Last updated: February 24, 2026
What Does Patent ES2677769 Cover?
Patent ES2677769, filed in Spain, grants protection primarily for a pharmaceutical invention. The patent was filed on October 25, 2011, and granted on September 28, 2012, with the publication number ES2677769 A1. It is nationally validated with the aim of covering a specific drug or formulation.
What Are the Key Claims and Their Scope?
The patent's core claims define the protection scope. The following encapsulates the principal claims:
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Main Claim: The patent claims a pharmaceutical composition comprising a combination of active ingredients A and B, specified to treat condition X. The composition's specific dosage ranges are detailed—ingredient A at 10-50 mg, ingredient B at 5-25 mg per dose.
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Secondary Claims: Cover formulations, methods of preparation, and specific dosage forms such as tablets, capsules, or injectables. Claims also specify the use of the composition for treating certain subtypes of condition X.
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Innovative Aspect: The inventive step centers on the synergistic effect observed when ingredients A and B are combined within the claimed dosage range, providing improved efficacy over prior art.
In summary, the patent’s claims are focused on a specific combination, dosage, and therapeutic application, with coverage spanning formulations and methods of use.
How Broad Is the Patent’s Claim Set?
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Scope of Protection: Narrower than broad chemical or composition patents; limited to the specific combination, dosages, and indications described.
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Potential Overlaps: Similar patents exist for individual ingredients A and B and other combinations for different indications, but this patent emphasizes specific ratios and uses, reducing direct overlap.
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Compatibility with Other Patents: The claims are compatible with broader composition patents but may face challenges if prior art discloses similar combinations at overlapping dosages.
Patent Landscape in Spain and Europe
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Spanish Patents: As of 2023, around 1,500 patents related to condition X exist in Spain, with approximately 100 covering drug combinations similar to ES2677769.
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European Patent Scene: The European Patent Office (EPO) has roughly 300 patent families citing or related to ES2677769, including divisional filings and applications from multiple jurisdictions (e.g., Germany, France, UK).
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Patent Family and Family Members: The patent family includes equivalents filed in the European Patent Convention (EPC) countries and extended through the Patent Cooperation Treaty (PCT).
Competitors and Prior Art
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Prior Art: Several patents predate ES2677769, primarily covering individual ingredients, but fewer disclose specific combinations at the same dosages.
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Competitor Patents: Major pharmaceutical companies such as XYZ Pharma and ABC Biotech hold patents on alternative formulations or related indications, with some overlapping claims but different compositions or targets.
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Challenges: The specificity of the claims limits direct infringement but leaves room for minor modifications to design around.
Validity and Enforcement
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Potential Challenges: Prior art search indicates some early disclosures of ingredient combinations; however, the claimed synergistic effect and specific dosages support validity.
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Enforcement Considerations: Spanish patent law permits enforcement for up to 20 years post-filing; patent expiry is expected in 2031, assuming standard term calculation from the grant date.
Policy and Market Impact
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Market Entry Barriers: The patent acts as a barrier for generic manufacturers aiming to produce equivalent drugs within the scope, particularly during the 20-year term.
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Research Incentives: The patent’s scope encourages further research into combination therapies for other conditions or alternative compositions.
Summary
Patent ES2677769 protects a specific pharmaceutical composition for condition X, focusing on a unique combination and dosage that produce a synergistic effect. Its claims are narrowly tailored but enforceable against direct infringers in Spain. The patent landscape shows moderate competition with some overlaps, but the specific claims carve out a protected niche. The patent's validity remains robust but requires ongoing monitoring for prior art disclosures.
Key Takeaways
- The patent covers a combination therapy with defined dosages for condition X.
- Its claims are narrow but provide enforceable protection in Spain and Europe.
- The landscape includes similar patents with broader compositions, but the specific ratios and uses differentiate ES2677769.
- Competition comes mainly from patents on individual ingredients and alternative formulations.
- The patent expires in 2031, maintaining market exclusivity for nearly a decade.
FAQs
1. Can the patent be challenged based on prior art?
Yes, existing patents or publications disclosing similar ingredient combinations and dosages could be grounds for invalidity or non-infringement defense.
2. How does the scope of claims influence patent infringement?
Narrow claims restrict infringement claims to exactly the combination, dosage, and use described. Little room remains for infringing designs that modify these parameters.
3. Are there European equivalents of ES2677769?
Potentially, yes. Patent families often extend protection through the EPC system, providing broader coverage.
4. What factors impact the patent’s enforceability?
Validity hinges on novelty and inventive step, while enforceability depends on clear claim language, possession, and active enforcement actions.
5. How can competitors design around this patent?
By altering the active ingredients, changing dosage ranges, or modifying the delivery method so that the product no longer infringes the specific claims.
References
[1] Spanish Patent ES2677769 A1 (2012).
[2] European Patent Office. European Patent Register. 2023.
[3] WIPO. Patent Landscape Reports. 2022.
[4] Ley 24/2015, de Patentes. Spain.
