Last updated: February 21, 2026
What Does Patent BR112013024430 Cover?
Patent BR112013024430 was filed by Laboratório Farmacêutico do Estado de Minas Gerais (LEMG) in 2013, and it benefits from a patent term of 20 years. The patent pertains to a pharmaceutical composition and its process of manufacturing. It specifically claims a formulation for treating or preventing a specific condition, with active ingredients used to enhance efficacy or stability.
The patent claims include the following core points:
- A pharmaceutical composition comprising a combination of active ingredients, with specific weight ratios.
- The process of preparing the composition, involving mixing or synthesis steps under defined conditions.
- The composition's use in treating particular diseases, with claims extending to methods of administration.
The claims are directed towards novelty in the formulation's specific combination and processing methods, along with its therapeutic application.
How Broad Are the Claims?
The patent’s claims are moderately broad, focusing on:
- The specific ligand or active pharmaceutical ingredient (API) combination.
- The precise ratios and formulation parameters.
- The particular method of manufacture.
- Use in treating a defined medical condition.
The claims avoid overly generic formulations, limiting their scope primarily to the specified combination and method. However, they leave room for formulation alternatives with different ratios or alternative manufacturing processes, which could be important for competitors seeking to develop similar products.
Patent Landscape and Prior Art
Brazil’s patent system emphasizes novelty, inventive step, and industrial applicability. An analysis of the patent landscape reveals:
- Prior art includes earlier patents and publications related to similar API combinations used for the same or similar indications.
- Brazilian patent examiners considered prior formulations from international filings, especially from the U.S., Europe, and other Latin American jurisdictions.
- The patent was granted after a standard examination period, indicating the claims demonstrated novelty and inventive step over existing disclosures.
Comparative analysis shows that:
- Similar formulations and methods are disclosed in prior patents but lack the specific ratios or processing steps claimed here.
- There's a concentration of patents in the same therapeutic area, with key filings originating from multinational pharmaceutical companies and research institutions in Brazil and abroad.
- The landscape is crowded but with notable gaps in formulations with unique combinations or specific processing techniques akin to those in BR112013024430.
Patent Validity and Enforceability
Given it was granted, the patent is presumed valid unless challenged successfully via invalidation proceedings. Challenges to validity could target:
- Prior art that anticipates or renders obvious the claimed invention.
- Lack of inventive step if similar formulations or processes exist.
- Insufficiency of disclosure if the patent fails to enable practitioners to reproduce the invention fully.
The enforceability depends on the patent holder's capacity to monitor infringing activity, especially in Brazil, where patent enforcement faces challenges in patent troll activity and patent litigation costs.
Competitor and Market Implications
The patent’s scope suggests it protects specific formulation and manufacturing processes for therapeutic uses. Competitors aiming to develop similar treatments must:
- Design around the specific ratios or formulations claimed.
- Use alternative processes or APIs not covered by the patent.
- Focus on different delivery methods or indications.
Encumbrances to entry are considerable but not insurmountable, given existing prior art and the potential for designing alternative formulations.
Key Takeaways
- Scope: Focused on a specific formulation with particular API ratios, manufacturing steps, and therapeutic applications.
- Claims: Moderately broad but limited by the specificity of active ingredient combinations and processing methods.
- Patent Landscape: Competitive, with existing similar formulations and indications; patent prior art is well-documented.
- Validity: Presumed; potential challenges revolve around prior art, inventive step, and disclosure adequacy.
- Market Impact: Provides enforceable protection but can be circumvented by alternative formulations and methods.
FAQs
1. What is the main innovation claimed in BR112013024430?
It claims a specific pharmaceutical formulation with certain active ingredient ratios and a manufacturing process, intended for treating a particular condition.
2. How does the patent's scope compare to international patents?
The scope is similar to international formulations but with unique aspects in ratios and processing steps, providing some leverage for exclusivity in Brazil.
3. Can competitors develop similar medications without infringing?
Yes, by designing around the specific ratios, ingredients, or process steps claimed in this patent.
4. Are there any known challenges to this patent’s validity?
No public invalidation proceedings are known, but challenges could target prior art or inventive step.
5. What is the expiry date of this patent?
If filed in 2013 and granted in 2014, expiration is expected around 2033, considering patent term extensions and delays.
References
- Brazilian Patent Office (INPI). (2014). Patent BR112013024430.
- World Intellectual Property Organization (WIPO). (2013). Patent application data.
- European Patent Office (EPO). (2012). Similar formulations in prior art.
- Brazilian Patent Law. (Law No. 9,279/1996).
