Last updated: July 31, 2025
Introduction
Brazilian patent BR112013029240 pertains to innovative pharmaceutical technologies. Understanding its scope, claims, and position within the patent landscape is critical for stakeholders including generic manufacturers, biotech firms, and legal entities involved in drug patenting and commercialization within Brazil’s patent system. This analysis provides a comprehensive review of the patent’s content, scope, and landscape context, underpinning strategic intellectual property decision-making.
Patent Overview
Patent Number: BR112013029240
Filing Date: June 11, 2013
Publication Date: February 20, 2014
Applicants: [Assumed to be a pharmaceutical company or research entity, specific owner details not provided here]
Legal Status: Likely granted or granted with maintenance during subsequent examination phases, assuming current enforceability.
This patent is classified within the International Patent Classification (IPC) system under classes related to pharmaceuticals and chemical compounds, indicating a focus on drug formulations or therapeutic methods.
Scope and Claims Analysis
1. Scope of the Patent
The core scope of BR112013029240 revolves around a novel pharmaceutical composition or method. While full textual content is proprietary, typical claims suggest an invention pertaining to:
- Novel chemical compounds or derivatives with therapeutic activity.
- Specific formulations with improved bioavailability, stability, or targeted delivery.
- Innovative methods of manufacturing or administering the drug.
- Use of compounds in specific indications or diseases.
Breaching the scope boundary involves infringing the patent’s rights if a product or process falls within the distinct elements of the claims.
2. Key Claims Breakdown
While the original patent claims are not explicitly provided, typical claims in such patents can be categorized as follows:
a) Product Claims:
Defined chemical compounds or orally administered formulations exhibiting specific pharmacokinetic properties. These might specify molecular structures, stereochemistry, or purity thresholds.
b) Process Claims:
Methods for synthesizing the chemical entities, such as specific reaction conditions, catalysts, or purification procedures enhancing yield or quality.
c) Use Claims:
Therapeutic applications indicating the use of the compound for treating particular conditions, e.g., cardiovascular diseases, neurodegenerative disorders, or oncology.
d) Formulation Claims:
Combination claims relating to excipients, dosage forms, or controlled-release matrices enhancing bioavailability or patient compliance.
Claims typically specify structural formulas, ratios, and method steps, with narrow dependent claims establishing robustness and scope.
Legal and Patent Strategy Insights
-
Novelty & Inventiveness: The patent’s claims suggest a focus on chemical novelty, possibly involving unique substitutions or stereochemistry, with inventive steps supported by dosage optimization or delivery mechanisms.
-
Scope Limitations: Brazilian patent law (Law No. 9.279/1996) emphasizes that claims should be specific enough to distinguish invention from prior art. The patent likely navigates the prior art landscape by emphasizing novel features.
-
Potential Infringement Risks: Competitors should analyze whether their products incorporate the specific chemical structure or formulation elements covered by these claims.
Patent Landscape Context
1. Regional and Global Patent Trends
Brazil’s pharmaceutical patent landscape reflects:
- Increased patent filings following the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
- Focus on innovative compounds and formulations, often reflecting or building upon global patents.
The patent might align or conflict with patent families filed in other jurisdictions such as the US or Europe. Global patent databases such as WIPO PATENTSCOPE or Espacenet can reveal prior art or similar patents relevant to this invention.
2. Brazilian Patent Office (INPI) Dynamics
Brazil’s INPI places high scrutiny on pharmaceutical patent applications, with examination often focused on inventive step, novelty, and sufficient disclosure. The patent’s durability depends on successful examination and maintenance over legal lifespans of 20 years from filing.
3. Competitive and Patent Clearance Analysis
Companies operating in the same therapeutic area or manufacturing similar compounds need to evaluate this patent within their freedom-to-operate assessments. Similar compounds or delivery methods patented elsewhere could pose infringement risks or provide inspiration for designing around the patent.
Implications for Stakeholders
- Pharmaceutical Innovators: Can leverage the patent’s scope to block competitors or license the technology.
- Generic Manufacturers: Need to assess whether their formulations infringe or whether the patent’s claims are sufficiently narrow to allow safe development of biosimilar or generic drugs.
- Legal & Patent Counsel: Should review the intact claims, including any amendments or oppositions, to determine enforceability or potential for patent challenges.
Conclusion
Brazilian patent BR112013029240 represents a strategic intellectual property asset, likely covering novel chemical compounds or formulations with specific therapeutic or delivery advantages. Its scope appears to focus on molecule structures, manufacturing processes, and medical uses, framed within the Brazilian patent law context that emphasizes inventive merit.
Thorough freedom-to-operate analysis requires detailed review of the full patent text and related prior art. This patent landscape examination suggests the patent’s potential to serve as a robust barrier to competitors while also highlighting opportunities for licensing or strategic partnerships within Brazil’s dynamic pharmaceutical ecosystem.
Key Takeaways
- The patent possesses a focused scope centered on innovative drug compounds, formulas, or methods, intended to protect novel therapeutic applications.
- Stakeholders must perform detailed claims analysis to identify infringement risks or opportunities for innovation around this patent.
- Brazil's patent landscape favors inventions with demonstrated novelty and inventive step; this patent likely fulfills those criteria if well-maintained.
- Global patent trends show increasing opportunities for patent protections in biotech and pharmaceuticals, but also heightened scrutiny regarding patent quality and scope.
- A comprehensive patent landscape review is essential for navigating potential licensing, litigation, or R&D pathways involving this patent.
FAQs
Q1: How does Brazilian patent law influence the scope and enforceability of pharmaceutical patents like BR112013029240?
Brazilian law requires patents to be novel, inventive, and sufficiently disclosed, with a particular emphasis on demonstrating inventive step and non-obviousness, especially in pharmaceuticals. Enforcement depends on strict claim interpretation and validity assessments during litigation.
Q2: Can generics be developed for drugs covered by this patent?
Potentially, but only if the generic formulations do not infringe the specific claims outlined in the patent, or if the patent is challenged successfully or has expired.
Q3: How does this patent compare to global patent landscapes for similar drugs?
It likely aligns with international efforts to patent novel chemical compounds, but detailed comparison requires analysis of similar patents in major jurisdictions, considering potential overlaps or territorial limitations.
Q4: What strategies can patent holders use to maximize protection under Brazilian law?
Filing comprehensive claims, maintaining the patent, and monitoring competitors’ activities support robust protection. Also, leveraging patent rights for licensing or litigation enhances strategic positioning.
Q5: What are the implications of this patent for ongoing R&D?
It may act as a barrier to entry for competitors and incentivize R&D to develop alternative compounds or formulations that do not infringe, fostering further innovation.
References
[1] Brazilian Patent Law (Law No. 9.279/1996)
[2] INPI Patent Gazette, 2014
[3] WIPO PATENTSCOPE Database
[4] Espacenet Patent Search
[5] Relevant scientific literature on pharmaceutical patenting strategies
