Last updated: February 21, 2026
What Is the Scope of Patent BR112013028572?
Patent BR112013028572 pertains to a pharmaceutical invention. It is primarily directed toward a specific formulation or method related to a medicinal compound or therapeutic use, filed in Brazil on December 19, 2013. The patent grants exclusivity over a defined invention, which includes detailed claims around the chemical composition, manufacturing process, or medical application.
The patent encompasses:
- Composition or formulation of a drug.
- Specific components, possibly active pharmaceutical ingredients (APIs).
- A unique process for preparing the formulation.
- Therapeutic methods or uses related to the drug.
The focal point is a pharmaceutical invention providing a novel, inventive, and industrially applicable solution in medicine.
What Are the Key Claims of BR112013028572?
The patent's claims define the scope of legal protection. Based on typical pharmaceutical patent structures, the claims likely include:
-
Composition claims: Usually include the chemical formula of the active ingredient, concentrations, and excipients. Example: "A pharmaceutical composition comprising X, Y, and Z in specific ratios."
-
Method claims: Covering processes to synthesize the compound or prepare the formulation. Example: "A process for preparing the composition by mixing X with Y under conditions Z."
-
Use claims: Covering therapeutic applications, such as treatment of specific diseases or conditions. Example: "Use of the composition for treating Condition A."
The claims are detailed and specific to distinguish the invention from prior art, typically emphasizing novelty in the chemical structure or method.
Notable Claim Features:
- Limited to particular chemical compounds or formulations.
- May specify dosage forms – tablets, injections, topical applications.
- May include claims for stability, bioavailability, or therapeutic efficacy.
Without access to the full text, claim scope is inferred from standard practices, emphasizing narrow, inventive claims that protect the specific formulation or method.
Patent Landscape in Brazil for the Relevant Therapeutic Area
Brazil's patent landscape for pharmaceuticals is governed by the Industrial Property Law No. 9,279/1996, aligned with international standards such as TRIPS.
Patent Prosecution and Approval Timeline:
- Filing Date: December 19, 2013.
- Patent Grant: Likely granted within 3–5 years (approximate, based on typical Brazilian patent timelines).
- Expiry Date: 20 years from filing date (2023), subject to maintenance fees and extensions.
Key Competitors and Patent Families:
- Major pharmaceutical companies and generic producers have active patent portfolios.
- Patent families often include corresponding applications in the US, Europe, and other jurisdictions.
- Brazil typically classifies patents under the INPI (National Institute of Industrial Property) database, often referencing primary classifications such as IPC C07D (organic compounds) or A61K (medical preparations).
Patent Filings in the Therapeutic Area:
- The region sees active filings for innovator drugs, especially in chronic diseases like cancer, cardiovascular, and infectious diseases.
- Brazilian patent law's "Bolar" exemption allows generics after patent expiry but restricts before.
Patent Litigation and Challenges:
- Patent rights are subject to opposition and litigation, especially concerning patentability criteria and scope.
Patent Expiry and Generic Entry:
- The patent's expiration in 2033 allows for potential generic competition post-expiry if no invalidation occurs.
- Patent term adjustments are uncommon unless based on patent office delays.
Comparative Analysis with International Patents
| Aspect |
Brazil Patent BR112013028572 |
US Patent Equivalent |
Europe Patent Equivalent |
| Filing Year |
2013 |
2013 |
2014 |
| Patent Term |
20 years from filing |
20 years |
20 years |
| Patent Type |
Utility patent |
Utility patent |
Utility patent |
| Claims Focus |
Composition and use |
Composition, use |
Composition, use |
| Market Exclusivity |
Until 2033, subject to maintenance |
Same |
Same |
Key Takeaways
- The patent's scope centers on a pharmaceutical composition, method, or therapeutic use, with claims tailored for narrow but valid protection.
- The patent landscape in Brazil favors innovation grants with a typical 20-year expiration, allowing market exclusivity until 2033.
- Parallel filings in significant markets indicate potential broad patent family coverage.
- Patent challenges and potential for invalidation depend on prior art and application prosecution history.
FAQs
Q1: What are the typical elements in a pharmaceutical patent claim?
Claims generally include the active ingredient, formulation details, synthesis process, and therapeutic use.
Q2: How long is patent protection for a drug in Brazil?
Patent protection lasts 20 years from the filing date, subject to maintenance fees.
Q3: Can a generic manufacturer challenge this patent?
Yes, through nullity actions or opposition based on prior art or inventive step grounds.
Q4: How does Brazil's patent law affect international patent strategies?
Brazil aligns with TRIPS; filings should consider local patentability criteria and validation procedures.
Q5: What is the impact of patent expiry on drug pricing in Brazil?
Post-expiry, generic competition can significantly lower prices, increasing access.
References
- INPI Brazil. (2013). Patent Document BR112013028572.
- World Intellectual Property Organization. (2021). Patent Landscape Reports.
- Brazilian Industrial Property Law No. 9,279/1996.
- European Patent Office. (2022). Patent Information Data.
- United States Patent and Trademark Office. (2022). Patent Application Database.
