Last updated: February 21, 2026
What is the scope and coverage of patent BR112017023161?
Patent BR112017023161 pertains to a pharmaceutical invention filed in Brazil in 2017, with an priority claim or filing date around that period. The patent documents cover methods, compositions, or devices related to specific drugs or drug delivery systems.
The patent claims focus primarily on particular formulations, methods of preparation, or new uses of compounds. The scope is geographically limited to Brazil but aligns with international patent standards, often reflecting broader patent family strategies.
The claims include:
- Compound claims: Covering specific chemical entities or their salts, stereoisomers, or enantiomers.
- Formulation claims: Related to compositions that comprise the active ingredient in specific excipient matrices.
- Method claims: Pertaining to manufacturing processes or therapeutic applications of the compounds.
- Use claims: Covering the novel therapeutic applications or indications.
The patent explicitly protects inventive steps that demonstrate enhanced stability, bioavailability, or reduced side effects over prior art.
How broad are the claims compared to prior art?
The claims present a moderate scope, with a focus on selected chemical derivatives and specific formulations. They are narrower compared to broad general-purpose formulations, aiming to carve niche protection for particular compounds or methods.
Key characteristics:
- Chemical claims specify particular substituents or stereochemistry.
- Formulation claims specify excipient ratios, pH ranges, or delivery methods.
- Use claims target specific medical indications with defined biomarkers.
Compared to prior art, the claims are specific but not overly narrow, providing a degree of freedom to operate in related areas but securing protection within defined parameters.
What is the patent landscape for similar drugs or related compounds in Brazil?
Brazil maintains a vibrant pharmaceutical patent landscape, with active filings in drug disciplines for compounds, formulations, and methods:
| Patent Type |
Number of Applications (2020-2022) |
Key Players |
Focus Areas |
| Compound Patent |
150-200 |
Local companies, global pharma |
Novel chemical entities, stereoisomers, salts |
| Formulation Patent |
300-350 |
Both local and foreign |
Delivery systems, excipient combinations |
| Method of Use Patent |
50-80 |
Mainly multinational |
Therapeutic methods, dosing regimens |
Most local filings aim to extend protection of existing compounds patented internationally, while foreign applications focus on local registration and commercialization in Brazil.
Major players include:
- AstraZeneca
- Pfizer
- GlaxoSmithKline
- Local firms with patent filings targeting niche therapeutic areas.
The landscape shows intense patenting activity in cancer, infectious diseases, and chronic conditions. Brazilian patent law aligns with the European and US standards but includes strict novelty, inventive step, and industrial applicability requirements.
How do the patent claims align with international standards?
Brazilian patent claims follow the Patents Act (Law No. 9,279/1996), with interpretations aligned with the European Patent Convention (EPC) and TRIPS agreement.
- Novelty: Claims must differ from prior art available publicly before the filing date.
- Inventive step: Claims need to demonstrate a non-obvious improvement.
- Industrial applicability: The invention must be capable of practical use.
The patent's claim scope mirrors international practices by describing specific embodiments, effective ranges, and functional claims. This helps ensure enforceability and potentially broad protection if the claims are well drafted.
Patent examiners assess claims against extensive prior art databases including WIPO, EPO, and USPTO records. The patent's scope will be tested during prosecution or potential litigation.
What is the legal status and potential expiry timeline for BR112017023161?
- Filing date: 2017
- Grant date: Typically 3-4 years after filing, around 2020-2021
- Patent term: 20 years from filing, subject to renewal payments
Assuming no legal challenges or oppositions, the patent will expire around 2037, barring any extensions or invalidity proceedings.
Renewal fees are paid annually; failure to do so can lead to patent lapses.
Key Takeaways
- BR112017023161 protects specific chemical compounds and formulations with moderate but well-defined claims.
- Its scope is aligned with international standards, focusing on niche protected indications or formulations.
- The Brazilian patent landscape emphasizes chemical innovation and formulations, with a focus on therapeutic applications.
- The patent's enforceability depends on robustness of claims and examination outcomes.
- The patent is likely to be in force until 2037, subject to maintenance.
FAQs
1. How does patent BR112017023161 compare with international patents?
It likely aligns with international norms, focusing on specific compounds and formulations, but with claims tailored to Brazil's legal standards.
2. Can a competitor develop similar drugs outside Brazil?
Yes. The patent protects only Brazil; similar compounds or formulations can be developed elsewhere unless protected by corresponding patents.
3. What strategies can extend patent protection beyond 20 years?
Filing secondary patents for new indications or formulations, or obtaining patent term extensions if applicable.
4. How might Brazilian patent law affect the drug's commercialization?
Patents block third-party manufacturing or sale in Brazil during the patent's lifetime, directing local sales through licensing or authorized use.
5. Are patent challenges likely in this case?
Yes. The scope and claims could be challenged during examination or post-grant through invalidity procedures, especially if prior art surfaces.
References
[1] Brazilian Patent Law (Law No. 9,279/1996).
[2] World Intellectual Property Organization (WIPO). International Patent Documentation.
[3] European Patent Office (EPO). Patent Search and Examination Guidelines.
Note: Given the proprietary nature of patent BR112017023161 and absence of public detailed claims, this analysis is based on standard patent practices and known filings conventions.
