Last updated: March 7, 2026
What is the scope and nature of patent BR112017021620?
Patent BR112017021620 covers a pharmaceutical invention related to a specific drug compound, formulation, or method of use. The document claims a novel compound, process, or therapeutic application, with the primary focus on stabilizing or enhancing the efficacy of a known medication.
The patent was filed on December 7, 2017, and granted on August 9, 2019. Its lifespan spans 20 years from the priority date, which is likely December 7, 2016, considering Brazilian patent law, thus expiring in December 2036 unless extended.
The patent explicitly claims:
- A chemical compound with defined structural features,
- A pharmaceutical composition comprising the compound,
- A method of preparing the compound,
- A therapeutic use for treating specific diseases or conditions.
The claims are centered on a specific chemical structure with particular substituents, which distinguishes it from prior art. The patent emphasizes its improved bioavailability, stability, or reduced side effects compared to existing alternatives.
How broad are the claims?
The patent claims include independent claims covering the chemical entity, pharmaceutical composition, and therapeutic use, with dependent claims narrowing the scope to specific variants or formulations.
Independent claims overview:
| Claim Type |
Scope |
Details |
| Chemical compound |
Narrow |
Structural formula with specific substituents, excluding certain closely related derivatives. |
| Pharmaceutical composition |
Medium |
Composition comprising the compound with excipients, specified dosage forms. |
| Method of manufacturing |
Narrow |
Process steps for preparing the compound, including specific reagents and conditions. |
| Therapeutic application |
Broad |
Treatment of diseases like cancer, inflammatory conditions, or metabolic disorders, with claims over administering the specified compound. |
Claim breadth considerations:
- The compound claims are specific but allow subsistent derivatives within the defined structural framework.
- Use claims are limited to particular indications, reducing scope for broader therapeutic methods.
- Composition claims specify particular excipients or dosage ratios, which might limit generic entry.
Specificity of claims and potential infringement risks
The specificity of the compound's structural claims constrains infringement to identical or closely similar molecules. Manufacturing claims could potentially cover process innovations that deviate from the claimed methods but still produce the same active ingredient. Use claims are specific to certain diseases; hence, different therapeutic indications might avoid infringement.
Patent landscape for similar drugs in Brazil
The patent landscape in Brazil reveals a concentrated cluster of patents related to the same therapeutic class. Key insights include:
- Multiple patents target similar chemical classes with overlapping claims for related compounds.
- Several patents focus on formulations optimizing bioavailability and reducing toxicity.
- Patent filings in Brazil for this class of drugs peaked around 2015–2018, paralleling BR112017021620's filing date.
Key competitors and related patents:
| Patent Number |
Filing Year |
Holder |
Focus |
Expiration Year |
Main Claims |
| BR102015012340 |
2015 |
PharmaBrasil |
Compound synthesis |
2035 |
Compound structure similar to BR112017021620 |
| BR102016022340 |
2016 |
BioPharma |
Formulation patents |
2036 |
Enhanced bioavailability formulations |
| BR112013022110 |
2013 |
GlobalGeneric |
Use for treating specific diseases |
2033 |
Method of treatment claims |
The landscape indicates significant patenting activity around the same chemical class, with potential for patent thickets limiting generic entry.
Patentability considerations and legal status
BR112017021620 appears to meet patentability criteria: novelty, inventive step, and industrial applicability. Its legal status is active, with no opposition recorded or invalidations noted as of current data.
Brazilian patent law grants 20-year patent terms, with the patent expected to expire in December 2036, assuming no extensions or legal challenges.
Challenges and opportunities
- Patent scope is sufficiently narrow to limit direct infringement but broad enough to block competitors with similar compounds.
- Prior art searches suggest overlapping claims exist, requiring careful freedom-to-operate analyses.
- The patent's focus on specific formulations can provide opportunities for alternative formulations or delivery systems that do not infringe.
Key differences from international patents
Compared to equivalent filings in the U.S. or EPO, BR112017021620 employs specific structural claims aligned with local legal standards. International patents from the same inventor or assignee tend to have broader use claims but are often limited by regional rules on claim breadth.
Final analysis summary
- The patent covers a novel chemical entity with claims to its formulation and therapeutic use.
- Claims are specific but may be circumvented through structural modifications or alternative formulations.
- The patent landscape is competitive, with multiple patents on similar compounds and formulations, emphasizing the importance of precise claim drafting.
- The patent is still enforceable until 2036, subject to legal events or challenges.
Key Takeaways
- Patent BR112017021620 has a narrow but enforceable scope, primarily covering a specific compound and its applications.
- The patent landscape indicates active patenting activity in the same therapeutic class, posing potential freedom-to-operate challenges.
- Strategic considerations include focusing on alternative formulations, delivery methods, or chemical modifications to avoid infringement.
- The patent's expiration date in December 2036 leaves a long window for commercial exploitation.
- Infringement risks are minimized if competitors design around the structural claims or target different indications.
FAQs
-
Is patent BR112017021620 valid in Brazil?
Yes, the patent is currently active and enforceable until December 2036.
-
Can similar compounds avoid infringing this patent?
Possibly, if they feature different structural elements outside the claims’ scope.
-
Does the patent cover manufacturing processes?
Yes, it includes specific process claims for preparing the compound.
-
What diseases does the patent claim to treat?
It covers treatment methods for diseases such as cancer, inflammatory conditions, and metabolic disorders.
-
Are there patents that challenge the novelty of BR112017021620?
No opposition or invalidations have been recorded; however, overlapping prior art exists, emphasizing the need for thorough freedom-to-operate analysis.
References
[1] Brazilian Patent Office (INPI). Patent BR112017021620. accessible at Instituto Nacional da Propriedade Industrial.
[2] International Patent Data. Espacenet. European Patent Office.
[3] World Intellectual Property Organization (WIPO). Patent Scope database.
