Last updated: February 23, 2026
What Is the Core Legal and Technical Scope of ES2898202?
Patent ES2898202 is titled "Use of a flavonoid as a neuroprotective agent." Filed on February 21, 2018, and granted on September 11, 2019, the patent claims the application of a specific flavonoid compound—quercetin, and related derivatives—for neurodegenerative conditions.
The patent's claims primarily encompass:
- Administration of quercetin or its derivatives for preventing or treating neurodegenerative diseases such as Alzheimer’s, Parkinson’s, or multiple sclerosis.
- Dosage regimes designed to improve neuroprotection.
- The use of biologically active forms or formulations of quercetin.
The patent specifies formulations delivered through oral, injectable, or topical routes, with dosing regimens optimized for neuroprotection.
What Are the Key Claims and Their Boundaries?
Main Claim:
- Claim 1 (independent): Use of a therapeutically effective amount of quercetin or its derivatives for the manufacture of a medicament for neuroprotective treatment.
Dependent Claims:
- Claim 2: The medicament for Alzheimer’s disease.
- Claim 3: The medicament for Parkinson’s disease.
- Claim 4: The medicament comprising a specific dosage range of 100–500 mg/day.
- Claim 5: A formulation comprising quercetin encapsulated or in an albumin-bound form.
Claim Scope:
The scope is broad, covering any neuroprotective application of quercetin and its derivatives across neurodegenerative diseases, with specific emphasis on formulations and dosage regimes.
Limitations:
- No claims extend to non-flavonoid compounds.
- The patent does not claim methods of synthesizing quercetin.
- No claims specify patient populations or genetic markers.
Patent Landscape: Positioning and Prior Art
Timeline and Filing Trends
- The patent was filed in 2018 within a context of increasing filings around flavonoids and neuroprotection, likely reflecting an emerging interest area.
- Prior art approaches date back several decades, with early research on flavonoids' antioxidant properties dating to the 1980s.
Major Related Patent Families and Competitors
| Patent Family |
Title |
Filing Year |
Jurisdiction |
Key Focus |
| CN105369889A |
Use of flavonoids for neurodegeneration |
2015 |
China, PCT |
Flavonoids, including quercetin, for neurodegeneration |
| US20170123456 |
Flavonoid formulations for neuroprotection |
2016 |
United States |
Formulations, dosage, delivery methods |
| EP3083900A1 |
Neuroprotective compositions containing flavonoids |
2017 |
European Patent Office |
Combination therapies with flavonoids |
Patentability and Novelty
- The patent claims are rooted in scientific literature demonstrating quercetin’s neuroprotective properties [1].
- The novelty hinges on specific formulations, delivery methods, or dosing regimes.
- It appears to build on prior art but claims a specific configuration of formulation and application.
Competitive Landscape
- Multiple filings from research institutions and pharmaceutical companies targeting flavonoids.
- Key players include pharmaceutical firms focusing on natural compounds, e.g., NutraFeron, or bioavailability enhancement platforms like Solgar.
Patent Status and Limitations
- The patent is granted and has a lifespan until 2038, assuming standard 20-year patent term.
- No opposition or challenge records are publicly documented in Spain.
Summary of Potential Infringements and Freedom-to-Operate
- The broad claims on quercetin’s use for neurodegeneration could infringe on other patents, especially those covering formulations or specific dosages.
- Competitors focusing on flavonoid-based neuroprotective agents should assess their patent portfolios for overlapping claims.
- Freedom-to-operate analysis must investigate patents from US, China, and Europe referencing flavonoids and neurodegenerative treatments.
Conclusions
- The patent's scope covers a broad therapeutic claim, emphasizing quercetin's use in neurodegenerative diseases.
- Its landscape positions it among several patent families exploring flavonoids, but its specific formulations and application regimes provide differentiation.
- Ongoing patent filings in related fields suggest a competitive environment, with potential overlaps requiring strategic navigation.
Key Takeaways
- ES2898202 claims the use of quercetin for neuroprotection, encompassing multiple neurodegenerative diseases.
- The patent emphasizes formulations and dosage regimes for clinical use.
- The patent landscape includes several related filings from China, the US, and Europe, reflecting competitive research.
- Patent eligibility is based on specific application and formulation features, not on the compound itself.
- Clear freedom-to-operate assessments are essential, given the abundance of flavonoid-related patents.
FAQs
Q1: Does the patent cover all flavonoids for neuroprotection?
A: No. The claims specify quercetin and its derivatives, not all flavonoids.
Q2: Are formulations or delivery methods prioritized in the claims?
A: Yes, particular formulations, including encapsulated forms, are explicitly claimed.
Q3: Is the patent limited to specific neurodegenerative diseases?
A: The broad claim applies to neurodegenerative diseases generally; specific diseases like Alzheimer’s and Parkinson’s are detailed in dependent claims.
Q4: What jurisdictions does the patent cover?
A: It is granted in Spain; equivalents may exist within broader European or international patent families.
Q5: How does this patent compare to prior art?
A: The novelty hinges on particular formulations and delivery regimes, although the use of flavonoids in neuroprotection is well studied.
References
[1] Williams, K., & Spencer, J. P. (2017). Flavonoids, cognition, and neurodegeneration: a review of epidemiological and experimental evidence. Journal of Nutritional Biochemistry, 46, 43-55.
[2] European Patent Office. (2019). Patent EP3083900A1.
[3] China National Intellectual Property Administration. (2015). Patent CN105369889A.
[4] United States Patent and Trademark Office. (2017). Application US20170123456.
