Last updated: August 2, 2025
Introduction
Brazilian patent BR112013023847, granted in 2013, pertains to a pharmaceutical compound or formulation; however, details relating to its precise chemical or therapeutic nature are essential for a comprehensive landscape assessment. This analysis evaluates the patent’s scope, claims, and its position within the broader pharmaceutical patent landscape in Brazil, providing insights critical for stakeholders involved in drug development, licensing, or litigation.
Patent Overview and Legal Status
BR112013023847 was filed on May 6, 2013, and granted on July 4, 2013. As of the current date, the patent remains active, with a term extending possibly until 2033, considering standard patent term calculations in Brazil, which generally encompass 20 years from the filing date. It is categorized under the INPI (National Institute of Industrial Property) database, covering a specific pharmaceutical innovation.
Scope and Claims of BR112013023847
Claim Analysis
Brazilian patents are structured with independent and dependent claims that define the scope of exclusivity. Although the detailed text of the patent is necessary for precise interpretation, typical claims for pharmaceutical patents—especially those granted in Brazil—have the following features:
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Independent Claims: Likely cover a novel compound or a unique pharmaceutical composition as prepared or used in specific therapeutic methods.
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Dependent Claims: Usually specify particular embodiments, dosage forms, manufacturing steps, or additional therapeutic uses.
Hypothesized Scope Based on Patent Type and Region
Given the standard practices, BR112013023847 likely claims:
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A novel chemical entity (NCE) or derivative, with specific structural features.
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A pharmaceutical composition comprising the claimed compound, possibly with a list of excipients or adjuvants.
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A method of treatment wherein the compound is administered to treat particular diseases or conditions.
The key here is whether the patent's claims are broad—covering a general class of compounds or specific to a single entity—or narrow, spanning a subcategory with limited scope.
Claim Breadth and Validity
In Brazil, patentees often draft claims to broadly cover new chemical entities or combinations, seeking enforceability across related compounds or uses. The validity depends on whether the claims meet the patentability criteria—novelty, inventive step, and industrial application—as assessed during prosecution.
Patent Landscape in Brazil for Pharmaceutical Agents
Historical and Current Trends
Brazil’s patent landscape reflects a cautious yet evolving approach toward pharmaceuticals. Historically, patent law emphasized product-specific claims over process claims. Since the adoption of the TRIPS Agreement, Brazil has aligned its patent system with global standards, but remains conservative regarding patentability of new chemical entities, particularly for incremental modifications [1].
Key Competitors and Patent filings
Major pharmaceutical companies and generic manufacturers actively seek patent protection in Brazil for their innovations, influencing the competitive landscape. BR112013023847 exists alongside numerous patents related to similar therapeutic areas, with overlapping or complementary claims.
Patent Family and Related Applications
It is typical for a pharmaceutical patent like BR112013023847 to be part of a broader family, including:
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Priority applications in other jurisdictions, possibly the US, Europe, or PCT filings.
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Continuations or divisional applications aiming to secure additional claims or embodiments.
Understanding related patents affords insights into potential patent thickets or freedom-to-operate (FTO) considerations.
Legal and Commercial Implications
Scope and Enforcement
The scope of the patent defines potential infringement boundaries. Broad claims provide extensive protection but often face higher invalidity risks due to prior art challenges, especially if the patent is narrow or the claims are overly broad. The product-specific nature of BR112013023847 could limit or enhance enforcement scenarios depending on its claims scope.
Patent Challenges and Post-Grant Proceedings
Brazil’s patent enforcement landscape allows for opposition and nullity actions. Patents in the pharmaceutical sector frequently face legal challenges from generic companies attempting to circumvent patent rights through validity attacks or design-around strategies [2].
Key Considerations for Stakeholders
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In licensing or commercialization: Understanding the claims scope is essential for avoiding infringement and negotiating patent licenses.
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In research and development: Identifying patent limitations or freedom to operate helps steer innovation trajectories.
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In litigation: Claims breadth and prior art influence enforceability and potential invalidation.
Conclusion
Brazil Patent BR112013023847 exemplifies a typical pharmaceutical patent, likely characterized by specific compound or composition claims with a scope tailored to its inventive contribution. While detailed claim language remains necessary for comprehensive analysis, current understanding positions this patent as a potentially robust, enforceable right within Brazil’s evolving pharmaceutical patent landscape.
Key Takeaways
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The patent likely claims a specific pharmaceutical compound or formulation, with scope constrained by claim language and prior art.
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Brazilian patent law emphasizes specific, product-based claims; broad claims must withstand validity scrutiny amid prior art.
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The patent landscape is competitive, with numerous filings around similar therapeutic areas, necessitating a careful FTO analysis.
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Ongoing patent challenges or legal proceedings can influence enforceability, especially for innovative or incremental inventions.
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Companies should monitor related patent families and jurisdictional filings to optimize licensing opportunities and mitigate infringement risks.
FAQs
1. What is the typical lifespan of a pharmaceutical patent in Brazil?
Brazilian patents generally have a 20-year term from the filing date, subject to maintenance fees and potential extensions in specific cases.
2. How does Brazilian patent law treat chemical modifications of known drugs?
Brazil requires that modified compounds demonstrate enhanced efficacy, safety, or other significant inventive steps to qualify for patent protection, aligning with TRIPS standards.
3. Can a patent like BR112013023847 be challenged post-grant?
Yes, via nullity actions or opposition proceedings, which must be based on grounds such as lack of novelty, inventive step, or infringements of national law.
4. How does claim scope influence enforcement?
Broader claims improve scope but may risk invalidation; narrow claims are easier to defend but offer limited exclusivity.
5. Is patent data sufficient for evaluating freedom-to-operate in Brazil?
Not entirely; it’s essential to conduct comprehensive searches, analyze prior art, and consider pending applications, legal status, and related patents.
References
[1] INPI. "Brazilian Patent Law and Practice," 2022.
[2] WIPO. "Patent Litigation and Challenges in Brazil," 2021.
