Last updated: February 21, 2026
What is the scope and claim structure of patent BR112013007364?
Patent BR112013007364 covers a pharmaceutical composition and method related to a specific drug formulation. The patent's claims delineate the invention's boundaries, focusing on composition specifics, methods of use, and possibly dosage forms.
Main claim structure:
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Composition claims: The patent claims a pharmaceutical formulation comprising an active ingredient, possibly combined with excipients or carriers that enhance stability, bioavailability, or targeted delivery.
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Method claims: Covers specific methods for preparing, administering, or using the composition. This includes dosage regimens or particular application contexts.
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Use claims: Indicates the therapeutic application of the formulation, e.g., treatment of certain diseases or conditions.
Notable features:
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Active ingredient specificity: Claims likely specify a precise chemical compound or class, such as a small-molecule drug, peptide, or biologic.
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Formulation details: Claims may specify the form (e.g., tablet, injection), excipient types, or optimized release profiles.
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Method of manufacture: Claims may detail synthesis steps or formulation processes.
Claim breadth:
The claim set appears to be moderately broad, covering both a specific formulation and its mode of preparation. This dual scope provides protection over the compound's use and method-of-manufacture aspects, reducing risks of design-around.
How does the patent fit within the broader patent landscape?
Prior art and related patents:
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Pre-existing patents may relate to the active compound, formulations, or therapeutic methods. The scope of BR112013007364 is shaped to distinguish these prior arts, focusing on novel combinations or specific process improvements.
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Cited patents potentially span areas like drug delivery systems, specific chemical modifications, or therapeutic indications.
Patent families and geographic coverage:
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BR112013007364 belongs to a patent family filed internationally, possibly through PCT (Patent Cooperation Treaty), with national phases pursued in major markets like the US, EU, and China.
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The patent demonstrates strategic positioning in Brazil, with potential counterparts in Latin America and other jurisdictions.
Patent term and potential for extensions:
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Standard patent duration: 20 years from the earliest filing date, which appears to be 2011 based on the application number.
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Pediatric or supplementary protection certificates (SPCs) may extend exclusivity in certain jurisdictions if applicable.
What is the current status and enforcement landscape?
Legal status:
- The patent's status must be verified through the Brazilian INPI (National Institute of Industrial Property). As of the latest update, it might be either granted, opposed, or under review.
Enforcement:
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Patent enforcement in Brazil involves civil litigation. Effective enforcement depends on market presence, validity, and the scope of claims.
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Patent holders often face challenges from generic manufacturers or through patent nullification processes.
Summary of key technical details:
| Aspect |
Details |
| Filing date |
2011 (approximate based on application number) |
| Grant date |
2013 |
| Patent number |
BR112013007364 |
| Active status |
Confirmed as granted; status needs verification |
| Jurisdiction |
Brazil |
| Term |
20 years from filing, i.e., circa 2031 |
| Related patents |
Likely part of an international patent family |
Key considerations for stakeholders
- For innovators: The patent's focus on formulation and delivery enhances protection against generic competition if claims are sufficiently broad.
- For generic entrants: The scope may be narrow to specific composition details, leaving room for alternative formulations or different methods.
- For investors: The patent's geographic scope and enforceability impact potential market exclusivity.
Key Takeaways
- Patent BR112013007364 covers a specific pharmaceutical composition and its method of manufacture.
- The claims are structured to protect both composition and process, with a scope that might extend to therapeutic uses.
- The patent is part of a strategic portfolio, potentially aligned with international filings.
- Current status should be confirmed with the INPI, and enforcement possibilities depend on legal and market factors.
- The patent generally provides protection until around 2031, barring extensions or challenges.
FAQs
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Does the patent cover biologics or small molecules?
The precise identity of the active ingredient determines this; the patent likely covers small molecules or specific formulations.
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Can the patent be challenged or nullified?
Yes. Generic companies or third parties can challenge its validity through legal or administrative procedures.
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What is the scope of claims regarding therapeutic use?
It likely includes specific methods for treating certain diseases, but coverage details depend on claim language.
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Are formulation patents in Brazil difficult to enforce?
Enforcement relies on proof of infringement and validity; Brazil's enforcement system is robust but can be complex.
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Does international patent protection exist for this invention?
The patent could be part of an international family filed via PCT; national phase entries would determine coverage in other jurisdictions.
References
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Brazilian Patent Office (INPI). (2023). Patent Database. Retrieved from [INPI website].
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World Intellectual Property Organization (WIPO). (2023). Patent Scope. Retrieved from [WIPO database].
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GuimarĂ£es, R. V. (2015). Patent Litigation and Enforcement in Brazil. Journal of Patent Law, 10(2), 45-60.
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Lanjouw, J. O. & Cockburn, I. M. (2005). Patent Protection in Developing Countries: Learning from Latin America. Science, 308(5729), 1312-1314.
[1] INPI. (2023). Patent search. Retrieved from https://busca.inpi.gov.br/
[2] WIPO. (2023). PatentScope. Retrieved from https://patentscope.wipo.int
[3] GuimarĂ£es, R. V. (2015). Patent Litigation and Enforcement in Brazil. Journal of Patent Law, 10(2), 45-60.
[4] Lanjouw, J. O., & Cockburn, I. M. (2005). Patent Protection in Developing Countries. Science, 308(5729), 1312-1314.