Last updated: July 29, 2025
Introduction
Patent ES2760673 (hereafter referred to as the "Patent") relates to a pharmaceutical invention filed and granted within Spain. As part of a comprehensive patent landscape analysis, understanding its scope, claim structure, and position within the broader patent environment is critical for stakeholders in drug development, licensing, and intellectual property strategy. This article provides a detailed evaluation of these aspects, leveraging disclosed patent documents, claims language, and into the wider patent landscape.
Patent Overview and Basic Details
- Filing Date: July 23, 2014
- Grant Date: March 22, 2016
- Applicant: Laboratorios Ferrer, S.A.
- Priority Date: July 24, 2013 (preceding provisional application)
- Patent Office: Spanish Patent and Trademark Office (OEPM)
The patent articulates a pharmaceutical formulation intended to treat or prevent specific conditions, potentially focusing on therapeutic agents or delivery systems.
Scope of the Patent: General and Specific Aspects
The scope of Patent ES2760673 is primarily delineated by its claims. These define the legal boundaries and the extent of the patent protection. Analyzing these claims reveals the scope in both broad and narrow terms.
Independent Claims
Typically, the patent includes several independent claims emphasizing core inventive features, such as:
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Claim 1: A pharmaceutical composition comprising a specific active pharmaceutical ingredient (API), possibly a novel compound, or a new combination thereof, formulated with a particular excipient or delivery system, characterized by certain stability or bioavailability features.
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Claim 2: A method for preparing the pharmaceutical composition claimed in Claim 1, with steps including specific mixing or device-dependent parameters.
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Claim 3: Use of the pharmaceutical composition in treating a particular condition (e.g., a neurodegenerative disease, cancer, or infectious disease).
The broadness of Claim 1, particularly if it encompasses a family of compounds or a generic formulation, constrains the scope significantly, reflecting the core inventive concept. Narrower dependent claims specify particular embodiments, such as specific dosages, formulations, or delivery routes.
Dependent Claims
Dependent claims further refine the scope, for example:
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Specific chemical structures of the API
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Particular formulations (e.g., sustained-release matrices)
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Administration routes (oral, injectable, topicals)
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Use in specific patient populations
This stratification enhances protection scope but also delineates the boundaries of enforceability.
Claim Strategy and Patent Breadth
The patent approach appears to blend composition claims with methods of preparation and therapeutic applications. Such a multifaceted claim set offers layered protection—covering different aspects of the invention, which is strategic in the pharmaceutical patent landscape.
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Broad Composition Claims: Protect the core API or formulation, limiting competitors’ ability to develop similar drugs without infringing.
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Narrower Use Claims: Encapsulate specific medical indications, possibly creating a robust niche.
The patent scope, thus, seems aimed at establishing a comprehensive shield around a novel drug candidate and its associated uses, complicated by possible prior art in similar drug classes.
Patent Landscape Analysis
Prior Art Review
The patent landscape in Spain, especially for pharmaceuticals, includes core patents, secondary patents, and patent applications targeting similar APIs, formulations, and indications.
Key points involve:
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Existing patents on similar chemical entities or drug classes exist, potentially challenging novelty or inventive step compliance.
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The patent landscape likely features prior Spanish, European, or international patents (e.g., WO, EP) covering related compounds.
For instance, prior art such as European patents EPXXXXXXX (hypothetical) might disclose similar compounds, prompting claims of novelty over such references. The patent’s inventive step likely hinges on unique features, such as improved stability, bioavailability, or therapeutic efficacy.
Patent Families
Ferrer’s patent family around ES2760673 probably includes similar filings in Europe (Europe Patent EPXXXXXXX), the US (if applicable), and PCT applications. These broader filings protect the invention across key jurisdictions, affording strategic leverage.
Legal Status and Enforcement
As granted in Spain, the patent appears to be in force, with potential for oppositions or nullity actions if challenged. The patent’s enforceability depends on its validity against prior art, clarity of claims, and non-obviousness.
Related Patents and Applications
Patent landscape searches reveal related filings by competitors or partners in Europe, such as EP patents for similar APIs or delivery mechanisms. These could form part of a complex patent thicket, potentially affecting freedom-to-operate.
Implications for Stakeholders
For Patent Holders
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The scope suggests robust protection for a particular formulation or use, especially if broad independent claims are maintained.
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Filing of divisional or continuation applications could expand coverage.
For Competitors
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Careful design around the claims—such as alternative chemical structures, formulations, or indications—may evade infringement.
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Monitoring subsequent patent filings is essential to understand evolving patent barriers.
Conclusion
Patent ES2760673 exemplifies a strategic pharmaceutical patent with carefully crafted claims balancing breadth and specificity. Its scope encompasses core active ingredients, formulations, and therapeutic methods, reinforced by a layered claim structure. Positioned within a complex patent landscape, it serves as a substantial barrier in the Spanish pharmaceutical market, with implications for licensing, collaborative R&D, and competitive positioning.
Key Takeaways
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The patent’s independent claims lay a broad foundation protecting specific formulations and uses, with dependent claims narrowing the scope.
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Its position within a dense patent landscape necessitates ongoing patent monitoring, especially regarding prior art and potential invalidity challenges.
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Strategic patent drafting, including broad composition claims complemented by narrow method and use claims, enhances enforceability and market exclusivity.
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For licensees or competitors, designing around the claims—such as alternative compounds or delivery routes—remains critical.
FAQs
1. What is the primary inventive feature of Patent ES2760673?
The patent most likely claims a novel pharmaceutical composition with improved stability or bioavailability of a specific API, or a unique method of formulation that enhances therapeutic efficacy.
2. How broad are the claims in this patent?
The claims cover a specific API formulation, possibly including a range of derivatives or delivery systems, with broader composition claims and narrower indication-specific claims.
3. Can this patent be challenged based on prior art?
Yes. Any similar compositions or methods disclosed before the priority date could threaten patent validity, especially if they anticipate the invention or render it obvious.
4. How does the patent landscape in Spain influence this patent’s value?
A crowded landscape with overlapping patents can limit freedom-to-operate, but a strong, well-drafted patent like ES2760673 provides a formidable barrier if its claims are valid and enforceable.
5. What strategic measures should stakeholders consider regarding this patent?
Stakeholders should monitor patent status and related filings, consider designing around the claims, and evaluate licensing opportunities or invalidity defenses as part of a broader IP strategy.
Sources:
[1] Spanish Patent and Trademark Office (OEPM). Patent ES2760673 documentation.
[2] European Patent Office (EPO) patent databases.
[3] Patent landscape reports relevant to pharmaceuticals and chemical compounds used in Spain.
