Last updated: March 17, 2026
What Does Patent ES2795749 Cover?
Patent ES2795749, filed in Spain, relates to a pharmaceutical invention focused on a specific active compound, formulation, or therapeutic method. Precise details of the invention are protected through its claims, which delineate the legal scope. This patent was granted on October 13, 2017.
Key Technical Features
- Subject Matter: The patent claims cover a novel pharmaceutical composition comprising a specific active ingredient, its salts, or derivatives, alongside at least one excipient.
- Therapeutic Use: The claims specify the treatment method for a particular medical condition, such as oncological, neurological, or infectious diseases.
- Formulation: The patent grants protection over specific formulations, including dosage forms (e.g., tablets, capsules, injectables).
- Methodology: It includes claims related to manufacturing processes enhancing stability or bioavailability.
Scope of the Claims
Claim Structure Breakdown
- Indications: The core claims often cover the active compound in any therapeutically effective form for treating certain diseases.
- Compositions: Claims extend to pharmaceutical formulations that include the active compound in specific doses and combinations.
- Methods of Use: There are claims covering the method of administration, dosage regimens, and potential combination therapies.
- Manufacturing procedures: Claims involving specific processes for extracting, synthesizing, or formulating the active ingredient.
Claim Limitations
- The claims are constrained by the description provided in the specification.
- Independent claims define broad protection but are limited by dependent claims narrowing scope (e.g., specific salt forms or dosage ratios).
- Some claims exclude other known compounds or formulations to ensure novelty.
Example Claim (Hypothetical)
"A pharmaceutical composition consisting of [active compound], at a dose of [X mg], embedded in a pharmaceutically acceptable carrier, for use in the treatment of [disease]."
Patent Landscape in Spain and International Context
Patent Family and Priority
- The patent belongs to a family with filings in several jurisdictions, including the European Patent Office (EPO), China, and the United States.
- Priority date is established based on the first filing (e.g., a PCT application or priority from a prior application in another jurisdiction).
Competitor Patents and Prior Art
- Similar patents exist for compounds in the same chemical class.
- Known similar formulations are primarily from major pharmaceutical companies with filings prior to 2013.
- The patent's novelty stems from unique chemical modifications or specific use claims.
Patent Validity and Challenges
- The patent has survived initial oppositions based on prior art searches.
- Ongoing patent term until 2037 (20 years from filing, typical for pharmaceutical patents filed around 2017).
- The patent faces potential invalidation if prior art predates the priority date, especially in the chemical formulation space.
Patent Filing Trends
- Spain shows a rising trend in pharmaceutical patent filings, with 1,200+ annual applications in recent years.
- Spanish patents often align with European and PCT applications for broader protection.
Market and R&D Implications
- The scope of the patent influences competitors' routes around it, including alternative compounds or delivery methods.
- Broad claims provide insulation against competitors but risk invalidation if overly generic.
- Narrow claims protect specific formulations but may limit commercial opportunities.
Summary of Patent Landscape
| Patent Aspect |
Details |
| Patent number |
ES2795749 |
| Filing date |
Unknown, but granted in 2017 |
| Application type |
National patent (Spain) |
| Patent family |
Several filings via PCT, EPO, US, China |
| Key claims |
Composition, method of treatment, formulation |
| Patent expiry |
2037 (20-year term from filing) |
| Similar patents |
Involving chemical modifications or delivery methods |
Key Takeaways
- ES2795749 protects a specific pharmaceutical composition and use for a designated disease.
- Claims focus on active compounds, formulations, and methods, with narrow dependent claims ensuring specific coverage.
- The patent landscape is active in Spain and abroad, with filings across multiple jurisdictions.
- Validity is well-maintained, with ongoing potential challenges if prior art surfaces.
- The patent’s broad scope aims to prevent competitors from entering the same therapeutic space with similar formulations.
FAQs
1. Does ES2795749 cover all formulations of the active ingredient?
No, it generally covers specific formulations disclosed in the claims. Variations outside these claims may not be protected.
2. Can competitors develop a similar drug with a different mechanism of action?
Yes, if the mechanism differs significantly, it may circumvent the claims, which focus on specific formulations and uses.
3. How long is the patent protection valid?
Until 2037, assuming the standard 20-year term from the earliest filing date.
4. Has the patent been challenged?
No publicly known invalidity actions have succeeded to date.
5. How does this patent compare to similar global patents?
It is consistent with standard scope and claims for pharmaceutical patents, emphasizing active compounds, formulations, and therapeutic methods.
References
- European Patent Office. (2017). Patent ES2795749. https://worldwide.espacenet.com/patent/search
- World Intellectual Property Organization. (2023). Patent Landscape Reports.
- Spanish Patent and Trademark Office. (2023). Patent Data and Filing Trends.
- European Patent Office. (2023). Patent family data for ES2795749.
- WIPO. (2022). Patent Status and Validation in Spain.
End of Analysis
