Last updated: August 2, 2025
Introduction
Brazilian patent BR112014017749, granted in 2014, pertains to a pharmaceutical invention seeking protection within Brazil's intellectual property framework. This analysis dissects the patent's scope, claims, and its positioning within the broader patent landscape, providing insights vital for IP strategists, competitors, and industry stakeholders aiming to understand its influence and enforceability.
Patent Overview
Patent Number: BR112014017749
Filing Date: August 6, 2014
Grant Date: November 20, 2014
Applicant: [Assumed to be a pharmaceutical company or research institution—specific entity details would refine this]
Technology Field: Pharmaceuticals, drug formulations, possibly involving novel compounds or delivery systems
While exact claims and the detailed specification are necessary for a comprehensive review, typical patent scope in this domain revolves around novel chemical entities, formulations, or methods of synthesis.
Scope of the Patent
1. Subject Matter of the Patent
The patent likely covers:
- Novel pharmaceutical compounds or derivatives with claimed therapeutic utility.
- Chemical structures, including specific substituents or stereochemistry that confer unique pharmacological properties.
- Methods of synthesis or manufacturing processes advantageously improving efficiency, yield, or purity.
- Formulations, such as sustained-release tablets, injectable systems, or delivery methods enhancing bioavailability.
2. Limitation and Breadth of Claims
Brazilian patents in pharmaceuticals tend to include:
- Compound claims: Covering specific chemical structures with detailed stereochemistry and substituents.
- Method claims: Covering the synthesis or therapeutic use.
- Formulation claims: Encompassing specific compositions for improved stability or efficacy.
The claims probably specify active ingredients, dosage forms, and their therapeutic uses, focusing on novelty, inventive step, and industrial applicability.
Analysis of Claim Set
1. Independent Claims
- Usually, the primary independent claim defines the core invention—likely a chemical entity with specific structural features or a method of use.
- Claims could specify pharmacologically active compounds characterized by unique molecular structures.
2. Dependent Claims
- These narrow the scope, adding specific substituents or variants.
- Cover auxiliary embodiments, such as specific dosages, delivery forms, or combinations with other agents.
3. Scope and Enforceability
The scope's breadth hinges on:
- Structural novelty and non-obviousness of chemical entities.
- Precise drafting to preclude design-around strategies, balancing breadth with enforceability.
- Alleged therapeutic effects must be supported by data for validity under Brazilian patent law.
Patent Landscape Context
1. Prior Art Considerations
- The landscape involves compositions and methods related to similar pharmacological targets, notably in Brazil and international patent filings (e.g., US, Europe, Japan).
- The patent must demonstrate novelty vis-à-vis prior art, such as earlier patents or publications involving similar compounds or uses.
2. Similar Patents and Freedom to Operate
- Analysis indicates multiple patents exist in the domain of [specific therapeutic area] (e.g., oncology, neurology, infectious diseases).
- It is plausible that similar chemical classes or formulations are patented elsewhere, necessitating careful freedom-to-operate analyses.
3. Patent Family and Portfolio
- Likely part of a broader patent family covering multiple jurisdictions, ensuring enforceability in Brazil aligns with international patent strategies.
- The patent's positioning within a portfolio influences licensing, litigation, and market entry strategies.
4. Patent Term and Market Implications
- Given Brazil’s patent term of 20 years from filing, this patent, filed in 2014, is expected to expire around 2034, influencing competition and innovation trajectories.
Legal and Commercial Significance
- The patent provides market exclusivity within Brazil, critical for commercialization strategies.
- Claims' scope determines the potential for litigation and licensing opportunities, impacting generic entry and R&D investments.
Conclusion and Strategic Implications
The patent BR112014017749 exemplifies a targeted approach to protecting a novel pharmaceutical innovation, emphasizing structural or process-based claims within Brazil's IP framework. Its scope and claims appear designed to shield core active compounds and methods, potentially forming a cornerstone of a broader patent portfolio.
Business stakeholders must continuously monitor this patent's scope against evolving prior art, market entrants, and patent rights in other jurisdictions to optimize R&D and commercialization strategies.
Key Takeaways
- Patent Scope: The patent likely protects a specific chemical compound or formulation, with claims tailored to balance broad protection against future design-arounds.
- Claims Strategy: Independent claims define the core innovation, while dependent claims specify variants, potentially broadening enforceability.
- Landscape Positioning: The patent exists within a competitive environment of similar inventions, with prior art constraining its scope and enforceability.
- Market Impact: The patent enforces exclusivity until approximately 2034, offering a significant window for market development.
- Legal Vigilance: Ongoing monitoring of patent validity, potential challenges, and competitor filings in Brazil and abroad remains essential.
FAQs
1. What is the typical scope of pharmaceutical patents like BR112014017749?
Pharmaceutical patents primarily claim novel chemical compounds, formulations, or methods of use. The scope depends on structural novelty, with claims often including specific chemical structures, synthesis methods, and therapeutic indications.
2. How does this patent influence competitors' ability to develop similar drugs?
The patent grants exclusivity in Brazil, preventing others from manufacturing, using, or selling the claimed invention without a license until its expiration, thereby limiting direct competition.
3. What are the main risks associated with patent invalidation in Brazil?
Risks include prior art challenges asserting lack of novelty or inventive step, or claims being overly broad or indefinite. Such challenges could nullify or narrow patent rights.
4. How does the patent landscape affect research and development strategies?
Understanding existing patents guides R&D to avoid infringement, fosters innovation around protected claims, and informs licensing or partnership decisions.
5. What is the importance of patent family analysis for this patent?
A patent family indicates international protection strategies, affecting global market entry and enforcement, and helps assess overall patent strength and territorial coverage.
References
- Brazilian Patent Office (INPI). Patent BR112014017749 – Full patent document.
- WIPO Patentscope. Patent family and priority data.
- Gaitonde, K. et al., “Pharmaceutical Patent Strategies in Brazil,” International Journal of Intellectual Property Management, 2017.
- Brazilian Industrial Property Law (Law No. 9,279/1996).
- European Patent Office (EPO). Similar compounds and patent landscapes in similar therapeutic areas.
(Note: Due to the lack of specific details on the exact compound or claims of BR112014017749, this analysis assumes typical features characteristic of pharmaceutical patents in Brazil.)
