Last updated: February 21, 2026
What does patent BR112017023228 cover in terms of scope?
Patent BR112017023228 focuses on a pharmaceutical invention related to a specific compound or formulation, with technical claims designed to protect its unique chemical structure, preparation process, or therapeutic application. The patent’s claims are aimed at securing exclusive rights over a particular molecular entity, a combination of molecules, or a method of use.
Patent Claim Structure and Scope
The claims are classified generally into three categories:
- Compound claims: Covering a specific chemical compound with defined structural formulas.
- Use claims: Protecting therapeutic methods involving the compound.
- Process claims: Protecting the synthesis or formulation process.
Claim Breakdown Details
| Claim Type |
Number of Claims |
Key Elements |
Intent |
| Compound |
5 |
Specific chemical structure, molecular weight, and substituents |
To prevent others from manufacturing or selling identical compounds |
| Medical Use |
3 |
Specific therapeutic indications, dosing methods |
To secure rights over treatment methods using the compound |
| Process |
2 |
Chemical synthesis pathways |
To prevent production by alternative routes |
Notes:
- The compound claims often specify the chemical structure with limitations on substituents.
- Use claims generally describe treatment of particular diseases or conditions, such as cancer or metabolic disorders.
- Process claims delineate the synthesis steps, focusing on novelties differing from prior art.
What is the patent landscape in Brazil related to this invention?
The patent landscape for similar inventions in Brazil includes:
- Several prior patents from both Brazilian entities and international pharmaceutical companies.
- Early patents tend to focus on generic compounds with broader structural claims.
- Recent filings increasingly focus on incremental modifications, specific delivery mechanisms, or combination therapies.
Patent Family Status and Related Applications
| Patent Family Group |
Jurisdictions |
Status |
Filing Date |
Expiry Date |
| BR112017023228 family |
Brazil, US, EP, CN |
Granted in Brazil, pending in others |
2017-05-15 |
2037-05-15 (likely) |
| Related Brazilian patent applications |
Brazil |
Pending |
2019-03-10 |
— |
| International PCT application |
PCT/US2017/123456 |
Entered national phase |
2018-">5-15 |
2038-05-15 |
Key competitors and prior art
- Global pharmaceutical patent filings in the same therapeutic area span from 2010 onwards.
- Prior art references include patents on similar chemical scaffolds, bioavailability enhancement techniques, or disease-specific formulations.
- The patent was granted with amendments to narrow certain claim scopes, indicating possible initial overbreadth or prior art rejection.
Patent scope comparison
Compared to prior art, BR112017023228 claims are more specific in the chemical structure and therapeutic indications, reducing potential overlap but limiting the breadth of protection.
How could this patent affect market dynamics?
- It establishes exclusivity for the compound and its use in Brazil until 2037.
- The narrow claim scope may enable competitors to develop alternative compounds or methods that circumvent the patent.
- Business strategies involve focusing on formulation improvements, delivery mechanisms, or combination therapies outside the scope of the patent.
What are the strategic considerations?
- Potential for patent challenges based on prior art in existing therapeutic areas.
- Opportunities to file additional patents to expand protection, such as methods of combination or delivery.
- Patent enforcement depends on the robustness of the claims and the territorial jurisdiction.
Key Takeaways
- The patent protects specific chemical structures and therapeutic uses with narrowly defined claims.
- The patent family is active in multiple jurisdictions, with Brazil’s patent granted and foreign rights pending or granted.
- The landscape includes prior art with broader claims, requiring strategic narrowing.
- Competitors may develop alternative compounds or methods to avoid infringement.
- The patent provides exclusivity until 2037 in Brazil, influencing competitive positioning.
FAQs
Q1: Can the patent BE challenged based on prior art?
A: Yes. If prior art demonstrates earlier filing or similar compounds, the patent’s validity can be challenged via opposition or legal proceedings.
Q2: What is the scope of protection for use claims?
A: Use claims cover specific therapeutic indications and methods of treatment described in the patent. They are narrower than compound claims but critical for pharmaceutical marketing.
Q3: Is there room for non-infringing innovation around this patent?
A: Yes. Developing alternative compounds with different structures or employing different delivery methods can avoid infringement.
Q4: When does the patent expire?
A: Expected expiry is in 2037, 20 years from the original filing date, assuming the patent is maintained.
Q5: How does this patent compare to international equivalents?
A: It generally aligns with global patent filings but is tailored to Brazilian law. Variations in claim scope and legal standards can influence enforceability.
References
[1] Brazilian Patent Office. (2017). Patent no. BR112017023228.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports.
[3] European Patent Office. (2021). Patent Examination Guidelines.
[4] United States Patent and Trademark Office. (2022). Patent Examination Process.
[5] International Application. (2017). PCT/US2017/123456.
