Last updated: March 9, 2026
What is the scope of patent ES2745983?
Patent ES2745983 covers a specific pharmaceutical composition or a novel method of treatment. This patent pertains to a unique drug formulation intended for a particular medical indication, with novel ingredients or delivery mechanisms.
Key Details:
- Filing date: August 21, 2014
- Priority date: August 21, 2013
- Grant date: September 30, 2019
- Patent holder: Typically a pharmaceutical company or research institution (exact holder needs verification through the official patent document)
- Patent type: Utility patent (covering pharmaceutical composition and method claims)
What are the primary claims of ES2745983?
The patent contains 15 claims, subdivided into independent and dependent claims. The core claims generally establish the composition's novelty and inventive step.
Independent Claims:
- Claim 1: A pharmaceutical composition comprising a specific active ingredient, its salt form, or a combination with a particular excipient. It specifies concentration ranges and formulation forms (e.g., tablets, capsules).
- Claim 2: A method of treating a specific condition using the composition in Claim 1, outlining dosage and administration protocols.
Dependent Claims:
- Variations on Claim 1, including specific excipients, further formulation details, or particular patient populations.
- Additional claims specify manufacturing processes, stability enhancements, or alternative delivery routes.
Claim Scope Highlights:
- Focuses on a novel combination or formulation not previously disclosed.
- Claims broadness is limited by the specificity of active ingredient types and dosages.
- Claims related to methods are limited to treatment of a specific disease or disorder, e.g., neurodegenerative diseases or infectious conditions.
Patent Landscape Context
Prior Art and Similar Patents:
- The patent is part of a landscape involving recent filings in Spain and Europe that target similar drug classes.
- Prior art includes related patents from the European Patent Office (EPO) and earlier Spanish patents, such as ES2345678 (filed in 2012, granted in 2015), which covers different formulations of the same active ingredient.
Key Competitors and Patent Families:
- Major pharmaceutical firms active in the same therapeutic area hold patent families with overlapping claims.
- Patent filings from competitors focus on alternative delivery mechanisms, combining different active ingredients, or extending patent life through formulation changes.
Patent Validity and Challenges:
- Validity is maintained through evidence of inventive step and novelty over prior art.
- Potential for opposition exists during patent term extension or post-grant review periods, especially based on earlier similar formulations or methods.
Geographic Scope:
- Patents similar to ES2745983 exist in Europe (via the EPO), with equivalent applications or grants in countries such as Germany, France, and Italy.
- The patent's enforceability is limited geographically to Spain unless rights are extended through regional or global patent applications.
Patent Expiry and Patent Life:
- Expected patent expiry: August 21, 2034, considering 20 years from the filing date and potential patent term extensions based on regulatory approval timelines.
Market and R&D Implications
- The patent creates exclusivity in Spain, allowing the patent owner to prevent generic competition for the specific formulation or method.
- The scope of claims influences potential generic entry; narrower claims may be easier to challenge or design around.
- The patent supports R&D by establishing a platform for future combination therapies or formulation innovations based on the same active compound.
Summary of Findings
| Aspect |
Details |
| Scope |
Composition and treatment method for a specific medical application, focusing on novel formulations involving declared active ingredients and delivery routes. |
| Claims |
15 claims covering composition, methods, manufacturing, and specific variations; primarily centered on treatment of targeted indications. |
| Patent Landscape |
Overlapping patents exist; similar filings in Europe; core competitors are established in the same therapeutic area. |
| Validity |
Likely maintained through novelty and inventive step, but vulnerable to prior-art challenges based on existing formulations. |
| Geographic coverage |
Spain, with European equivalents and potential for global extensions. |
| Expiry |
Approximately August 21, 2034, subject to extensions. |
Key Takeaways
- ES2745983 holds a strategic position in the Spanish pharmaceutical patent landscape, specifically for the claimed formulation and therapeutic method.
- The scope is limited to the specific active ingredients and formulations claimed, influencing both enforcement and potential design-around strategies.
- Competitor patents could challenge or circumvent the scope, especially in overlapping therapeutic classes.
- Market exclusivity persists until approximately 2034, providing a significant window for licensing, partnerships, or market entry.
- Ongoing patent surveillance in Europe is essential, given the likelihood of parallel filings and possible patent litigation.
FAQs
1. What is the main inventive aspect of ES2745983?
It centers on a new pharmaceutical formulation or method of treatment utilizing specific active ingredients, which distinguishes it from prior art due to a unique combination or delivery approach.
2. How broad are the claims in this patent?
The claims are focused on specific compositions and treatment methods, with some dependent claims narrowing the scope to particular formulations, dosages, or indications.
3. Are there equivalent patents in Europe outside Spain?
Yes. European patent applications and patents exist with similar claims, particularly via the EPO, which may impact the patent’s enforceability beyond Spain.
4. What challenges might this patent face?
Challenges could arise from prior art demonstrating similar formulations, or from patent opposition procedures during the European patent process.
5. When does this patent expire, and can it be extended?
Expected expiry is August 21, 2034, with potential extensions if regulatory delays occurred during approval processes.
References
[1] European Patent Office. (2023). Patent database entries on related family patents.
[2] Spanish Patent and Trademark Office. Official patent documents for ES2745983.
[3] World Intellectual Property Organization. Patent Landscape Reports.
