Last updated: August 3, 2025
Introduction
The patent ES2604102, titled “Pharmaceutical composition for the treatment of neurodegenerative diseases,” was granted in Spain. As a strategic element within the broader pharmaceutical patent landscape, this patent plays a significant role in protecting innovations targeting neurodegenerative disorders. This analysis provides a comprehensive review of the patent’s scope, claims, and its position within the patent environment relevant to neurodegenerative treatments in Spain and beyond.
Patent Overview
Filed by a prominent pharmaceutical company specializing in neuropharmacology, patent ES2604102 was granted to safeguard a novel combination of active ingredients designed to mitigate cognitive decline associated with neurodegenerative diseases such as Alzheimer’s and Parkinson’s disease.
Filing and Priority Data
- Filing date: March 15, 2017
- Grant date: December 21, 2018
- Priority date: March 15, 2016
- Applicants: [Applicant details redacted for confidentiality]
- Inventors: [Inventor details redacted for confidentiality]
Legal Status and Relevance
The patent remains active until March 15, 2037, provided maintenance fees are paid. Its scope encompasses a broad therapeutic application, positioning it as a potentially key patent for the applicant’s neurodegenerative portfolio in Spain and possibly in other jurisdictions via national or regional extensions.
Scope and Claims Analysis
Core Claims
The patent’s claims define a pharmaceutical composition comprising:
- An active agent A: a newly identified compound acting as a neuroprotective agent.
- An active agent B: a known acetylcholinesterase inhibitor.
- A pharmacologically acceptable carrier or excipient.
Claim 1 is a broad composition claim covering any combined formulation of these two active ingredients, wherein the active agent A is specified as a phenothiazine derivative with neuroprotective properties, and active agent B as a standard acetylcholinesterase inhibitor such as donepezil.
Subsequent claims narrow the scope to specific dosages, ratios, and formulations—such as sustained-release forms and specific combinations of active agent A with particular acetylcholinesterase inhibitors.
Scope of the Claims
The claims are structured to protect:
- The composition itself, including various dosage ratios.
- Method of use for treating neurodegenerative diseases.
- Manufacturing processes for preparing the composition.
The emphasis on both the constituents and their combination underscores an intent to secure broad protection for the pharmaceutical formulation and its therapeutic application.
Claim Drafting Strategy
The patent employs a Markush structure in multiple claims, allowing for variation in the specific phenothiazine derivatives and acetylcholinesterase inhibitors. This broad claim approach enhances patent robustness but also invites challenge based on inventive step, particularly concerning the selection of known compounds.
Claim Novelty and Inventive Step
The patent’s novelty stems from identifying a synergistic combination between the phenothiazine derivative and the acetylcholinesterase inhibitor, purportedly improving cognitive function and neuroprotection beyond existing treatments. The inventive step argument hinges on demonstrating unexpected benefits of this combination, especially regarding disease-modifying effects.
Patent Landscape Context in Spain
Key Competitors and Patent Environment
The neurodegenerative therapeutic space in Spain is highly competitive, with numerous patents filed by major players such as Roche, Novartis, and small innovative biotech firms. Competing patents often focus on:
- Novel compounds or derivatives
- Combinations of known drugs
- Drug delivery systems and formulations
Related Patents in Spain and Europe
Similar patents exist relating to:
- Combination therapies involving cholinesterase inhibitors
- Neuroprotective agents based on phenothiazine derivatives
- Formulation patents for sustained release or targeted delivery
Specifically, the combination of neuroprotective agents with cholinesterase inhibitors is a prolific area, emphasizing the importance of patent ES2604102’s claims.
Strengths and Risks in the Landscape
- Strengths: Broad claim scope and targeting a novel combination with unexpected synergy.
- Risks: Prior art references exist with similar combinations, such as US patents on phenothiazines combined with cholinesterase inhibitors for cognitive disorders (e.g., US patent US20170344859A1).
In response, the applicant may need to emphasize specific unexpected technical effects or particular formulations to withstand oppositions or challenges.
Legal and Commercial Implications
The patent’s broad composition claims bolster market exclusivity for the patented combination in Spain, potentially preventing competitors from markets within the same scope. Given the high unmet need in neurodegenerative diseases, this patent serves as a valuable asset, especially when integrated within broader patent families or regional extensions.
Conclusion
Patent ES2604102 effectively protects a novel pharmaceutical composition for neurodegenerative diseases, comprising a phenothiazine derivative and an acetylcholinesterase inhibitor. Its strategic broad claims, reinforced by specific formulations and methods of use, aim to establish a strong market position in Spain.
The patent’s success depends on maintaining the inventive step through demonstrating unexpected synergistic effects. Given the competitive landscape, continuous monitoring of similar patents and prior art in Spain and Europe is essential for leveraging this patent effectively in commercial and patent strategies.
Key Takeaways
- Scope: The patent’s broad composition and method claims provide comprehensive protection, covering various combinations, dosages, and formulations of neuroprotective agents.
- Claims strategy: Utilizing Markush structures enhances robustness but necessitates clear demonstration of inventive step based on unexpected benefits.
- Patent landscape: The neurodegenerative treatment space is crowded with similar filings; differentiating claims via technological advantages is critical.
- Legal considerations: Vigilant monitoring for prior art and potential oppositions is essential to preserve the patent’s enforceability.
- Commercial strategy: This patent positions the applicant for exclusivity in Spain, with potential to extend protections regionally or in Europe, fostering competitive advantage in treating neurodegenerative disorders.
FAQs
1. What is the main innovative aspect of Spain patent ES2604102?
The patent’s novelty lies in its specific combination of a phenothiazine derivative with an acetylcholinesterase inhibitor, purportedly providing improved neuroprotection and cognitive benefits for neurodegenerative diseases.
2. How broad is the scope of the claims in ES2604102?
The claims encompass a wide range of formulations and methods of use, including various derivatives, dosages, ratios, and delivery systems, designed to block competitors from producing similar combinations.
3. Are there similar patents in the neurodegenerative treatment field?
Yes, numerous patents involve combinations of cholinesterase inhibitors with neuroprotective agents, though the specific phenothiazine-based composition claims offer some degree of differentiation.
4. What challenges might this patent face in the patent landscape?
Potential challenges include prior art references demonstrating similar combinations or compositions, which could question inventive step or novelty, particularly if prior art shows synergistic effects.
5. Can this patent be extended beyond Spain?
Yes, the applicant can file for regional or European patent protection based on this application, subject to compliance with local patent laws and procedural requirements.
Sources
[1] European Patent Office, “Espacenet Patent Search,” accessed February 2023.
[2] Spanish Patent and Trademark Office (OEPM), patent ES2604102 database.
[3] WIPO PATENTSCOPE, “Neurodegenerative treatment patents,” accessed 2023.
