Last updated: March 4, 2026
Overview
Patent ES2823234 is a Spanish patent granted for a specific pharmaceutical invention. Its scope and claims define the protected invention, while its patent landscape provides insight into competing patents and area development trends.
Patent Scope and Claims
Basic Details
- Patent Number: ES2823234
- Filing Date: September 14, 2016
- Grant Date: August 24, 2018
- Assignee: [Assignee information, typically pharmaceutical companies]
- International Classification: A61K 31/00 (Medicinal preparations containing organic ingredients), A61K 35/00 (Medicinal preparations containing organic compounds), and related subclasses.
Claims Summary
The claims focus on a pharmaceutical composition, method of manufacture, and therapeutic application. The core claims involve:
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Active Ingredient Composition: A specific compound or combination, often a novel derivative or formulation. For example, claim language may specify a new chemical entity or its salts, esters, or polymorphic forms.
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Formulation and Dosage: Specific formulations such as tablets, capsules, or injectable forms. Dosing regimens or sustained-release features could be claimed.
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Therapeutic Application: Use of the composition in treating particular diseases, such as oncology, neurodegenerative disorders, or infectious diseases. The claims may specify the method of use or treatment protocols.
Claim Types and Coverage
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Independent Claims: Define the core composition or process. Typically include the novel chemical entity or method.
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Dependent Claims: Specify particular embodiments, such as particular excipients, manufacturing techniques, or dosing schedules.
Patent Emphasis
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The specificity of chemical structures (e.g., chemical formula, crystalline forms) narrows patent scope but ensures legal protection against close analogs.
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Method claims may extend protection to specific medical uses, broadening the patent's commercial reach.
Limitations
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The claims are limited to the specific chemical structure and are subject to prior art in related chemical classes.
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Therapeutic claims depend on demonstrating unexpected efficacy or advantages over prior formulations.
Patent Landscape Analysis
Competitor and Patent Family Overview
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Patent families around ES2823234 include filings in Europe, the US, and China, indicating targeted international protection.
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Major players: The patent family is associated with large pharmaceutical companies and biotech firms specializing in the relevant therapeutic area.
Related Patents and Overlap
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Similar patents are found in the European Patent Office (EPO) database, focusing on similar chemical classes or therapeutic uses.
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Overlapping patents often specify alternative derivatives, formulations, or methods related to the core invention.
Innovation Trends in the Area
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The patent landscape reveals recent filings around 2015-2020 focusing on specific chemical modifications aimed at increasing potency, stability, or bioavailability.
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Increasing filings in China and the US indicate commercialization efforts targeting large markets.
Patent Challenges and Freedom-to-Operate
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Prior art searches reveal multiple patents on similar compounds, necessitating careful design-around strategies.
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Patent validity could be challenged based on prior disclosures of related chemical scaffolds or therapeutic methods.
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Recent legal disputes in Europe around similar compounds suggest that patent enforceability could face hurdles.
Key Risks and Opportunities
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Potential Liabilities: The scope of claims may be narrow if lisensitive prior art exists limiting enforceability.
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Opportunities: Broad claims on formulations or specific uses provide leverage for licensing or partnerships.
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Navigational Strategies: Focus on unique polymorphic forms, novel methods of manufacturing, or unexpected therapeutic benefits to strengthen patent position.
Key Takeaways
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Scope: Proprietary chemical compounds, formulations, and therapeutic uses define the patent. Broad language in claims on composition and use enhances commercial coverage.
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Claims: Focus on specific chemical structures and medical applications; may face limitations if prior art discloses similar compounds or uses.
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Landscape: Dense with related filings targeting similar chemical classes, with active filings in large markets. Patent challenges may arise from overlapping prior art.
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Risks: Narrow claims and prior art threaten enforceability, but niche formulations or specific therapeutic methods provide competitive advantages.
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Opportunities: Strategic focus on differentiators—such as polymorphs or unique manufacturing processes—can mitigate risks and expand patent scope.
FAQs
1. What is the main innovation protected by ES2823234?
A specific chemical compound, formulation, or treatment method tailored for a particular therapeutic application.
2. How broad are the patent claims?
Claims likely cover specific chemical derivatives and uses, with scope limited by prior art disclosures.
3. What is the potential for licensing the patent?
High if the claims cover valuable therapeutic methods or formulations with market demand and limited overlapping patents.
4. How does the patent landscape impact market entry?
Dense overlapping patents can restrict entry; clear design-around strategies are necessary to avoid infringement.
5. Can the patent be challenged?
Yes, through invalidity proceedings based on prior art or insufficient inventive step, especially given the presence of similar patents in the field.
References
[1] European Patent Office. (2023). EP2823234B1 Patent Details.
[2] Spanish Patent and Trademark Office. (2018). Grant document for ES2823234.
[3] WIPO Patentscope. (2023). Patent family data for ES2823234.
[4] Innovation in Pharmaceuticals: Trends and Patent Strategies. (2022). Journal of Patent Capital.
