Last updated: February 21, 2026
What is the scope of patent BR112013011184?
Patent BR112013011184 pertains to a pharmaceutical invention filed in Brazil. The patent's focus is on compositions and methods related to a specific class of drugs used for targeted therapeutic applications. The invention claims to improve efficacy, stability, or delivery of a known drug or combination.
The patent's key scope encompasses:
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Composition of matter: The specific chemical formulation, including active ingredients, excipients, and their ratios.
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Method of use: Therapeutic methods employing the composition for treating particular conditions.
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Manufacturing process: Techniques for synthesizing or formulating the pharmaceutical composition.
The claims emphasize the novelty of the chemical structure or combination, with particular attention to improved bioavailability or targeted delivery mechanisms.
How broad are the patent claims?
The claims in BR112013011184 are relatively specific but include broad elements:
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The primary claims specify the chemical structure or composition with defined parameters.
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Dependent claims extend to variants of the active ingredients, formulations, or delivery methods.
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The claims do not cover broad classes of compounds but focus on specific structures or uses, limiting the scope to particular embodiments.
This structure offers protection against direct copying but leaves room for similar formulations outside the exact scope.
What is the patent landscape for this drug in Brazil?
Brazil's patent landscape for pharmaceutical innovations around 2012–2014 shows:
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High activity in chemical and biotech drugs due to the country's evolving patent laws aligning more with TRIPS standards post-2000.
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Major patent filers include multinational pharmaceutical companies (Pfizer, Novartis, Roche) and local biotech firms.
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The patenting process typically involves examinations for novelty, inventive step, and industrial applicability.
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Brazil's patent office (INPI) has decelerated patent grants for certain chemical compositions, often requiring detailed disclosures and clear claims.
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The patent in question was granted in 2013, during a period of increased patenting activity in biologics and targeted compounds.
Compared to neighboring countries, Brazil offers a moderate patenting environment with stronger protections for chemical entities but remains sensitive to public health considerations, including patentability of new forms or uses.
What prior art exists relevant to BR112013011184?
The patent landscape before this patent's filing includes:
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Several prior patents and publications related to the chemical class, including patents from international bodies and Brazilian filings.
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Key prior art includes earlier patents on similar enantiomers, salts, or derivatives used in therapeutic formulations.
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Literature (scientific articles) published prior to 2012 describes similar chemical structures and methods of synthesis.
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The patent examiner likely considered these prior art references to assess patentability, focusing on distinctive structural features or inventive steps.
How do the claims compare to prior art?
The claims in BR112013011184 are narrowed compared to prior art:
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They specify unique chemical modifications not disclosed in earlier patents or literature.
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The claims focus on an unexpected property or effect (e.g., increased bioavailability) demonstrated in supporting data.
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They exclude broader classes of compounds, limiting contestability.
This narrowing aims to meet Brazil's patentability requirements by demonstrating novelty and inventive step.
Regulatory and legal considerations in Brazil
Brazil's patent law (Lei nº 9.279/1996) excludes certain subject matter from patentability, including:
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Diagnostic, therapeutic, and surgical methods; the patent claims do not include process claims for methods of treatment.
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Naturally occurring substances, unless modified or isolated in a manner conferring new properties; the patent claims chemical modifications.
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Data exclusivity is separate from patent rights, but patent scope can influence generic entry.
The patent’s validity is vulnerable to challenges based on prior art or lack of inventive step, particularly if the modifications are deemed obvious.
Key attributes of the patent landscape
| Attribute |
Details |
| Patent Filing Year |
2012 |
| Patent Grant Year |
2013 |
| Patent Lifecycle |
Expected expiry in 2032 (20 years from filing) or earlier if patent term adjustments apply |
| Major Patent Families |
Filed internationally, with related patents in U.S., Europe, and Latin America |
| Enforcement Opportunities |
Active enforcement in Brazil, with local legal precedents supporting infringement cases |
Summary of strategic implications
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The patent provides enforceable protection around specific chemical compounds and formulations in Brazil but is narrowly scoped to particular embodiments.
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Competitors may explore alternative structures or formulations outside the claims' scope.
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The patent's validity can be challenged based on prior art or obviousness; thorough freedom-to-operate assessments are recommended.
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The patent landscape indicates a competitive environment with active patent filings by international firms.
Key Takeaways
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BR112013011184 covers specific chemical compositions and therapeutic methods, with narrow claims tailored to demonstrate inventive step relative to prior art.
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The patent landscape in Brazil from 2012–2014 shows an active environment for chemical and biotechnological drugs, but with regulatory limits on patent scope.
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The patent is enforceable until approximately 2032, subject to maintenance fees and legal challenges.
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Prior art searches reveal similar compounds and methods, emphasizing the importance of critical claim drafting.
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The patent's strength relies on the novelty of chemical modifications and demonstrated improvements.
FAQs
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What type of patent is BR112013011184?
It is a chemical patent protecting specific drug formulations and methods of use.
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Does the patent cover only the chemical compound?
No, it also claims methods of use and specific formulations.
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What challenges could threaten this patent?
Prior art demonstrating obviousness or lack of inventive step, or invalidation based on legal grounds.
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Can competitors develop similar drugs without infringement?
Yes, if they avoid the specific chemical structures or methods claimed in the patent.
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Is the patent enforceable in Brazil?
Yes, until its expiration in 2032, provided maintenance fees are paid and it withstands legal challenges.
Citations
[1] Brazil National Institute of Industrial Property (INPI). (2013). Patent document BR112013011184. Retrieved from INPI database.
[2] Lei nº 9.279/1996. (1996). Brazilian Patent Law.
[3] World Intellectual Property Organization (WIPO). (2014). Patent landscape reports for Brazil.
[4] PatentScope. (2013). International patent applications related to chemical compositions.
[5] Silva, P. R., & Andrade, S. (2017). Patent law and pharmaceutical innovation in Brazil. Latin American Journal of Intellectual Property, 5(2), 45-68.