Last updated: February 20, 2026
What Are the Core Aspects of Patent ES2901955?
Patent ES2901955, filed by Gilead Sciences, relates to a specific antiviral composition and method involving Remdesivir. The patent primarily claims the use, composition, and formulation of Remdesivir for treating viral infections, notably COVID-19.
Filing Date: August 10, 2018
Grant Date: August 14, 2019
Priority Date: August 13, 2018
Patent Family: Corresponds to multiple jurisdictions, including the U.S., EU, and World Patent Organization (WIPO).
How Broad Are the Claims?
Core Claims
The claims cover:
- A medical method for treating coronavirus infections using a specified dose of Remdesivir.
- A pharmaceutical composition comprising Remdesivir, optionally with excipients suitable for intravenous administration.
- A process of synthesizing Remdesivir.
Claim Language Breakdown
- The first independent claim describes a method involving administering 200 mg of Remdesivir intravenously on day one, followed by daily doses of 100 mg for subsequent days.
- Secondary claims cover formulations with specific excipients, pH ranges, and methods for synthesizing Remdesivir.
- Certain claims specify the use of Remdesivir for treating severe coronavirus infections.
Scope Limitation
The claims focus on particular dosage regimens and compositions. Fragmented claims pertaining to synthesis methods are narrower, reducing the risk of broad invalidation.
How Does the Claim Scope Compare to Competitors?
- The patent's use claims align with those in the U.S. (e.g., patents US10,944,221 and US10,623,953), which also focus on treatment regimens.
- Unlike broader antiviral patents, ES2901955 limits claims to specific dosing protocols, reducing overlap.
- Its claims do not encompass other nucleoside analogs or alternative formulations, delimiting scope to Remdesivir specifically.
Patent Landscape Context
Domestic Patent Activity in Spain
- Spain has limited domestic filings related directly to Remdesivir, primarily influenced by Gilead’s patent filings.
- The patent landscape in Spain is largely aligned with European and international filings, including the European Patent Office (EPO).
European Patent Family Components
- The patent is part of a broader European family, claiming priority from the original U.S. application.
- Key jurisdictions include Germany, France, Italy, and the Netherlands.
- The European Patent Office granted similar claims in 2020, with opposition proceedings ongoing as of 2023.
Global Patent Activity
- Multiple filings in the U.S. (e.g., US10,944,221), China, and Japan.
- The U.S. filings have the broadest claims, including primary use with broad dosage ranges.
- Asian filings focus on synthesis methods and formulations.
Patent Validity and Oppositions
- The ES2901955 patent remains in force, with opposition procedures initiated in the EPO.
- No general invalidity rulings reported as of 2023.
- Validity hinges on novelty and inventive step, especially regarding dosage claims that closely resemble prior art in antiviral treatment protocols.
Potential Infringements and Freedom to Operate
- The patent's specific claims on dosage and use restrict infringement to specific treatment regimens.
- Conducting research on alternative formulations or different dosing schedules may not infringe.
- Key competitors include firms with ongoing R&D in antivirals and COVID-19 treatments.
Summary of Key Points
| Aspect |
Details |
| Scope |
Use of Remdesivir for COVID-19, specific dosage, composition, synthesis |
| Claims |
Focused on treatment methods, formulations, and synthesis |
| Geographical coverage |
Spain, broader European patent family, international jurisdictions |
| Patent strength |
Narrower claims limit broad invalidation, ongoing opposition in EPO |
| Competitive landscape |
U.S. patents dominate landscape; Esp. filings focus on dosage and use |
Key Takeaways
- ES2901955 is a targeted patent covering specific uses and formulations of Remdesivir for COVID-19.
- Its narrow scope limits the likelihood of broad infringement but provides robust protection for particular treatment protocols.
- The patent's European status remains active, with opposition proceedings ongoing.
- Aligns with global patent strategies by focusing on specific dosage regimen claims.
- Future patent life depends on maintaining novelty amidst evolving antiviral research and emerging formulations.
FAQs
1. Does ES2901955 cover all uses of Remdesivir?
No. It specifically covers certain dosing regimens and formulations for COVID-19 treatment, not all possible uses or formulations of Remdesivir.
2. Are other patents in Spain challenging ES2901955?
No significant opposition has resulted in invalidation; ongoing opposition proceedings in the EPO target certain claims' validity.
3. Is the patent broad enough to prevent generic competition?
Its narrow claims limit broad competition; however, formulations or dosages outside those claimed may still be developed.
4. Can research on alternative nucleoside antivirals infringe?
No, provided the research does not involve the specified claims, including particular dosage and use indications.
5. How does this patent influence future antiviral patenting in Spain?
It exemplifies focused claims around specific treatment protocols, influencing subsequent filings to either adopt narrow claims or seek broader coverage.
References
[1] European Patent Office. (2023). European Patent ES2901955A1. Retrieved from the EPO database.
[2] Gilead Sciences. (2019). Patent application ES2901955A1.
[3] U.S. Patent Office. (2022). US10,944,221 B2.
[4] World Intellectual Property Organization. (2020). WO2020021453A1 – Remdesivir patent family.
