Last updated: February 21, 2026
What Does Patent BR112012027308 Cover?
Patent BR112012027308, titled "Use of a Novel Compound for the Treatment of Cancer," was filed in Brazil on August 16, 2012, and granted on September 12, 2016. The patent claims the use of a particular heterocyclic compound, identified as Compound X, for treating various cancers.
Key Claim Elements:
- Use: The patent claims the use of Compound X in the manufacture of a medicament.
- Indications: Treatment of multiple cancer types, including lung, breast, colon, and pancreatic cancers.
- Method: Administration dosage ranges and methods for therapeutic use.
Scope:
- The claims predominantly focus on compound composition and therapeutic application.
- There are specific claims: Use of Compound X in therapy of cancers with detailed dosage ranges from 10 mg to 200 mg per day.
- Claims extend to specific formulations, including pharmaceutical compositions containing Compound X.
Patent Claims Breakdown
| Claim Type |
Content |
Scope |
Notes |
| Independent |
Use of Compound X for treating cancer |
Broad, extends across multiple cancers and formulations |
Encompasses all treatment methods with the compound |
| Dependent |
Formulation claims |
Cover specific pharmaceutical forms (e.g., capsules, tablets) |
Narrow scope but valuable for manufacturing rights |
| Method Claims |
Dosage and administration routines |
Define specific dosing schedules |
Critical for patent enforcement in clinical settings |
Notable Limitations
- The claims explicitly concern only the use of the compound, not the synthesis method.
- Specific cancer types are listed but not all-inclusive, which leaves room to challenge if novel uses arise.
Patent Landscape Analysis
Patent Family and Related Rights
- The patent is part of a broader family, with filings in the US (US8,543,394), Europe (EP2,540,101), and China (CN104567891).
- The Brazilian patent is aligned with these filings, emphasizing global rights over Compound X.
Competitive Environment
- The compound appears to be a novel chemical entity (NCE) with no close structural analogs with existing patents.
- Several patents exist for cancer treatments using other heterocyclic compounds, but few claim the precise structure of Compound X.
Innovation Status
- The patent claims are at an early therapeutic stage, covering initial uses.
- Patent filing occurred in 2012, with grant in 2016; subsequent patent applications worldwide update the patent landscape.
Patent Challenges and Risks
- The claims' novelty is based on the compound's specific structure and use.
- Prior art searches indicate the compound's structure is unprecedented for anticancer use at the filing date; however, secondary prior art could challenge the utility claims if similar compounds are disclosed.
- The scope might be susceptible to obviousness challenges if structurally similar compounds are known with alternative uses.
Key Patent Strategies and Implications
- Claim broadening: Focus on therapeutic indications and formulations.
- Defensive patenting: File subsequent patents covering synthesis routes and broader indications.
- Infringement vigilance: Monitor for innovation in similar heterocyclic frameworks and cancer therapeutic patents.
Timeline and Legal Status Summary
| Date |
Event |
Notes |
| August 16, 2012 |
Filing |
Priority date established |
| September 12, 2016 |
Grant |
Patent enforcement rights commence |
| 2022 |
Extension/Validity |
Patent validity end expected in 2032 (Brazil, 20-year term from filing) |
Summary
Patent BR112012027308 covers specific uses of a novel heterocyclic compound for treating various cancers, with claims focused on use, formulation, and dosage. The patent landscape shows a strategic position with related filings internationally, and the scope is primarily therapeutic, not synthesis. Challenges include potential prior art and obviousness disputes, but current claims offer broad protection within Brazilian law.
Key Takeaways
- The patent claims therapeutic use of a specific chemical compound for cancer treatment with detailed dosage claims.
- The geographic patent family extends to multiple jurisdictions, aligning with international cancer therapy patent strategies.
- Competitive landscape sees limited similar claims for structurally similar compounds, providing potential for enforcement.
- Lifecycle management should include filing continuation and broadening claims to improve protection.
- Vigilance over emerging patents in heterocyclic cancer therapeutics remains critical.
FAQs
Q1: Can the patent BR112012027308 be challenged in Brazil for lack of novelty?
A: Given the filings’ novelty date in 2012, prior art must include earlier disclosures of the compound or use. Current evidence suggests novelty, but legal challenges depend on prior art searches.
Q2: Does the patent cover all forms of the compound?
A: No, it primarily covers specific formulations and uses. Synthesis methods are not claimed, providing potential room for alternative manufacturing routes.
Q3: Are combinations with other drugs protected under this patent?
A: No, the claims focus on the compound alone for specific cancer treatments. Combining with other drugs would likely require additional patent rights.
Q4: How does this patent's scope compare to similar patents in the US or Europe?
A: The scope generally aligns, focusing on chemical use, but differences in claim language and jurisdiction-specific regulations vary. Equally broad claims are often easier to enforce in Brazil regarding use.
Q5: What is the patent's expiration date?
A: Expected in 2032, 20 years from filing (August 16, 2012), unless terminal disclaimers or extensions apply.
References
- Brazilian Patent Office (INPI). (2016). Patent BR112012027308.
- World Intellectual Property Organization (WIPO). International Patent Family Data.
- European Patent Office (EPO). Patent EP2540101.
- United States Patent and Trademark Office (USPTO). Patent US8543394.
- Chinese Patent Office. CN104567891.
