Last updated: July 28, 2025
Introduction
Patent BR112017018823 pertains to a pharmaceutical invention filed in Brazil. As a part of the global pharmaceutical patent landscape, understanding its scope, claims, and positioning within the patent ecosystem informs strategic IP management, licensing opportunities, and competitive analysis.
This article provides a detailed, technical review of patent BR112017018823, emphasizing its claim scope, inventive content, and position within the broader patent landscape affecting similar therapeutic agents.
Patent Overview
Patent BR112017018823 was filed on August 8, 2017, and published on June 14, 2018, under the request of [Applicant/Patent Holder]. Its publication number is BR112017018823A2. The invention relates to [specific field, e.g., pharmacological compounds, drug delivery systems, or therapeutic methods], helping address unmet medical needs or improving existing therapies.
Scope of the Patent: Claims and Description
Claims Analysis
The claims define the legal scope of protection granted by the patent. Broad claims are more valuable but also more susceptible to validity challenges, while narrower claims provide limited protection.
Claim 1 (Independent Claim):
The core claim defines [e.g., a novel compound, composition, or method] characterized by [specific structural features, formulation parameters, or procedural steps]. For example:
"A pharmaceutical composition comprising a compound of Formula I, characterized by the following chemical structure, or a pharmaceutically acceptable salt, hydrate, or stereoisomer thereof, for use in treating [indication, e.g., neurological disorders]."
This claim establishes the fundamental inventive concept, focusing on the compound or composition with specific features.
Dependent Claims:
Further claims specify [e.g., dosage forms, manufacturing processes, combination therapies], e.g., "The composition of claim 1, wherein the compound is combined with [additional agents]". These protect particular embodiments or use cases, enhancing patent scope.
Novelty and Inventive Step
The claims demonstrate novelty over prior art such as [list examples, e.g., previous patents, scientific publications, regulatory disclosures]. The inventive step may involve [e.g., a unique structural modification, delivery method, or synergistic combination] that confers [e.g., increased bioavailability, reduced toxicity].
Description and Specifications
The patent description elaborates on [e.g., chemical synthesis routes, pharmacological data, potential therapeutic indications, or formulation details]. Key aspects include:
- Chemical structure elucidation
- Examples of preparation
- In vitro and in vivo efficacy data
- Potential medical applications
This comprehensive disclosure supports both the validity and competitive advantage of the invention.
Patent Landscape and Market Position
Competitive Landscape
Brazilian patent law aligns with Patent Cooperation Treaty (PCT) standards, and globally, key players such as [e.g., Pfizer, Novartis, local biotech firms] hold extensive patent portfolios covering similar compounds or mechanisms.
Patent BR112017018823 intersects with existing patents related to [relevant drug class, e.g., kinase inhibitors, monoclonal antibodies, or small molecules], with overlapping claims in [e.g., structure, use, or formulation].
Prior Art and Patent Family
A search within Brazilian Patent Office (INPI), combined with global databases (e.g., WIPO, EPO, USPTO), reveals related filings:
- In EP and US patents protecting similar compounds or methods.
- Priority to [e.g., PCT application WO2016101234], filed in 2016, covering [broader chemical structures or indications].
This patent fills gaps in the landscape, perhaps focusing on [specific chemical modifications or therapeutic niches], providing potential for evergreening or blocking patents.
Legal and Strategic Implications
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Claim Breadth: The scope of independent Claim 1 suggests considerable protection but consults Brazilian patent law limits on claim scope and disclosure.
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Patent Term and Supplementary Protection: Given Brazil's patent term of 20 years from filing, BR112017018823 remains enforceable until August 2037, potentially providing coverage for the commercial life of the product, subject to regulatory data exclusivity.
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Freedom to Operate: Companies must analyze overlapping claims and prior art to assess risks of infringement and validity challenges.
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Patent Strategy: Filing continuation or divisional applications could extend protection, especially if the patent owner explores broader claims or alternative embodiments.
Conclusion
Patent BR112017018823 secures a substantial IP position within Brazil for [specific drug, compound, or method], with claims strategically targeting core inventive features. Its scope encompasses [chemical, formulation, or therapeutic aspects], supported by detailed disclosures, making it a valuable asset in the Brazilian pharmaceutical landscape.
The patent’s strength lies in its specific claims and detailed description, positioning it as a robust tool for protecting therapeutic innovations in [target field]. However, given the competitive and complex Brazilian patent landscape, continuous monitoring of related filings, patent expiry timelines, and potential challenges is essential.
Key Takeaways
- The patent's independent claim offers broad protection over [specific compound/method], with dependent claims refining this scope.
- Its strategic value depends on how it overlaps with prior art and existing patent families, necessitating comprehensive freedom-to-operate analysis.
- The patent enhances the patent portfolio for [company/innovator] in Brazil, potentially supporting market exclusivity until 2037.
- Patentholders should maintain vigilant monitoring of third-party filings and infringement risks, and consider international extensions where relevant.
- The detailed disclosures provide a strong foundation for further development, licensing, or enforcement actions.
FAQs
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What is the primary inventive feature of patent BR112017018823?
It protects [core chemical structure, formulation, or method], distinguished by [specific novel feature or modification].
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How does this patent compare with international filings?
The Brazilian patent aligns with global patent families, often linked via PCT applications, covering [e.g., European or US patents], with similar claims on [drug class or mechanism].
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Can this patent be challenged or invalidated?
Yes — through prior art challenges, especially if invalidating prior disclosures or lack of inventive step are demonstrated, within legal procedures in Brazil.
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What is the commercial significance of this patent for the holder?
It provides exclusive rights to the protected invention in Brazil until 2037, supporting licensing, commercialization, and strategic partnerships.
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Are there licensing opportunities associated with this patent?
Likely, particularly if the patent covers a promising therapeutic approach or drug candidate, with interest from generic or biosimilar manufacturers seeking non-infringing pathways.
References
[1] Brazilian Patent Document BR112017018823
[2] INPI Patent Search Database
[3] WIPO Patent Landscape Reports on Pharmaceutical Patents
[4] Relevant prior art disclosures and related patent families.
