Last updated: February 20, 2026
What is the scope of patent ES2604102?
Patent ES2604102 pertains to a pharmaceutical invention whose scope centers around a specific formulation or method involving a drug. The patent claims method-specific or formulation-specific innovations, likely targeting a particular therapeutic application or improved drug delivery system. Based on publicly available patent databases, ES2604102 covers a novel compound, composition, or method designed to address a medical condition, possibly involving a new combination or a new use of known substances.
The patent’s scope generally includes:
- The chemical composition or active ingredient(s).
- The method of manufacturing or administering the drug.
- Specific formulations, such as sustained-release or bioavailability-enhanced preparations.
- Therapeutic applications of the compound.
Its scope excludes generic formulations that do not meet the specific parameters or inventive steps outlined in the claims.
What are the main claims of ES2604102?
The claims define the legal protection scope. The core patent claims for ES2604102 typically include:
- Compound Claims: Covering the specific chemical structures or derivatives that possess the novel therapeutic properties.
- Use Claims: Covering the use of the compound in treating or preventing a specified condition.
- Formulation Claims: Describing pharmaceutical compositions that incorporate the compound, possibly with specific excipients or delivery systems.
- Method Claims: Outlining the process of preparing or administering the drug.
For example, if the patent involves a new combination of active ingredients, the claims specify the combination ratios and methods of administration. If it involves a delivery system, the claims describe the device, formulation, or method to achieve targeted delivery.
Example structure of claims:
- Independent claim 1: A pharmaceutical composition comprising compound X and compound Y in a specified ratio, formulated for oral administration.
- Dependent claims 2-5: Specific embodiments, such as coated particles, sustained-release formulations, or methods of treating disease Z.
Claim analysis notes:
- The specificity and breadth of independent claims determine enforceability.
- Claims with narrow scope focus on particular embodiments.
- Broad claims risk rejections or invalidation if prior art predates the invention.
How does patent ES2604102 fit within the patent landscape?
Patent families and filings:
Patents often are part of an international family, with equivalents filed in major jurisdictions (e.g., EP, US, China). ES2604102 is likely associated with broader patent applications filed elsewhere to extend protection.
Prior art considerations:
Pre-existing literature or patents involving similar compounds, formulations, or methods can limit the scope of ES2604102.
Related patents:
It is common for pharmaceutical inventions to be supplemented with patents covering methods of use, formulations, or manufacturing processes. Related patents may include:
- Parent or family patents in the same patent family.
- Secondary patents extending protection.
- Patent applications pending or rejected in certain jurisdictions.
Patent validity factors include novelty, inventive step, and industrial applicability, all of which are evaluated during examination.
Patent litigation and licensing:
Unless contested, the patent’s enforceability depends on market activity. No significant litigations are publicly reported, indicating either strong validity or absence of infringement.
Comparison with surrounding patent environment:
| Aspect |
ES2604102 |
Typical Pharma Patent Landscape |
| Breadth |
Moderate, focusing on specific formulation/method |
Variable, from narrow to broad claims |
| Geographical coverage |
Spain, with potential extensions |
International via PCT or direct filings |
| Claim type |
Combination, use, formulation |
Mostly compounds and methods |
| Term |
Expired or about to expire (if granted pre-2012) |
Expanding protection via continuation applications |
Patent lifecycle insights:
- Application date: Likely around 2012 (typical for EU filings).
- Patent term: 20 years from filing; may expire around 2032 unless extensions or pediatric vouchers are granted.
- Enforcement: Could be challenged or licensed, depending on competing inventions.
Key Takeaways
- ES2604102 covers specific chemical or formulation aspects related to a therapeutic drug.
- Its claims are formulated around particular compounds, uses, and formulations, with a focus on protecting novel aspects that improve clinical outcomes.
- The patent fits into a broader patent family, with potential extensions in other jurisdictions.
- The scope appears focused, possibly limiting broad generics but offering strong protection for specific embodiments.
- The patent's validity depends on its novelty and inventive step over prior art, including earlier patents and scientific publications.
FAQs
-
Is ES2604102 still in force?
Assuming standard 20-year term from filing and no extensions, it may expire around 2032.
-
Can a generic be developed based on this patent?
Generics cannot use the patented compounds, formulations, or methods without licensing or if the patent lapses.
-
Has the patent been subject to legal challenges?
No publicly available information indicates ongoing litigation.
-
What is the potential for infringement in Spain?
Patent enforcement depends on market activity; drugs implementing similar compositions or methods infringe if they fall within the claims.
-
Are there related patents protecting similar inventions?
Likely yes, as pharmaceutical patents often include family members across jurisdictions.
References
[1] European Patent Office. (2023). Patent ES2604102. Retrieved from the EPO Espacenet database.
[2] World Intellectual Property Organization. (2023). Patent family data & PCT filings.
[3] European Patent Office. (2022). Guidelines for Examination of Patent Applications.
