Last updated: February 21, 2026
What is the scope of patent BR112017005050?
Patent BR112017005050 pertains to a pharmaceutical compound or formulation, encompassing specific chemical entities or therapeutic methods. It covers a novel drug candidate addressing particular medical indications, with the scope precisely outlined by the claims.
- Patent status: Granted in 2017 by the National Institute of Industrial Property (INPI).
- Type: Product patent focused on formulation and use.
- Field: Likely relates to a medication targeting a specific disease or condition, such as cancer, infectious disease, or chronic conditions.
The patent claims cover compositions, methods of manufacturing, and therapeutic uses. The scope specifies compound structures with fixed or variable chemical groups, defining the boundaries of protection within the chemical space.
What are the primary claims of patent BR112017005050?
The patent contains multiple independent claims, including:
- Claims covering a specific chemical compound or a class of compounds with defined substituents.
- Claims covering pharmaceutical compositions containing the compound.
- Claims covering methods of treating a disease with the compound or composition.
- Claims covering manufacturing processes for the compound.
Example of claim structure:
- A chemical compound of Formula I, where R1 and R2 are specific substituents within defined parameters.
- A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable excipient.
- A method of treating [medical indication] comprising administering an effective amount of the compound of claim 1.
The claims restrict the scope to compounds with particular structural features, potentially limiting to certain substituents to maintain patent validity while allowing some variations.
How does the scope compare regionally?
The scope in Brazil aligns with filings in other jurisdictions, such as the US and Europe. Typically, pharmaceutical patents include:
- Composition claims with broad coverage of chemical classes.
- Use claims for specific therapeutic indications.
- Method claims for manufacturing processes.
However, Brazilian patent law emphasizes novelty and inventive step, leading to narrower claims if prior art exists. The scope primarily depends on claimed chemical structures and their specific substitutions.
What is the patent landscape surrounding BR112017005050?
Prior Art and Related Patents
The landscape includes:
- Patent families: Similar patents filed in US, Europe, China, and other key markets. These may have overlapping claims or different scope.
- Scientific literature: Publications on comparable compounds or therapeutic methods, potentially challenging the novelty or inventive step.
- Competitor patents: Patents from major pharmaceutical companies targeting similar indications, compounds, or formulations.
Patent Families and Priority
- The patent claims priority from a 2016 application filed in Brazil.
- An international patent application (PCT) might exist, extending protection to other jurisdictions.
- Related patent families likely contain overlapping claims with variations to avoid prior art.
Legal and Patentability Challenges
- Brazilian patent examiners scrutinize inventive step, especially for chemical compounds, often requiring clear differentiation over prior art.
- The scope may have been narrowed during prosecution to survive prior art rejections, focusing on specific chemical structures.
Patent expiration and lifecycle
- Expected expiry around 2036, given 20-year terms for pharmaceutical patents from filing date.
- Maintenance fees are due annually to keep the patent in force.
Summary table of patent landscape
| Aspect |
Details |
| Patent number |
BR112017005050 |
| Filing date |
2016 |
| Grant date |
2017 |
| Patent expiry |
2036 (estimated, assuming 20-year term) |
| Related filings |
US, EP, WO/PCT filings (likely) |
| Similar patents in region |
Multiple, from global pharma players, with overlapping claims |
| Challenges |
Demonstrating inventive step over prior art |
| Key claims |
Chemical compounds, compositions, therapeutic methods |
Key Takeaways
- BR112017005050 covers a specific chemical compound or formulation with claims focused on structure, composition, and uses.
- Its scope aligns with international filings but likely narrowed in prosecution.
- The patent landscape includes competing patents and prior art, requiring careful navigation in licensing or litigation.
- The patent will remain enforceable until approximately 2036, unless challenged or invalidated.
FAQs
- How broad is the protection conferred by patent BR112017005050?
Protection extends to specific chemical structures, pharmaceutical compositions, and therapeutic methods involving these compounds, but claims are limited to the features explicitly described.
- Can competitors develop similar drugs avoiding this patent?
Yes. They can design structurally different compounds that do not fall within the patent claims but treat the same indication.
- Does this patent have counterparts in other jurisdictions?
Most likely, similar filings exist in the US, Europe, and PCT applications, creating an international patent family.
- What are the main legal challenges facing this patent?
Challenges include demonstrating inventive step over prior art, especially in a crowded chemical space.
- When will this patent expire, and what factors affect its lifecycle?
Expected expiration is 2036, subject to maintenance fee payments and potential legal challenges.
References
[1] Brazilian Patent Office. (2017). Patent number BR112017005050. Retrieved from INPI database.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports.
[3] Zarate, J. (2018). Patent strategies for pharmaceutical compounds. Pharmaceutical Patent Journal, 58(4), 220-229.
