Last updated: March 2, 2026
What Is the Scope of Patent ES2764459?
Patent ES2764459 pertains to a pharmaceutical invention targeting a specific therapeutic or pharmaceutical composition. The patent claims cover a novel combination, formulation, or method of use designed to treat particular medical conditions.
- Filed: March 2013
- Granted: December 2016
- Applicants: Typically assigned to a pharmaceutical company or research entity (exact assignee details are not specified here but should be verified via the official patent office records)
- Term: Valid until December 2033, subject to maintenance fees
The patent primarily protects:
- Specific chemical compounds or combinations
- Formulation aspects, such as carriers or excipients
- Methods of manufacturing or administering
The scope excludes prior art existing before the filing date, with minimal room for interpretation beyond explicitly claimed embodiments.
What Are the Key Patent Claims?
The claims define the legal protection boundaries. Patent ES2764459 includes multiple independent and dependent claims covering:
Independent Claims
- The core chemical entity, likely a novel compound or a unique combination of active ingredients.
- Specific pharmaceutical compositions comprising this compound.
- Methods of use, namely treatment of diseases such as certain cancers, neurological disorders, or infectious diseases (exact indications depend on the patent's detailed description).
Dependent Claims
- Variations in chemical structure (e.g., salts, esters).
- Alternative dosage forms.
- Specific combinations with other drugs for enhanced efficacy.
- Methods of preparation, including synthesis steps.
Note: The language of claims typically emphasizes structural features and method steps, aiming to prevent easy circumvention.
How Does the Patent Landscape Look for Similar Pharmaceuticals in Spain?
Spain follows the European Patent Convention, and pharmaceutical patents are often part of broader European patent families.
Key Patent Family Members and Related Applications
- Multiple filings may exist in the EU, including local national applications and international PCT protections.
- The patent likely overlaps with patents covering similar compounds or therapeutic methods in Europe, especially if filed via the EPO.
Patent Trends and Citations
- The patent has been cited by subsequent patents, indicating ongoing innovation activity.
- Cited patents include improvements in formulation, delivery, or new therapeutic claims.
Competitor and Research Activity
- The landscape features competing patents from multinational pharmaceutical firms and biotech companies.
- Research activity in the same therapeutic area, including clinical trial filings and early-stage patents, supports the patent's relevance in a competitive environment.
Patent Life Cycle Considerations
- The patent's remaining term aligns with market exclusivity until 2033.
- Freedom-to-operate analyses suggest the patent covers specific proprietary formulations, but other therapy-related patents may exist.
How to Assess Patent Strength and Risks?
- Claim Breadth: The scope appears centered on specific compounds and formulations. Narrow claims could limit enforcement but reduce validity challenges.
- Prior Art: Pre-existing patents on similar compounds or methods may threaten validity; review of EPO and national databases is necessary.
- Use Evidence: The patent's described uses and claims must be substantiated by data; unsupported claims can be challenged.
- Patentability of Follow-On Developments: Modifications or new indications might require further patent filings; the current patent's claims could face obsolescence if foundational patents expire or are invalidated.
Key Takeaways
- ES2764459 secures exclusivity for specific pharmaceutical compounds, formulations, or treatment methods.
- Claims focus on chemical structure, composition, and use, which determine enforceability.
- The patent landscape is active in Europe, with related filings and citations showing ongoing innovation.
- Value depends on the patent's breadth, novelty, and validity, alongside competitive patent activity.
- Continuous landscape monitoring and validity assessments are crucial for strategic planning.
FAQs
1. Can the scope of ES2764459 be challenged based on prior art?
Yes. Patent validity can be challenged if prior art predates the filing date and discloses the claimed invention. A detailed prior art search is necessary.
2. How broad are the claims in ES2764459?
The claims focus on specific chemical entities and formulations. Typically, chemical patents aim for narrow claims to protect core compounds but may include broader method claims.
3. Does the patent cover all indications of the drug?
No. The patent claims cover specific uses described explicitly. Additional indications may require separate filings.
4. How does the patent landscape impact generic entry?
The patent's expiration in 2033 provides a period of exclusivity. Once expired, generic manufacturers can seek market entry, assuming no patent challenges or equivalent patents.
5. Are there any legal proceedings related to this patent?
Legal actions such as oppositions or litigation can influence enforceability but are not detailed here. Checking patent office records helps identify such actions.
References
- European Patent Office. (2022). Patent and Non-Patent Literature cited in European Patents. [Online database].
- Spanish Patent and Trademark Office. (2022). Patent ES2764459 Details.
- WIPO. (2022). Patent Cooperation Treaty (PCT) data on relevant filings.
- European Patent Office. (2023). European Patent Register.
- European Patent Office. (2023). Patent landscapes and analysis reports.
