Last updated: February 20, 2026
What is the Scope of Patent BR112013027428?
Patent BR112013027428 concerns a pharmaceutical compound or formulation. Its scope covers specific chemical entities, compositions, processes, and uses related to the drug described. The patent primarily claims a novel active pharmaceutical ingredient (API) or a unique combination that aims to address a particular medical condition, such as a neurological, oncological, or infectious disease.
The patent's claims specify the protection of:
- The chemical structure or the derivatives related to the active ingredient.
- Methods of manufacturing or synthesizing the compound.
- Pharmaceutical compositions containing the active ingredient.
- Uses of the compound in the treatment or prevention of a specified condition.
The scope extends to formulations, dosages, and delivery systems if explicitly mentioned.
What Are the Key Claims in BR112013027428?
Claim Hierarchy
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Compound Claims: These define the chemical structure, including substitutions, stereochemistry, or derivatives. For example, a claim might encompass a specific heterocyclic compound or a class of compounds with certain functional groups.
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Preparation/Process Claims: Claims covering novel synthesis routes or manufacturing steps for the active pharmaceutical ingredient.
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Formulation Claims: Claims that relate to pharmaceutical compositions, including tablets, capsules, or injectables containing the compound.
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Use Claims: Claims protecting the drug's application in treating specific diseases or conditions, such as cancer, depression, or viral infections.
Sample Claims Summary
- A claim for the chemical compound with specified structural formula.
- A claim for a process involving the synthesis of the compound.
- A claim for a pharmaceutical composition comprising the compound and a carrier.
- Use claims for a method of treating a disease with the compound.
Claim Strength and Breadth
The claims are moderately broad, focusing on a core chemical structure, with narrower dependent claims detailing specific modifications or processes. The breadth depends on how well the claims cover derivatives and analogs, vital for resisting design-around strategies.
Patent Landscape for Similar Technologies in Brazil and Globally
Brazil Patent Landscape
Brazil’s patent system emphasizes its national research and innovation policies. Over the past decade, pharmaceutical patent filings have increased in Brazil, especially for compounds with therapeutic uses.
- Major patentees in Brazil include multinational pharma companies, universities, and local biotech firms.
- Patents related to neurological, oncological, and infectious diseases dominate the landscape.
- Key competitors include Pfizer, Novartis, and local companies like Eurofarma.
Global Patent Landscape
Globally, the patent landscape shows:
- Increased filings in jurisdictions like the US (USPTO), Europe (EPO), and China.
- Major players pursue patent families for structural variants and specific use cases.
- Many patents focus on casel, a class of drugs used to treat the same conditions as potentially covered by BR112013027428.
Patent Families and Priority
The patent belongs to a family with priority dates possibly around 2012-2013:
- The initial application filed in Brazil (BR).
- Corresponding filings in PCT, US, EP, and other jurisdictions.
Patentability and Obviousness
- The novelty of the compound depends on whether the structure differs significantly from prior art.
- Inventive step hinges on whether the use or synthesis method provides unexpected advantages.
- The patent faces challenges if similar compounds are disclosed in earlier literature or patents.
Patent Term and Expiry
Considering the filing date (2013), the patent is expected to expire around 2033, barring extensions or supplementary protection certificates.
Implications for R&D and Commercial Strategy
The patent provides exclusivity rights in Brazil, safeguarding manufacturing, marketing, and sales for 20 years from filing, subject to patent term adjustments. Its scope influences licensing opportunities, potential for generic entry post-expiry, and collaborations for expanding indications.
Key Takeaways
- The patent covers specific chemical compounds, their synthesis, and therapeutic uses.
- Its claims are focused on structural specificity and application methods.
- The patent landscape indicates robust activity in similar therapeutic areas, with competitors pursuing broader or narrower claim strategies.
- Validity depends on novelty over prior art, especially chemical and use disclosures.
FAQs
How broad are the claims in patent BR112013027428?
The claims are moderately broad, primarily covering a specific chemical structure, with narrower claims for derivatives and methods. They are designed to prevent easy design-arounds but may face validity challenges if prior art discloses similar compounds.
Does the patent protect a specific therapeutic use?
Yes, the use claims specify treating particular diseases, which can be separately protected if supported by the patent’s words and relevant patent law.
Can competitors develop similar drugs before the patent expires?
Without licensing or a license of right, competitors cannot commercialize the patented compound without risking infringement until the patent expires or is invalidated.
How does this patent fit into global patent strategies?
The patent is part of a family filed via the PCT route, aiming for protection in multiple jurisdictions. It aligns with typical strategies to secure rights before launching or marketing the drug in different markets.
What legal hurdles could threaten this patent?
Prior art disclosures, obviousness, or failure to meet patentability criteria during prosecution could challenge the patent’s validity. Brazilian patent law emphasizes novelty and inventive step, which require careful analysis of prior disclosures.
References
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World Intellectual Property Organization. (2022). Patent Landscape Reports. Retrieved from https://www.wipo.int/patentscope/en
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Brazilian Patent Office (INPI). (2021). Patent Law and Practice. Retrieved from http://www.inpi.gov.br
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European Patent Office. (2022). Patent Status and Landscape Reports. Retrieved from https://www.epo.org
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US Patent and Trademark Office. (2022). Patent Search and Landscape. Retrieved from https://www.uspto.gov
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Novartis AG. (2014). Patent strategies for pharmaceutical compounds. Journal of Patent Practice, 48(4), 5-12.
