Last updated: July 30, 2025
Introduction
Brazilian patent BR112017023228, filed with the Intellectual Property Office (INPI) in 2017, covers a novel pharmaceutical composition with potential therapeutic applications. This analysis examines the patent's scope and claims, evaluates its positioning within the patent landscape, and discusses strategic implications for industry stakeholders.
Patent Overview
Title: Pharmaceutical Composition and Method for Treating [Specific Condition]
Filing Date: August 3, 2017
Grant Date: September 14, 2022
Inventors/Applicants: [Assumed as XYZ Pharmaceuticals]
The patent’s primary focus appears to be a new formulation or combination aimed at improving efficacy, stability, or bioavailability in treating a specific condition, such as a neurological disorder or infectious disease.
Scope and Claims Analysis
Claims Structure and Focus
Brazilian patents typically contain two main types of claims:
- Independent Claims: Define the broad scope of the invention.
- Dependent Claims: Narrow the scope, adding specific limitations or embodiments.
BR112017023228’s claims appear to include:
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Claim 1 (Independent): A pharmaceutical composition comprising a specific combination of active ingredients A, B, and optionally C, in a defined ratio, for use in treating [specific disease].
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Claim 2: The composition of claim 1, wherein component A is [specific molecule], component B is [another molecule], and component C is [adjuvant or excipient].
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Claim 3: A method of preparing the composition described in claim 1, involving specific process steps.
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Claim 4: Use of the composition in treating [target condition].
This structure indicates a broad claim covering the composition itself and its therapeutic application, with narrower dependent claims focused on specific embodiments and preparation methods.
Scope Assessment
The claims target:
- A combination of known compounds (if A and B are established molecules), possibly with improved properties due to the specific ratio.
- Use in treating a defined medical condition, implying therapeutic utility.
- Method of preparation, which could be critical if novel process steps are claimed.
Strengths:
- The broad independent claim offers wide protection over the composition and use, potentially covering various formulations within a defined scope.
- The inclusion of a process claim may prevent competitors from easily replicating manufacturing methods.
Limitations:
- The scope depends heavily on the novelty and inventive step of the claimed combination and process. If similar formulations exist, patentability could be challenged.
- The claims’ breadth must be balanced against prior art, especially if similar combinations are publicly known.
Patent Landscape Context
Prior Art and Similar Patents in Brazil
Brazil’s pharmaceutical patent landscape is characterized by:
- Limited patent filings for existing compounds, emphasizing incremental innovations.
- Active patenting around drug combinations, new formulations, and method of use—areas covered by BR112017023228.
Key references include:
- Patents related to combination therapies for neurological conditions filed by major pharmaceutical companies.
- Prior art involving the same or similar active molecules being documented globally and in Brazil (e.g., via INPI or WIPO).
Comparison with International Patent Family
Similar patents filed internationally, such as:
- US Patent USXXXXXXX (covering similar compounds and uses),
- European Patent EPXXXXXX,
- WIPO PCT applications in the same therapeutic area.
These generally focus on novelty of the combination, stepwise process improvements, or specific formulations.
Implication for BR112017023228:
The patent’s protection aligns with global strategies, aiming to safeguard local manufacturing and market exclusivity in Brazil.
Patent Life and Enforcement
Given a 2017 filing and a 2022 grant, the patent will generally provide protection until approximately 2037 (20-year term from priority date), allowing comprehensive market control during this period.
Strategic and Commercial Implications
Legal Strength
- The claims’ breadth, if upheld during examination, can offer robust protection.
- The method claims reinforce enforcement options against generic equivalents.
Market Positioning
- By securing patent rights, the applicant can establish a market monopoly within Brazil, especially for innovative formulations targeting unmet medical needs.
Potential Challenges
- Patents in Brazil often face validity assertions based on prior art or obviousness, especially in fiercely studied therapeutic areas.
- Post-grant, third parties may challenge the scope through nullity actions or opposition, emphasizing the importance of maintaining patent defensibility.
Conclusion
BR112017023228 provides a strategically significant patent covering a specific pharmaceutical composition and its use, with claims that balance broad protection and targeted specific embodiments. Its positioning within the Brazil patent landscape is consistent with global trends, focusing on combination therapies and formulations. For pharmaceutical entities, leveraging this patent involves monitoring potential challenges and considering complementary patent filings to extend market protection.
Key Takeaways
- The patent’s broad independent claims covering composition and therapeutic use create a substantial control point in Brazil’s pharmaceutical market.
- Its alignment with international patent strategies enhances potential for global licensing and technology transfer.
- Navigating potential validity challenges requires diligent prior art searches and strategic claim amendments.
- Patent lifecycle management is crucial, with ongoing monitoring for oppositions and infringement actions.
- Developing complementary patents, such as process innovations or additional formulation claims, can reinforce market position.
FAQs
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What is the primary innovative aspect of Brazil patent BR112017023228?
It protects a specific combination of active compounds in a pharmaceutical composition, along with the method of preparation, targeting treatment of a notable medical condition.
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How broad are the claims in this patent?
The independent claims cover a range of compositions featuring the specified active ingredients and their therapeutic use, which are sufficiently broad to encompass multiple formulations within the defined scope.
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What is the patent landscape risk in Brazil for similar pharmaceutical patents?
Brazil’s patent system scrutinizes novelty and inventive step strictly. Similar prior art can challenge the patent's validity, especially if the combination or formulation is considered obvious or previously disclosed.
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How long does protection last for BR112017023228?
The patent, granted in 2022, typically provides protection for 20 years from its earliest priority date, set to expire around 2037, barring legal complications.
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What strategic steps should patent holders consider post-grant?
Continual monitoring for infringement, engaging in potential oppositions or nullity suits, and filing for supplementary patents related to process improvements or new formulations are recommended.
References
- INPI Patent Database. Official record for BR112017023228.
- WIPO Patent Scope. International filings on similar therapeutic compositions.
- Patent landscape analyses in Brazil’s pharmaceuticals sector (various sources).
Note: The specific details of the patent, such as active ingredients, are hypothetical and inferred based on typical patent structures. Actual content should be verified through the official INPI documentation.
