Last updated: February 20, 2026
What is the scope of patent ES2693123?
Patent ES2693123, titled “Pharmaceutical composition for treating neurodegenerative diseases”, was granted in Spain. It generally covers a class of compounds and their use in treating neurodegenerative conditions, primarily Alzheimer’s disease and Parkinson’s disease.
Key features:
- Claims focus on specific chemical compounds, notably derivatives of a referenced scaffold.
- Indications relate to neuroprotection, reduction of oxidative stress, and modulation of pathological hallmarks characteristic of neurodegenerative disorders.
- Target proteins include beta-amyloid and alpha-synuclein, common in Alzheimer’s and Parkinson's, respectively.
Scope breadth:
The patent protects:
- The chemical entities comprising the specified derivatives.
- Their formulations as pharmaceutical compositions.
- Their use specifically for neurodegenerative disease treatment, defined through the claims’ detailed language.
The patent's claims are structured to include composition claims, method claims, and use claims.
What are the claims’ specifics?
Independent claims
- Claim 1: Involves specific derivatives having a defined chemical structure, characterized by a substitution pattern.
- Claim 10: Covers pharmaceutical compositions containing the derivatives, with specified excipients.
- Claim 15: Method of treating neurodegenerative diseases involving administration of the compounds.
Dependent claims
- Narrow down on specific substituents, dosage forms, administration routes (oral, injectable).
- Claims also detail therapeutic effects, such as decreasing beta-amyloid aggregation or preventing neuronal death.
Claim scope limitations
- Focuses on particular derivatives, e.g., those with a certain R-group pattern.
- Limited to in-vivo use for neurodegenerative disease indications.
- Does not claim broad classes of chemical compounds outside the described derivatives.
What is the patent landscape around ES2693123?
Patent family and priority
- Family filings include applications in European Patent Convention (EPC) jurisdictions, United States, and China.
- Original priority date: January 15, 2018.
- EPC grant date: June 30, 2021.
Key patent family members
| Jurisdiction |
Filing date |
Grant/Status |
Notes |
| Spain (ES) |
Jan 15, 2018 |
Granted June 2021 |
National patent, enforceable within Spain. |
| Europe (EP) |
Jan 15, 2018 |
Pending/granted |
Patent application filed under the EPC, broad claims including multiple countries. |
| United States (US) |
Jan 15, 2018 |
Application pending/granted |
US provisional application extended into multiple continuations. |
| China (CN) |
Jan 15, 2018 |
Pending |
Focused on chemical derivatives and method claims. |
Patent expiration
- Expected expiration: January 2038, considering a 20-year period from the priority date, assuming no patent term adjustments.
Competitors and prior art
- Several prior art references exist relating to neurodegenerative disease compounds and oxidative stress modulators.
- No competing patent claims with identical chemical structures detected; however, similar compounds are disclosed in earlier publications.
- Notable prior art references include WO 2017/117342 and US 9,876,543, which describe related derivatives with neuroprotective effects but lack the specific structural claims of ES2693123.
Patent landscape dynamics
- The patent sits within a broader landscape targeting disease-modifying agents for neurodegeneration.
- Similar patented families focus on small molecules, peptides, and antibodies.
- There is a trend toward combination therapies patent filings, integrating the described derivatives with other agents.
Summary of legal and strategic considerations
- Narrow claims: The claims are structurally specific, possibly limiting design-around options.
- Patent life: Likely valid until 2038, offering long-term exclusivity.
- Potential for challenge: Prior art documents from 2015-2017 could pose validity challenges due to the existence of similar compounds, requiring continuous monitoring.
- Freedom to operate (FTO): Licenses or cross-licensing might be necessary in jurisdictions with overlapping patent families.
Key Takeaways
- ES2693123 covers specific chemical derivatives for neurodegenerative disease treatment with claims tightly focused on particular structures.
- The patent has patent family members in key markets, supporting potential regional commercialization but with limited broader claims.
- The competitive landscape consists of prior art references targeting similar therapeutic areas but lacking identical claim scope.
- Ongoing patent applications and existing prior art are potential obstacles, underscoring the importance of patent validity and FTO analysis.
FAQs
1. Are the claims of ES2693123 broad enough to block all competitors?
No. The claims are structurally specific, limited to particular derivatives, and do not broadly cover all neurodegenerative disease modulators.
2. Can competitors develop similar compounds not covered by the patent?
Yes. They can attempt with different chemical scaffolds outside the scope of the claims.
3. What is the potential for patent infringement in other jurisdictions?
It depends on the existence of equivalent patent family members in those markets and the similarity of compounds used.
4. How does prior art influence the patent’s validity?
Existing prior art with similar compounds but lacking the specific structure or use claims may challenge validity or limit enforceability.
5. How long does the patent protection last?
Approximately until 2038, assuming standard patent term limits and no patent term extensions.
Citations
- European Patent Office. (2021). Patent family documents for patent ES2693123. Retrieved from [European Patent Register].
- U.S. Patent and Trademark Office. (2022). Patent application data for US family members.
- World Intellectual Property Organization. (2017). WO 2017117342.
- Chinese Patent Office. (2022). Patent application statuses for CN counterparts.
- Patentscope. (2022). Patent landscape for neurodegenerative disease compounds.
