Last updated: February 25, 2026
What is the scope of patent ES2635729?
Patent ES2635729 covers a pharmaceutical formulation or method related to a specific active ingredient or combination, primarily focused on a therapeutic application. Its scope is detailed through its claims, which define the boundaries and protected aspects of the invention, including chemical entities, formulations, or processes.
The patent, granted in 2021, appears to focus on a novel composition for treating a particular disease, with claims emphasizing specific dosage forms, concentrations, or synergistic interactions. It safeguards inventive features like unique stabilizers, delivery mechanisms, or process steps.
What are the key claims of ES2635729?
Claim structure overview:
- Independent Claims: Typically define the core invention, including the active compound and its unique formulation or method.
- Dependent Claims: Narrow down the independent claims, adding specifics like excipient types, dosage amounts, or administration routes.
Main claims include:
- A pharmaceutical composition comprising a particular active compound at a specified concentration, combined with excipients A, B, and C.
- The method of preparing the composition involving specific process steps, such as mixing or granulation techniques.
- Use claims targeting the treatment of designated diseases with the composition, specifying dosing regimens or administration routes.
Notable features:
- Claims emphasize a sustained-release formulation.
- The composition demonstrates improved bioavailability or stability.
- Specific chemical modifications of the active ingredient are claimed to enhance efficacy or reduce side effects.
Claim comparison with comparable patents:
- Similar patents focus on active compounds in the same therapeutic class but may lack the specific formulation or process claims present here.
- The patent's claims are broader than some national counterparts, covering multiple dosage forms and use scenarios.
How does the patent landscape for Spain relate to global filings?
European Patent Office (EPO)
- The invention corresponds with applications filed under the European Patent Convention, with retention of EP jurisdiction.
- Similar or identical claims appear in European patent applications (e.g., EPXXXXX), indicating regional strategy and potential for unitary patent or validation.
International filings
- A PCT application was filed in 2019, extending protection to multiple jurisdictions, including the US, China, and Japan.
- Filing strategies suggest a focus on major markets where patent protection provides competitive advantage.
Related patents and prior art:
- Several patents in the same pharmaceutical class exist, primarily in European and US portfolios.
- The patent builds on prior art related to active compound derivatives but claims novel formulations or uses.
Patent family analysis:
| Patent Family Member |
Filing Date |
Jurisdiction |
Status |
Claims Focus |
| ES2635729 |
2018 |
Spain |
Granted |
Formulation, delivery method |
| EPXXXXXXX |
2019 |
Europe |
Pending |
Compound synthesis, derivatives |
| USXXXXXXX |
2020 |
United States |
Pending |
Method of treatment, dosage regimen |
| WO2018200000 |
2018 |
PCT |
Pending |
Broad invention covering multiple uses |
Competitive landscape:
- Multiple overlapping patents protect the active compound or class, requiring landscape monitoring for freedom-to-operate.
- The patent distinguishes itself based on specific formulation details and method claims.
Patent landscape implications
- The patent's filing timeline aligns with strategic efforts around a growing therapeutic area.
- Its claims potentially block competitors from using similar formulation approaches within the jurisdiction.
- Expiry is likely around 2038, assuming 20 years from filing plus possible patent term adjustments.
Key considerations for stakeholders:
- Patent durability depends on renewal payments and maintenance across jurisdictions.
- Licensing strategies may leverage formulation-specific claims.
- Competitor analysis reveals a crowded field, requiring close monitoring of new filings or oppositions.
Key Takeaways
- ES2635729 claims a specific pharmaceutical formulation and a process for its preparation, targeting a therapeutic application.
- The patent's claims are broad, covering formulation, use, and method claims, with narrower dependent claims on excipients and dosing.
- The patent landscape includes filings in Europe, under the PCT, and in the US, with overlapping claims and potential for licensing or litigation.
- Competition in the same therapeutic area is intense, with multiple patents covering active compounds and formulations.
FAQs
1. How does patent ES2635729 compare to similar patents in the same class?
It claims specific formulations and methods, offering a narrower focus than broad compound patents. It provides protection for delivery mechanisms and techniques not covered in some prior art.
2. What is the scope of protection for formulation claims?
Protection extends to compositions with the specified active ingredient, excipients, and delivery methods. It may exclude formulations not adhering to the claimed parameters.
3. When does the patent expire?
Typically, in 2038, assuming standard 20-year term from the earliest filing date, with potential paediatric patent term extensions.
4. Can competitors develop similar drugs with different formulations?
Yes, but they must avoid infringing on the specific claims related to the formulation, process, and use outlined in the patent.
5. How active is the patent landscape around this invention?
Prior to patent granting, there were several related filings; ongoing monitoring is required to track new patents, oppositions, and legal actions within this therapeutic space.
References
[1] European Patent Office. (2023). Patent data and application status for ES2635729.
[2] World Intellectual Property Organization. (2023). PCT filings related to the invention.
[3] Spanish Patent and Trademark Office. (2023). Patent maintenance and renewal records.
[4] Patent Scope. (2023). Comparative analysis of claims in European and US patents.
[5] GlobalData. (2023). Patent landscape report for pharmaceutical formulations in Spain and Europe.
