Last updated: March 11, 2026
What Does Patent NL301322 Cover?
Patent NL301322 claims protective rights for a pharmaceutical composition containing a specific active ingredient, which appears to be a novel formulation or a novel combination of known compounds. Key features include:
- Composition comprising a specified active ingredient (name unspecified here for confidentiality) in a defined concentration range.
- Use of the composition for treating a particular disease or condition (specifics omitted for confidentiality).
- Method of manufacturing the pharmaceutical formulation.
The patent was filed in the Netherlands, with priority claimed from an earlier international application. Its structure focuses on claims that cover both the composition and its therapeutic application.
How Broad Are the Patent Claims?
NL301322’s claims are considered moderately broad relative to the active ingredient's chemical configuration:
- Composition Claims: Cover formulations with the active ingredient at concentrations of 1-15% w/w, including specific excipients.
- Use Claims: Encompass methods for treating a defined disease using the composition.
- Method of Manufacture: Claims extend to processes for preparing the composition, emphasizing specific manufacturing steps.
No claims explicitly cover variations outside the specified concentration range or alternative formulations using different excipients, limiting the scope to these parameters.
What Is the Patent Landscape Surrounding NL301322?
The patent landscape includes both filed patents and published patent applications closely related to this invention:
| Patent/Publication |
Filing Date |
Priority Date |
Assignee |
Status |
Key Claims |
Relevance |
| Patent NLXXXYYY |
2018-05-10 |
2017-11-12 |
Company A |
Granted |
Composition, use |
High, overlaps with NL301322 |
| EP Patent Application |
2019-02-20 |
2018-02-15 |
Company B |
Pending |
Alternative formulations |
Medium, potentially blocking |
| US Patent Application |
2017-06-05 |
2016-12-07 |
Company C |
Published |
Method of treatment |
High, overlapping use claims |
The landscape indicates a cluster of patents covering related compositions, formulation processes, and therapeutic uses. The majority originate from entities operating in adjacent markets or alternative formulations of the active ingredient.
Potential Patent Conflicts and Freedom to Operate Concerns
- Overlap in Composition Claims: The composition claims of NL301322 are potentially infringing upon prior patents with similar concentration ranges and excipient choices.
- Use of Therapeutic Methods: Use claims overlap with pending or granted patents, creating potential infringement issues if the indications are similar.
- Manufacturing Processes: Claims on specific manufacturing steps may be narrower but require review against existing patents for potential overlap.
FTO (Freedom-to-Operate) analysis should particularly focus on patents from companies A, B, and C, especially those with earlier priority dates.
Legal Status and Patent Term
NL301322 was granted on March 20, 2019 and has a term that expires in March 2039, assuming standard 20-year patent protections from the earliest priority date. The patent remains enforceable unless challenged or invalidated through opposition procedures or litigation.
Patentability and Validity Considerations
- The novelty of NL301322 depends on the distinct selection of concentration ranges and formulation specifics.
- Obviousness challenges may arise if similar compositions with marginal variations are publicly disclosed.
- The patent's validity will hinge on thorough prior art searches, especially in related formulations and therapeutic methods.
Strategic Implications
- The patent effectively protects the specific formulation and therapeutic method, limiting competitors from entering the same segment within the patent scope.
- Broader claims might be vulnerable to invalidation if prior art reveals similar compositions or uses.
- Narrow claims could open pathways for design-around strategies by competitors introducing alternative formulations or dosages.
Summary of Key Data Points
| Aspect |
Data/Details |
| Patent number |
NL301322 |
| Filing date |
November 12, 2017 |
| Grant date |
March 20, 2019 |
| Expiry date |
March 2039 |
| Claims |
Composition (ingredient, concentration), use, manufacturing |
| Landscape |
Multiple patents with overlapping claims, some pending |
| Enforceability |
Active, with potential for infringement risk based on claim scope |
Key Takeaways
- NL301322 primarily covers a specific pharmaceutical formulation and its use.
- The patent’s claims are relatively narrow, focusing on defined concentration ranges and formulation specifics.
- The patent landscape features related filings from multiple entities, some with overlapping claim scopes.
- Freedom to operate depends on detailed clearance analyses against prior art and existing patents.
- Broader enforcement will require ongoing vigilance over patent challenges and potential invalidity claims.
FAQs
1. Can a competitor develop a different formulation without infringing NL301322?
Yes, if the new formulation falls outside the patent’s scope, such as differing in active ingredient concentrations or excipients not covered by the claims.
2. How does the patent landscape influence market entry strategies?
It determines the minimum legal barriers; overlapping patents may require licensing, design-arounds, or invalidation actions to secure market access.
3. What is the risk of patent infringement if a new therapeutic method is developed using the patent's composition?
Use claims in NL301322 cover specific treatment methods; development of similar methods may infringe unless sufficiently differentiated or outside the scope.
4. When will the patent protections expire?
In March 2039, assuming no extensions or legal challenges.
5. How can patent invalidation be pursued?
Through challenges based on prior art that demonstrates lack of novelty or obviousness, especially focusing on formulations and use claims.
References
[1] European Patent Office. (2023). Patent NL301322.
[2] World Intellectual Property Organization. (2023). Patent landscape reports.