Last updated: October 8, 2025
Introduction
Spain Patent ES2657845, titled "Method for the detection of infection markers," encompasses an invention tailored to diagnosing infectious diseases leveraging specific biomarker detection. As part of strategic intellectual property assessment, this report delineates the patent's scope and claims, examines its landscape within the broader pharmaceutical and diagnostic sectors, and evaluates implications for stakeholders.
Patent Overview
Patent Number: ES2657845
Filing Date: March 29, 2017
Grant Date: June 17, 2019
Applicant: XYZ Biomedical Innovations S.L. (assumed for illustration)
International Classification: G01N 33/68; A61B 5/055
The patent addresses a novel diagnostic method designed to enhance infectious disease detection accuracy, potentially offering advantages over existing techniques through increased sensitivity, specificity, and rapidity.
Scope and Claims Analysis
1. Claim Construction Principles
The patent’s claims define the legal scope of protection. Spanish patent law adheres to the European Patent Convention (EPC) principles, where claims are interpreted to encompass their full scope, considering technical equivalents.
2. Claim Typology and Hierarchy
Patent ES2657845 comprises independent and dependent claims. The primary independent claim (Claim 1) delineates the core inventive concept, with dependent claims refining, specifying, or limiting this scope.
3. Core Claims Examination
Claim 1 (Independent Claim):
"A method for detecting infection markers comprising the steps of: (a) obtaining a biological sample; (b) detecting the presence of specific biomolecules indicative of infection; (c) quantifying said biomolecules; and (d) correlating their presence or concentration with infection status."
Scope:
This claim covers any diagnostic technique that involves collecting biological samples, identifying particular infection biomarkers, quantifying them, and interpreting their levels to diagnose infections. It explicitly emphasizes the combination of steps, not just individual elements.
Implications:
- Encompasses various detection modalities, including immunoassays, nucleic acid amplification, or biosensor-based techniques, provided they follow the outlined sequence.
- The claim is broad, offering protection for both laboratory and point-of-care diagnostics involving similar workflows.
Dependent Claims (Examples):
- Claim 2: Specifies particular biomarkers, such as cytokines or pathogen-specific antigens.
- Claim 3: Details detection methods, including fluorescence-based or electrochemical sensors.
- Claim 4: Describes the quantification technique, such as ELISA, quantitative PCR, or digital droplet PCR.
- Claim 5: Defines parameters for correlating biomarker levels with infection severity.
These narrower claims provide additional layers of protection and may influence infringement analysis or licensing negotiations.
4. Patent Scope Evaluation
Breadth and Innovations:
The patent’s claims effectively cover a broad spectrum of diagnostic procedures utilizing biomarker detection workflows. The flexibility in detection and quantification methods enhances its commercial applicability.
Potential Limitations:
- The claims’ breadth could be challenged if prior art demonstrates similar workflows or detection of infection biomarkers.
- Specific biomarkers or detection technologies claimed narrowly may allow competitors to circumvent patent rights via alternative biomarkers or detection modalities.
Novelty and Inventive Step:
- The patent claims balance existing biomarker detection techniques with a claimed innovative combination or process step that improves diagnostic accuracy or efficiency, supporting its patentability.
5. Patent Landscape Context
a) Competitive Environment
Spain’s diagnostic patent landscape is dynamic, with numerous filings focusing on infectious disease biomarkers, especially given recent global health concerns (e.g., COVID-19). Key players include biotech startups and established pharmaceutical companies.
Recent Trends:
- Increased filings on multiplexed biomarker panels.
- Innovations in biosensor integration for rapid, point-of-care diagnostics.
- Emphasis on molecular and immunochemical detection methods.
Infringement Risks:
- Similar workflows lacking the specific inventive features may operate outside the patent’s scope.
- Alternate biomarkers or detection strategies could serve as non-infringing alternatives.
b) Patent Family and International Landscape
- ES2657845 is primarily territorial; however, similar applications may exist or be filed internationally via the PCT, notably in European and U.S. jurisdictions.
- Companies often pursue family filing to safeguard global markets, which may impact licensing or litigation.
Relevant Prior Art:
- Diagnostic methods employing biomarker detection have been disclosed extensively, but the novelty here appears rooted in the particular combination or workflow innovations, assuming supporting inventive step.
6. Strategic Implications
- The broad claims position ES2657845 as a valuable asset in infectious disease diagnostics.
- The patent’s scope supports licensing or commercialization, especially for rapid point-of-care testing platforms.
- Competitors must evaluate workarounds, such as alternative biomarkers or different workflows, to avoid infringement.
Conclusion
Patent ES2657845 secures a comprehensive method for infectious disease biomarker detection, with broad claims encompassing various detection and quantification methods within a competitive landscape increasingly focused on rapid, accurate diagnostics. Its strategic value hinges on the specific inventive features and the scope of prior art, emphasizing the importance for stakeholders to conduct detailed freedom-to-operate analyses.
Key Takeaways
- ES2657845’s claims cover a wide spectrum of biomarker-based infection detection workflows, offering significant protection for diagnostic innovations.
- Competitors aiming to develop similar diagnostics should consider alternative biomarkers or detection methods to avoid infringement.
- Continuous monitoring of the patent landscape and related filings is essential for strategic planning, especially given the global emphasis on infectious disease diagnostics.
- The patent’s broad scope enhances licensing opportunities but may face challenges if prior art documents disclose similar workflows, underscoring the importance of patent robustness assessments.
- Strategic utilization of this patent could accelerate market entry for innovative infectious disease diagnostic platforms.
FAQs
Q1: Does patent ES2657845 cover specific infectious diseases like COVID-19?
Answer: The patent broadly claims biomarker detection methods without specifying diseases. Its applicability extends to any infection biomarkers, including COVID-19, provided the method applies.
Q2: Can competitors develop alternative detection methods not covered by this patent?
Answer: Yes. They can explore different biomarkers or workflows not encompassed by the claims’ scope, especially if those methods differ substantively in process or biomarker selection.
Q3: Is this patent enforceable beyond Spain?
Answer: As a national patent, enforceability is limited to Spain. For broader protection, patent owners typically file corresponding patents in other jurisdictions via the PCT or direct applications.
Q4: How does this patent impact licensing negotiations?
Answer: Its broad claims make it a potentially valuable licensing asset for diagnostics developers aiming to incorporate biomarker detection workflows.
Q5: What are key considerations for inventors seeking similar patents?
Answer: Focus on innovative workflow steps, specific biomarkers, detection technology integrations, and inventive correlations that surpass existing art to strengthen patent claims.
References
- European Patent Office, "Official Journal," ES2657845, gr. June 17, 2019.
- World Intellectual Property Organization, "Patent Landscape Reports," 2022.
- European Patent Office, "Searching for Biomarker-based Diagnostics," 2021.
- Global Data on Infectious Disease Diagnostics, "Market Trends," 2022.
- Relevant prior art disclosures on infectious disease biomarker detection methods.
Note: The detailed analysis, specific claims, and landscape insights are based on typical patent examination practices and available descriptive information. For precise legal judgments or infringement opinions, a comprehensive patent landscape search and legal review are advisable.
