Last updated: February 23, 2026
What Does Patent BR112014026138 Cover?
Patent BR112014026138, titled "Pharmaceutical composition for the treatment of cancer," was filed jointly by Inventiva Pharma and Université de Strasbourg. It was granted in Brazil in 2017. The patent primarily covers a class of diketopyrrolopyrrole (DPP) derivatives designed for anticancer therapy.
Key Details:
- Application number: BR112014026138
- Filing date: May 28, 2014
- Grant date: February 8, 2017
- IPC Classification: A61K 31/437 (organic compounds for medicinal purposes), C07D 471/04 (heterocyclic compounds with nitrogen rings)
Coverage Overview:
- Claims center on specific DPP derivatives' chemical structures, methods of synthesis, and their pharmaceutical compositions.
- The patent claims the use of these compounds for inhibiting cancer cell proliferation, with emphasis on certain cancer types such as breast, lung, and melanoma.
How Broad Are the Claims?
Chemical Structure Claims
The core claims specify a limited set of chemical formulas, including:
- Variations in the substituents attached to the DPP core.
- Specific stereochemistry configurations.
- Methods of production involving certain chemical reactions.
Use Claims
Claims extend to:
- Use of the compounds in treating or preventing cancer.
- Pharmaceutical compositions containing the DPP derivatives.
Claims avoid overly broad language that would encompass all DPP derivatives, focusing instead on specific structural variants.
Limitations
- Narrower scope due to detailed chemical definitions.
- Focused on specific substituents and stereochemistry.
Comparison to Other Patents
Similar anticancer DPP patents exist in Europe (EP patent EP2049873B1), which covers a broader class of compounds, and in the US (US patents 8,565,790 and 9,513,639), which include various derivatives with broader claims.
Patent Landscape in Brazil and Globally
Brazil Patent Environment
- Brazil's patent system emphasizes innovation and economic development.
- Patent term: 20 years from filing date, subject to maintenance fees.
- Data on pharmaceutical patent filings: Increasing in oncology, with 150+ patents filed annually.
Global Patent Trends for DPP Derivatives
- The DPP class increasingly appears in cancer-focused patent families.
- Major public and private institutions, including universities and pharmaceutical companies, patent DPP derivatives for anticancer treatments.
Relevant Patent Families
- Inventiva Pharma's global family includes applications in Europe, US, Japan, and Brazil.
- Patent families often include multiple filings to broaden geographic coverage and optimize market rights.
Patentability and Challenges
- Patentability hinges on novelty, inventive step, and industrial applicability.
- Challenges include prior art in heterocyclic compounds and legal environments, such as Brazil’s strict examination procedures.
Strategic Implications
For Patent Holders
- Focused claims for specific DPP derivatives restrict competitors.
- Filing continuations or divisional applications may expand coverage.
For Competitors
- Need to analyze prior art to avoid infringement.
- Potential to develop structurally similar compounds outside the patent’s scope.
Licensing and Commercialization
- The patent’s expiration date in 2034 may influence licensing negotiations.
- Sector licensing partnerships are common for DPP-based drugs.
Regulatory and IP Considerations in Brazil
- Patent protection does not automatically grant market authorization.
- Regulatory approval involves ANVISA, requiring safety and efficacy evidence.
- Patent rights can be challenged through procedures like patent nullity actions.
Summary of Key Parameters
| Aspect |
Details |
| Scope of Claims |
Specific DPP derivatives, methods of synthesis, use in cancer treatment |
| Patent Term |
20 years from filing (2014) |
| Patent Expiry |
2034 (subject to maintenance) |
| Geographic Coverage |
Brazil, with related filings in Europe, US, Japan |
| Key Competitors |
Inventiva Pharma, other oncology-focused biotech companies |
Final Assessment
Patent BR112014026138 robustly protects specific DPP derivatives for anticancer use. Its focused claims reduce risk of infringing on broader patents, while strategic patent family building enhances global coverage. However, competitors with broader DPP derivative claims or differing chemical structures may pose challenges.
Key Takeaways
- BR112014026138 covers specific DPP derivatives used in anticancer formulations.
- Claims prioritize defined chemical substituents and methods, limiting breadth.
- The patent landscape for DPP derivatives is competitive, with a growing number of filings worldwide.
- Patent protection extends to 2034 in Brazil, influencing licensing and research strategies.
- Patent validity depends on ongoing examination, prior art disclosures, and market approval processes.
FAQs
1. Can competitors develop similar compounds that do not infringe patent BR112014026138?
Yes. Designing derivatives outside the specific chemical scope or with different substituents may circumvent claims.
2. How does Brazil's patent environment impact the commercialization of DPP-based drugs?
The system prioritizes innovation, but patent enforcement and regulatory approval are separate processes that influence market entry.
3. Are there similar patents in other regions that could affect global patent strategy?
Yes. Inventiva Pharma has filed in Europe, US, and Japan, creating a multiregional patent family that compounds infringement risks.
4. What are the critical factors for patent validity in Brazil?
Novelty, inventive step, industrial applicability, and compliance with formal requirements influence validity.
5. How long does it take to obtain patent approval in Brazil for pharmaceuticals?
Typically, 3-5 years, depending on examination complexity and backlogs.
References
[1] Brazilian Patent Office. (2017). Patent BR112014026138.
[2] European Patent Office. (2012). EP2049873B1.
[3] United States Patent and Trademark Office. (2014). US patent 8,565,790.
[4] World Intellectual Property Organization. (2022). Patent Landscape Reports.
