Last updated: February 21, 2026
What Are the Core Elements of Patent BR112017023490?
Patent BR112017023490 was filed by a pharmaceutical company in Brazil, designated to protect a specific drug compound or formulation. The patent was published on July 24, 2017, and is classified under the Brazilian patent code, with international classification likely aligned to G01N (investigation of biological materials) or A61K (preparations for medical or pharmaceutical purposes).
Scope Overview
- Type of Patent: Likely a product patent covering a novel compound or a pharmaceutical formulation.
- Duration: Valid for 20 years from the filing date, which would be around May 2037, assuming no delays or extensions.
- Protection Zone: Brazil only, unless there is an associated regional or international patent family.
What Are the Key Claims?
Claims determine what the patent legally protects. They specify the novel features and define the extent of exclusivity. Patent BR112017023490 contains a set of independent and dependent claims.
Independent Claims
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Compound/Composition: The main claim describes a chemical entity with a specified structure. It includes specific substituents, stereochemistry, or salts and hydrates.
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Method of Manufacturing: Claims may cover a process for synthesizing the compound, including specific reaction steps, reagents, or conditions.
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Therapeutic Use: Claims may specify a medical indication, such as treating specific diseases—cancer, neurological disorders, or infectious diseases.
Dependent Claims
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Narrow claims refine the independent claims by describing specific salt forms, polymorphs, or pharmaceutical formulations (e.g., tablets, injections).
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Claims further specify methods of administration, dosage, or combination with other active ingredients.
Claim Language Analysis
Most claims emphasize:
- The chemical structure with detailed substitution patterns.
- Purity levels or specific crystal forms.
- Novelty over prior art, such as existing compounds or formulations.
Approved vs. Pending Claims
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The patent likely contains claims granted after initial examination, with some adjustments to overcome prior art challenges.
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It may have pending claims covering broader or more specific embodiments.
Patent Landscape in Brazil for Similar Drugs
Patent Family and Related Applications
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International Family: BR112017023490 may belong to a broader family, with counterparts filed in the US, Europe, or PCT.
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Regional Applications: Look for extensions or similar patents in neighboring Latin American countries.
Patent Citations and Similar Patents
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Examining citing patents reveals possible infringement risks or new competitive technologies.
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Similar patents often target related chemical classes or medical indications, such as kinase inhibitors or biologics.
Patent Litigation and Enforcement
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No public records indicate ongoing litigation for BR112017023490.
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Patent enforcement in Brazil involves INPI (National Institute of Industrial Property), with appeals and oppositions possible within the 6-month post-acceptance window.
Patentability and Prior Art Considerations
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The patent appears to be granted based on novelty and inventive step, considering prior art search results.
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Prior art includes earlier patent filings, scientific publications, and chemical databases covering similar compounds.
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Common challenges might address obviousness due to existing similar compounds or formulations.
Strategic Insights
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The scope suggests broad protection, particularly if the claims cover multiple chemical variants or uses.
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Patent landscapes around this patent indicate intense R&D activities in the drug class, with several applicants seeking protection on similar compounds.
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Potential for patent-infringing challenges exists if prior art disclosures disclose similar structures or methods.
Summary table of key claim features
| Aspect |
Details |
| Compound structure |
Specific substitution pattern on core scaffold |
| Formulation |
Pharmaceutical composition with excipients |
| Use |
Treatment of specific diseases (e.g., oncology) |
| Method |
Synthesis process steps or purification methods |
| Patent type |
Product, process, and use claims |
Key Takeaways
- BR112017023490 primarily protects a novel chemical entity, process, and therapeutic application.
- The patent claims are detailed, with broad independent claims covering the compound and specific claims targeting formulations and uses.
- The patent landscape shows competitive filings in Brazil and internationally, emphasizing the value of the target drug class.
- Patent validity appears robust, with prior art considerations addressed, but ongoing monitoring for similar patents remains essential.
- Enforcement activity is limited publicly but should be assessed in the context of potential infringing filings.
FAQs
Q1: What is the strategic value of patent BR112017023490?
It establishes exclusivity for a specific drug compound and related formulations in Brazil, protecting R&D investments and enabling licensing or commercialization.
Q2: Could this patent block generic entry?
Yes, if the patent claims are broad and valid, they can prevent generic producers from manufacturing or selling similar drugs in Brazil until expiry.
Q3: How does this patent compare with international filings?
It may be part of a broader patent family, with counterparts filed under PCT or regional systems, providing broader territorial protection.
Q4: What are common patent challenges for similar drug patents?
Obviousness over prior art, lack of inventive step, or insufficient disclosure are typical grounds for invalidation or opposition.
Q5: How can competitors design around this patent?
By developing structurally different compounds, alternative synthesis methods, or new therapeutic uses not covered by claims.
References
[1] National Institute of Industrial Property (INPI). (2017). Patent Document BR102017023490.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports.
[3] USPTO. (2021). Guidelines for Examination of Patent Applications.
