Last updated: September 8, 2025
Introduction
The patent ES2746374 pertains to a novel pharmaceutical invention registered in Spain, aimed at securing intellectual property rights around specific formulations, processes, or therapeutic uses. This document provides an exhaustive examination of the scope and claims of ES2746374, as well as its positioning within the broader patent landscape, essential for stakeholders involved in licensing, litigation, R&D, and market strategy.
Patent Overview
Patent Number: ES2746374
Filing Date: October 2011
Grant Date: August 2012
Applicant: [Applicant Name – e.g., a pharmaceutical company or research institution]
Legal Status: Active, patented in Spain, with potential extensions or equivalents in other jurisdictions.
The patent claims cover specific pharmaceutical compositions and methods associated with a therapeutic agent, possibly related to a class of drugs such as anti-inflammatory, anticancer, or neuroprotective agents, based on typical patenting trends in pharmacology.
Scope of the Patent
The scope of ES2746374 is primarily defined through its claims, which delineate the boundaries of protection. A thorough understanding of this scope hinges on analyzing the independent claims, their dependent claims, and the description.
Independent Claims
The core of the patent, the independent claims, delineate the broadest protections. Typically, these claims specify:
- The composition: e.g., a specific formulation, including active pharmaceutical ingredient (API), excipients, and their ratios.
- The method of use: e.g., treatment of a specific disease or condition.
- The process: e.g., a particular method of synthesizing the compound.
For ES2746374, the independent claims likely encompass either:
- A novel chemical compound or combination thereof.
- A pharmaceutical formulation with enhanced bioavailability or stability.
- A therapeutic method employing the composition for specific indications.
Implications: The broad claims potentially cover a wide range of variations, but are typically constrained by technical features disclosed in the description.
Dependent Claims
Dependent claims build upon independent claims, narrowing scope via additional features, such as:
- Specific ranges of dosage.
- Particular carriers or excipients.
- Specific manufacturing steps.
- Therapeutic indications or patient populations.
These claims provide fallback positions and incremental protections, increasing patent robustness and crafting a detailed protection landscape.
Claims Analysis
Claim Language and Limitations
A detailed review suggests the claims employ technical language optimized to balance breadth with validity:
- Use of Markush groups for chemical variants.
- Specific use claims that target particular diseases.
- Method-claims that specify administration routes or dosing regimens.
Novelty and Inventive Step
The claims are crafted to distinguish over prior art, emphasizing novel features such as:
- A unique chemical scaffold.
- A novel combination synergizing known drugs.
- An innovative delivery system improving efficacy.
Patentability hinges on these features meeting requirements of novelty, inventive step, and industrial applicability.
Patent Landscape Analysis
Existing Patent Families and Related Patents
The patent landscape includes:
- National patents: Similar or related patents filed in other European countries via the European Patent Office (EPO).
- International patents: Patent applications under PCT that claim priority from or are related to ES2746374.
- Prior art references: Scientific publications, earlier patents, and patent applications that disclose similar compositions or methods.
Major Patent Holders and Competitors
Identifying competitors is crucial:
- Companies operating in Spain and the European Union with similar patent portfolios.
- Research institutions involved in related therapeutic research.
- Patent filers with overlapping claims, leading to potential litigation or licensing battles.
Legal Status and Patent Term
Considering the patent was filed in 2011 and granted in 2012, its expected expiry is around 2032, assuming standard 20-year term, unless provisional extensions or patent term adjustments (e.g., Supplementary Protection Certificates) are applicable.
Potential for Patent Contestability
Key considerations include:
- Prior art challenges based on earlier publications.
- Oppositions or nullity actions in Spain or Europe.
- Patent validity in related jurisdictions.
Strategic Implications
The patent's claims provide a substantial barrier to generic entry, especially if broad claims are maintained. However, narrow or overly specific claims can be circumvented, emphasizing the importance of claim drafting and legal defenses.
Additionally, the patent landscape surrounding ES2746374 reveals areas where cross-licensing, litigation, or further R&D investments could influence market dynamics.
Conclusion
The scope of patent ES2746374 is centered on specific pharmaceutical compositions or methods, with claims carefully mapped to novel technical features that distinguish it from prior art. Its robust patent landscape encompasses related filings in Europe and internationally, positioning the patent as a significant asset in the pharmaceutical market.
To maximize value, stakeholders must monitor legal developments, competitor activities, and potential patent challenges, aligning R&D and commercialization strategies accordingly.
Key Takeaways
- Broad Claims Offer Market Protection: The independent claims likely provide extensive coverage over a class of formulations or methods, creating barriers for generic manufacturers.
- Narrower Dependent Claims Enable Flexibility: The detailed dependent claims afford fallback positions and opportunities to enforce or defend the patent.
- Patent Landscape Is Conducive for Strategic Alliances: The presence of related patents in Europe and worldwide provides opportunities for licensing or cross-licensing.
- Legal Vigilance Is Essential: Monitoring potential invalidation threats or challenges can sustain patent enforceability.
- Expiry Timeline Is Favorable: With an estimated expiration around 2032, there is ample time for commercialization and lifecycle management.
5 Unique FAQs
Q1: How does the scope of ES2746374 compare with similar patents in Europe?
A1: The scope is aligned with typical European pharmaceutical patents, often characterized by claims covering specific compositions and methods. Its comparison depends on claim language, but broadly, it aims to secure protection against infringing formulations and uses within the EU.
Q2: Can a competitor design around the patent?
A2: Yes. By developing a formulation or method that avoids the specific features claimed—such as altering the chemical structure or use—competitors can potentially circumvent ES2746374, provided they do not infringe on narrowed dependent claims.
Q3: Are there any known litigations or oppositions filed against this patent?
A3: As of now, public records do not indicate ongoing oppositions or litigations. However, patent families often face challenges, and continuous monitoring is advised for patent owners or licensees.
Q4: What is the potential for extending this patent’s protection beyond 20 years?
A4: Potential extensions could be available via Supplementary Protection Certificates (SPCs) in the EU, which can extend patent protection for up to five years, subject to regulatory approval timelines.
Q5: How does the patent landscape influence R&D investment decisions?
A5: A solid patent portfolio like ES2746374 provides freedom to operate and a competitive edge, encouraging investment in further R&D. Conversely, overlapping patents may necessitate licensing or alternative approaches.
Sources:
[1] European Patent Office. "European Patent Database."
[2] Spanish Patent and Trademark Office (OEPM). "Patent Search."
[3] Market intelligence reports and scientific publications related to drug patent landscapes.
