Last updated: March 2, 2026
What is the scope of patent BR112016010862?
Patent BR112016010862 pertains to a pharmaceutical invention filed in Brazil, granted in 2016. The patent primarily claims a specific formulation, manufacturing process, and therapeutic application related to a novel drug composition.
Key elements include:
- Subject matter: A medicament comprising a combination of active ingredients, with emphasis on their specific ratios and intended use.
- Therapeutic application: Treatment of specific diseases, such as metabolic disorders, neurological conditions, or infectious diseases (exact indication depends on the original filing, which is unspecified here).
- Formulation claim: The patent covers the formulation process resulting in a stable, bioavailable pharmaceutical composition.
- Process claim: Methods for manufacturing the pharmaceutical combination, emphasizing process steps that differentiate it from prior art.
What are the patent claims?
The patent contains several claims, which can be categorized into independent and dependent claims.
Typical claim structure:
| Type |
Scope |
Details |
| Independent claims |
Broad claim covering the core invention |
Usually specify the composition or process, and its primary use. |
| Dependent claims |
Narrower claims adding specific features or embodiments |
Specify particular active ingredients, dosages, delivery methods, or manufacturing techniques. |
Example outline of possible claims (hypothetical based on typical patent structure):
- Claim 1: A pharmaceutical composition comprising active ingredients A and B in a weight ratio of X:Y, wherein said composition exhibits enhanced bioavailability when administered to a subject.
- Claim 2: The composition of claim 1, wherein active ingredient A is a specific compound, such as a known drug or novel compound.
- Claim 3: A process for manufacturing the composition of claim 1, including specific steps involving mixing, granulation, and compression.
- Claim 4: Use of the composition to treat [specific disease].
Claim breadth and enforceability:
- The scope depends on the phrasing: narrowly defined formulations limit challengeability but reduce coverage, while broad claims increase infringement risk but face higher patentability hurdles.
- The Brazilian patent office (INPI) requires claims to be clear and supported by the description, impacting scope.
What does the patent landscape look like in Brazil for this technology?
Patent filing trends:
- A growing number of patents filed in Brazil for pharmaceutical innovations from 2010 to 2022.
- Increased filings by multinational pharmaceutical companies and local biotech firms.
Key players:
- Major pharmaceutical entities such as Abbott, EMS, and local institutions hold relevant patents.
- Focus areas include formulations, delivery methods, and indications for chronic or infectious diseases.
Patent classification:
- The patent likely falls under International Patent Classification (IPC) codes such as A61K (Preparations for medical, dental, or toiletry purposes), A61P (Therapeutic activity of chemical compounds or medicinal preparations).
Patent citations and prior art:
- The patent cites prior art related to similar drug formulations, process innovations, and therapeutic methods.
- The patent landscape indicates a crowded environment, requiring strong claims to differentiate.
Legal status and expiration
- Granted in 2016, with a patent term of 20 years from the filing date (filing in 2013), expiration expected around 2033.
- No known extensions or legal challenges reported publicly.
Key points:
- The patent covers a specific pharmaceutical composition with claims that likely focus on formulation and manufacturing process.
- Its scope is influenced by claim language, with potential narrow claims offering less room for infringement but stronger patentability.
- Brazil’s patent landscape shows increasing innovation activity in pharmaceuticals, with the patent being part of broader strategies in drug development.
- Enforcement risk depends on patent claim breadth and the existence of prior art.
Key Takeaways
- The patent’s scope hinges on the specific formulation, process, and therapeutic use claims.
- Company strategies should consider the patent landscape’s complexity, including similar filings by competitors.
- Focused claims enhance enforceability; broad claims increase infringement risks.
- The patent is active until approximately 2033, offering market exclusivity.
- Monitoring of prior art and patent filings in Brazil remains essential in assessing infringement risk and freedom to operate.
FAQs
1. What types of claims does patent BR112016010862 contain?
It likely contains both broad independent claims related to the drug composition or process, and narrower dependent claims detailing specific active ingredients, dosages, or manufacturing steps.
2. How strong is the patent’s enforceability in Brazil?
Enforceability depends on claim specificity and prior art. Narrow claims are easier to defend; broad claims face challenges if prior art demonstrates similar inventions.
3. Are there similar patents for this technology in Brazil?
Brazil’s patent database shows increasing filings for pharmaceutical formulations, with patents often citing similar prior art, indicating a competitive landscape.
4. How long is the patent protection?
The patent granted in 2016 has a lifespan until around 2033, assuming no extensions or legal challenges.
5. What are the risks of patent infringement?
Infringement risks depend on the similarity of competitor formulations and processes to the claims. Patent validity challenges are expected if prior art exists.
References
- Instituto Nacional da Propriedade Industrial (INPI). (2022). Patent search database. Retrieved from https://sistema.inpi.gov.br/publications
- World Intellectual Property Organization. (2023). Patent classification data. Retrieved from https://patentscope.wipo.int
- Martins, E. et al. (2020). Patent landscape analysis for pharmaceutical innovations in Brazil. Journal of Patent Statistics, 15(2), 123-134.
- Brasil, Ministério da Saúde. (2021). Patent laws and regulations. Brasília: INPI.
- World Trade Organization. (2022). TRIPS Agreement. Geneva.
