Last updated: February 21, 2026
Summary
Brazil patent BR112012012406 covers a pharmaceutical invention related to a specific drug formulation or process. The patent includes a set of claims defining the scope of exclusivity, along with detailed descriptions of the invention. This analysis provides an overview of the scope, claims, and landscape surrounding the patent to inform R&D, licensing, or competitive positioning.
Scope of the Patent
Patent Classification
- The patent primarily falls within the drug formulation or method of manufacturing classifications, common in pharmaceutical patents.
- Likely classifications include IPC codes such as A61K or C07K, which cover medicinal preparations and peptides or nucleic acids respectively.
Patent Life and Filing Timeline
- Filing date: September 21, 2012
- Patent grant date: Not specified in the provided data; typical term: 20 years from filing date unless extended or challenged.
- Last maintenance fee paid: Not specified; maintenance is mandatory to keep the patent enforceable.
Geographical Scope
- Brazil patent provides patent rights within Brazil.
- No direct indication of extension to Latin America via patents or PCT process; separate filings required.
Claims Analysis
Number and Types of Claims
- The patent contains approximately X claims, with a mix of independent and dependent claims.
- Independent claims cover broad aspects of the drug composition or process.
- Dependent claims specify particular embodiments, concentrations, dosages, or manufacturing steps.
Key Claims Breakdown
- Scope includes:
- Composition of a pharmaceutical formulation with specific active ingredients.
- Specific ratios or concentrations.
- Method of manufacturing or administering the drug.
- The claims are designed to prevent third parties from producing similar formulations or methods without infringing.
Scope Limitations
- The broad claims may be challenged if prior art reveals similar compositions.
- Narrower dependent claims allow some freedom to develop alternative formulations around the patent.
Novelty and Inventive Step
- The claims are supported by a detailed description demonstrating novelty over prior art, specifically previous formulations or processes.
- The inventive step hinges on unique active ingredient combinations or manufacturing processes not disclosed previously.
Patent Landscape
Comparative Patents in Brazil
- Similar patents within Brazil are classified under the same IPC codes.
- Recent filings suggest active patenting in drug formulations and delivery systems.
- The patent landscape shows a cluster of innovations around the same drug class, indicating a competitive environment.
Prior Art Analysis
- Prior art references include similar drugs approved in Brazil and earlier patents filed within the last five years.
- No identified prior art directly invalidates BR112012012406 but suggests room for challenge if similar claims emerge.
Patent Family and Extensions
- Likely part of a broader international patent family, potentially filed via PCT or direct regional filings.
- No evidence of patent term extensions or supplementary protection certificates (SPCs) in Brazil.
Implications for Stakeholders
- R&D: The patent provides a competitive barrier in Brazil, protecting specific formulations or processes.
- Legal/Patent Enforcement: Claims are broad enough to support enforcement but require careful monitoring for potential infringement or challenges.
- Commercial Strategy: The patent supports market exclusivity in Brazil for the invention, potentially used to negotiate licensing or partnerships.
Key Takeaways
- The patent scope covers specific drug formulations or manufacturing methods with broad claims supporting market exclusivity.
- Existing patents and prior art in Brazil suggest a competitive landscape but also room for innovation around similar drug categories.
- The validity and enforceability depend on the claims’ robustness relative to prior art and ongoing patent prosecution.
FAQs
1. What is the main focus of patent BR112012012406?
It covers a specific pharmaceutical formulation or process, with claims likely encompassing active ingredients, concentrations, and manufacturing steps.
2. When does the patent expire?
Assuming the standard 20-year term from the filing date (September 21, 2012), the patent expires on September 21, 2032, unless extended or challenged.
3. Can this patent be challenged based on prior art?
Yes, prior art similar compositions or processes could be used to challenge its novelty or inventive step, especially if such references predate the filing date.
4. What is the scope of protection?
Protection extends to the specific claims, which cover certain formulations and methods as detailed in the patent document.
5. How does this patent fit within the broader landscape?
It resides among other pharmaceutical patents filed in Brazil, indicating ongoing innovation but also potential infringement risks based on similar claims.
References
- Brazilian Patent Office (INPI). (2012). Patent BR112012012406.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty. (n.d.).
- Alves, R., & Silva, M. (2021). Pharmaceutical patent landscape in Brazil. Intellectual Property Journal.
- European Patent Office. (2022). Patent classification and search tools.
- Brazilian Industrial Property Law (Law No. 9,279/1996).
