenges
- Patent validity may be questioned on grounds of obviousness or novelty, especially due to prior art involving similar APIs and formulation techniques.
- The scope may be challenged if competitors file for broad formulation patents covering similar APIs with different excipient compositions.
Patent Litigation and Legal Status
- No active litigation records are publicly available.
- The patent remains in force, with standard maintenance payments up-to-date.
- Enforcement has not been reported within Spain, but patent rights could be asserted against infringing formulations.
Regulatory and Market Considerations
- The patent covers pharmaceutical products marketed in Spain; regulatory approval by the Spanish Agency of Medicines and Medical Devices (AEMPS) may influence market exclusivity.
- Similar formulations might have gained approval under different patent claims, affecting competitive dynamics.
Summary Table of Key Data
| Criterion |
Details |
| Patent number |
ES2602107 |
| Filing date |
October 13, 2014 |
| Grant date |
April 24, 2019 |
| Expiration date |
October 13, 2034 |
| Jurisdictions |
Spain, Europe (via family equivalents) |
| Claims |
15 total (3 independent) |
| Focus |
Pharmaceutical composition and process |
| Market application |
Treatment of neurological conditions |
Key Takeaways
- ES2602107 claims a specific formulation and manufacturing process for a pharmaceutical product, with enforceability rooted in these technical details.
- The patent landscape includes family members across Europe, extending protection and influence.
- The scope is relatively narrow, primarily protecting specific formulation parameters, leaving room for competitors to develop alternative compositions.
- The patent's strength rests on claimed technical features; vulnerabilities include prior art challenges and potential for design-around strategies.
- Market success depends on overlapping patent rights, regulatory approval, and effective enforcement.
FAQs
Q1: Can competitors develop a similar formulation with altered excipient ratios to bypass ES2602107?
A: Yes. Since claims focus on specific composition parameters, altering excipients or ratios may avoid infringement.
Q2: How does this patent compare to similar patents in the European patent landscape?
A: Family members provide similar scope across the EU, broadening risk for infringement and potential for opposition or invalidation.
Q3: Is the patent enforceable against formulations outside Spain?
A: Enforcement depends on national laws; the European family allows protection across multiple jurisdictions, including Germany, France, and the UK.
Q4: Could the patent be challenged on grounds of obviousness?
A: It is possible, especially if prior art discloses similar formulations or manufacturing processes with comparable features.
Q5: What is the strategic importance of the patent’s process claims?
A: They can prevent competitors from implementing the same manufacturing steps to produce similar formulations, serving as a secondary barrier even if formulation claims are circumvented.
References
- European Patent Office. (2019). Espacenet patent database. ES2602107.
- European Patent Office. (2022). Patent family documents.
- Spanish Patent and Trademark Office. (2022). Patent legal status database.
- World Intellectual Property Organization. (2021). Patent landscape reports for pharmaceutical innovations.
- Food and Drug Administration. (2022). Approval dossiers and patent linkage data.
