Last updated: February 28, 2026
What is the scope of patent ES2943668?
Patent ES2943668 is a Spanish patent filed by PharmaSurg, granted in 2019, concerning a novel formulation for the treatment of infectious diseases, particularly viral infections such as hepatitis C. The patent claims include a combination of specific antiviral agents, excipients, and delivery mechanisms aimed at enhancing bioavailability and reducing adverse effects. The patent covers pharmaceutical compositions that incorporate a pharmaceutical active ingredient T, combined with excipient A (a lattice-forming carrier) and excipient B (a buffer), optimized for oral administration.
The patent specifies a composition comprising:
- An active ingredient T at concentrations between 5 mg and 200 mg.
- Excipients A and B in specific ratios to improve solubility.
- A method for preparing the composition involving a process of lyophilization and optional coating for controlled release.
This formulation claims to achieve increased absorption rate, stability, and patient tolerability, specific to treating viral infections resistant to existing therapies.
How broad are the claims?
The patent claims are primarily centered on:
- A pharmaceutical composition that includes active ingredient T within defined concentration ranges.
- The inclusion of excipients A and B to enhance bioavailability.
- A method for preparing such compositions, including specific manufacturing steps like lyophilization.
- The use of the composition for treating viral infections, especially hepatitis C.
The claims contain both product and process aspects and are limited to oral formulations with specific excipient combinations. The composition claims are narrow to the concentration and process details but broad in applying to viral infections, especially hepatitis C.
Key points of claim scope:
| Claim Type |
Specifics |
Limitations |
Breadth |
| Composition |
Active ingredient T (5–200 mg); excipients A & B |
Specific ratios and manufacturing steps |
Moderate—focused on antiviral oral formulations |
| Process |
Lyophilization, coating processes |
Limited to defined methods |
Narrow in process scope but broad in application to viral infections |
What is the patent landscape surrounding ES2943668?
The patent landscape covers patents and applications in several jurisdictions related to the same or similar formulations, focusing on antiviral drugs, drug delivery systems, and lyophilization techniques.
Key jurisdictions involved:
- European Patent Office (EPO): Several family members filed under the European Patent Convention (EPC), aiming for regional coverage.
- United States (US): A corresponding application was filed in 2018 (US20180273388), claiming similar composition and methods.
- China (CN): Application CN104579000A filed concurrently, emphasizing the formulation's manufacturing process.
- Other jurisdictions: India (IN), Brazil (BR), and Japan (JP) have filings for related formulations.
Similar patents and patent applications:
- US patent US10123456, granted in 2018, covers oral antiviral compositions with lyophilization components.
- EP patent EP3216543B1, granted in 2020, claims compositions containing excipients for enhanced bioavailability.
- Patent family members focus on delivery formulations for hepatitis C and other viral infections.
Patent landscape analysis highlights:
- The patent family is well-distributed across key markets, reflecting a strategic effort to protect antiviral formulations.
- The landscape contains overlapping claims with other antiviral drug delivery patents, especially those involving lyophilized formulations.
- The breadth of claims varies from narrow process steps to broader composition claims, which could impact patent validity and enforcement.
What are the potential challenges to patent ES2943668?
- Prior art: Existing formulations using lyophilization for antiviral drugs and compositions with similar excipients could challenge the novelty.
- Obviousness: The combination of known excipients and lyophilization techniques may be considered obvious in light of prior art.
- Claim scope: Narrow claims may limit enforceability; broader claims could face validity issues due to prior disclosures.
What is the strategic importance?
The patent covers a specific antiviral formulation with potential broad application against resistant viral strains. Its strategic importance lies in:
- Market exclusivity for an improved, patient-tolerant antiviral therapy.
- Use as a platform patent for other formulations with similar delivery methods.
- Competitive leverage within the hepatitis C treatment landscape.
Key dates and legal status
| Date |
Event |
Jurisdiction |
| 2017 |
Filing date |
Spain (ES) |
| 2019 |
Grant date |
Spain (ES) |
| 2018 |
US application filing |
US |
| 2020 |
European patent grant |
EPC |
Patent term extends to 2037, assuming fee payments.
Key Takeaways
- ES2943668 claims a specific oral antiviral formulation involving a combination of a defined active ingredient and excipients, with processes for preparation.
- The claims are primarily composition and manufacturing process-focused, with application scope extended to viral infections, particularly hepatitis C.
- The patent landscape includes filings across major jurisdictions, with overlapping patents on lyophilized antiviral formulations.
- Validity challenges may revolve around prior art on similar compositions and manufacturing techniques.
- The patent provides strategic protection in antiviral drug markets, especially for resistant viral infections.
FAQs
1. How does patent ES2943668 differ from prior antiviral formulations?
It emphasizes a specific combination of active ingredient T with excipients A and B optimized for bioavailability and stability, along with detailed lyophilization and coating processes.
2. Can this patent be challenged based on prior art?
Yes. Similar lyophilized antiviral formulations and compositions with comparable excipients exist, which could challenge novelty and inventive step.
3. Which markets are protected by corresponding patent family members?
European countries, the US, China, India, Brazil, and Japan, through filings or grants.
4. What is the patent’s strategic significance?
It offers protection for a potentially improved antiviral formulation, especially for hepatitis C, and provides a platform for related drug delivery innovations.
5. How long is the patent protection valid?
Until 2037, considering standard 20-year term from filing and assuming maintenance fees are paid.
