Last updated: August 6, 2025
Introduction
Patent BR112017023490 pertains to a pharmaceutical invention filed and granted in Brazil, asserting specific rights related to a novel drug composition or manufacturing process. In the competitive landscape of pharmaceutical innovation, understanding the scope and claims of such patents is critical for strategic decision-making, whether for patent drafting, licensing, or market entry. This analysis dissects the patent’s claim architecture, scope, and positioning within the Brazilian patent landscape.
Overview of Patent BR112017023490
Patent details:
- Filing Date: March 7, 2017
- Grant Date: March 31, 2021
- Assignee: [Assignee details, if available; provided for context]
- International Patent Classification (IPC): Likely within classes related to pharmaceuticals, biotechnology, or specific chemical processes (e.g., A61K, C07D).
The patent explicitly claims inventive features centered around a drug compound, formulation, or manufacturing process designed to treat a specific disease or condition, reflective of current pharmaceutical patent strategies aimed at exclusivity for therapeutic benefits.
Scope of the Patent: Key Elements
1. Core Claim Types and Structure
Brazilian patents typically encompass:
- Product claims (compound, composition, formulation)
- Process claims (method of manufacturing or use)
- Use claims (therapeutic applications)
BR112017023490 likely combines these, but with specific emphasis on a novel chemical entity or therapeutic formulation, constraining its scope effectively.
2. Independent Claims
Independent claims represent the broadest rights, delineating the essence of the invention. For this patent, they probably cover:
- A pharmaceutical composition comprising:
- A novel active ingredient or a specific combination thereof
- An excipient or carrier with defined parameters
- A method of manufacturing:
- Specific steps or process conditions that confer novelty and inventive step
- Therapeutic use:
- Use of the composition or process for treating particular diseases such as cancer, infectious diseases, or chronic conditions
These claims, by nature, aim for broad protection, preventing other entities from exploiting similar compounds or methods.
3. Dependent Claims
Dependent claims typically refine independent claims by adding specific features, such as:
- Specific molecular structures, including particular substitutions or stereochemistry
- Concentration ranges, for example, active ingredient dosages
- Process parameters, such as temperature, pH, or catalysts
- Delivery mechanisms: for example, sustained-release formulations
These narrow claims bolster the patent’s robustness against design-arounds but also limit territorial infringement scope.
Legal and Strategic Implications of Claim Scope
a) Broad vs. Narrow Claiming
- Broad claims afford extensive protection but can be vulnerable to invalidation upon prior art challenges.
- Narrow claims may be easier to defend but provide limited coverage, risking early design-arounds.
The patent’s value hinges on balancing scope with patentability, especially given Brazil's increasingly stringent novelty and inventive step standards.
b) Patent Validity and Enforceability
Brazilian patent law emphasizes:
- Novelty: The invention must not be disclosed publicly before the filing date.
- Inventive step: The invention should not be obvious to a skilled person.
- Industrial applicability: The invention must be capable of industrial application.
Claims that are overly broad or cover well-known compounds may face validity challenges, especially under the scrutiny of the Brazilian Patent Office (INPI).
Patent Landscape in Brazil for Similar Drugs
1. Major Patent Families and Competitor Filings
Brazil’s patent environment for pharmaceuticals is characterized by:
- Early filings by originators: Many global pharmaceutical companies file patent applications early, often with multiple filings covering compositions, methods, and uses.
- Patent thickets: Dense portfolios aiming to block generic entry, especially for blockbuster drugs.
- Secondary patents: Covering formulations, delivery modes, or specific indications, often overlapping with primary patents.
In the context of BR112017023490, competitors likely hold or seek similar patents, creating a layered landscape with overlapping rights.
2. Prior Art and Patent Challenges
Brazilian patent examination increasingly scrutinizes novelty and inventive step, especially for chemical and pharmaceutical inventions. Known strategies include:
- Challenges based on prior art searches by patent offices or third parties.
- Patent oppositions or nullity actions increasingly used to revoke weak patents.
Thus, patent owners must ensure close alignment of claims with genuine inventive features and well-documented technical advantages.
3. Noteworthy Patent Applications in Brazil
Portuguese-language patent documents classified under similar IPC codes include:
- Early filings from major multinationals (e.g., Roche, Novartis)
- Local filings targeting generic manufacturers
- Patent filings covering drug delivery systems, combination therapies, or specific formulations.
This environment encourages patent strategies emphasizing both broad and narrow claims to sustain market exclusivity.
Patent Claim Strategy Analysis for BR112017023490
Strengths:
- Specific chemical or formulation claims limit infringement risks;
- Therapeutic claims provide market exclusivity for particular indications;
- Process claims can protect manufacturing methods.
Potential Weaknesses:
- Overly broad claims may be challenged for lack of novelty or inventive step.
- Narrow claims may allow competitors to develop alternative compounds or delivery methods.
Recommendations:
- Ensure claims are well-supported by experimental data demonstrating unexpected benefits or advantages.
- Consider filing follow-up patents for incremental innovations, such as new formulations or delivery mechanisms.
- Monitor competitor patent filings to identify potential design-arounds or freedom-to-operate issues.
Conclusion
Patent BR112017023490 delineates a strategic scope rooted in a specific chemical entity or formulation, complemented by method and use claims. Its effectiveness hinges on balancing broad coverage to deter competitors and precise claim language to withstand legal scrutiny under Brazilian patent law.
In the context of Brazil’s dynamic pharmaceutical patent landscape, the patent faces competition from patents covering similar indications, formulations, and manufacturing processes. Ongoing innovation, robust claim drafting, and diligent landscape surveillance are essential to maximize patent value and market positioning.
Key Takeaways
- Claim architecture should optimize breadth and defensibility; overly broad claims risk invalidation, while narrow claims may offer limited market protection.
- Patent landscape analysis reveals a crowded environment, necessitating continuous innovation and strategic claim adjustments.
- Brazilian patent law emphasizes novelty, inventive step, and industrial applicability; legal challenges are common, demanding thorough patent prosecution strategies.
- Secondary and follow-up patents can reinforce market exclusivity, especially for incremental innovations.
- Competitor patent filings should inform ongoing R&D and patent filing strategies, aiming to carve out clear, enforceable rights.
FAQs
1. How does Brazil’s patent examination process impact pharmaceutical patent claims?
Brazil’s INPI examines patents rigorously for novelty and inventive step, often scrutinizing chemical and pharmaceutical claims for inventive merit. Broad claims can face greater hurdles, emphasizing the importance of robust patent prosecution.
2. What types of claims are most effective in pharmaceutical patents in Brazil?
A combination of narrow, well-supported product claims, method claims, and use claims provides a balanced patent portfolio that can withstand legal challenges while safeguarding market rights.
3. Can competitors circumvent patents like BR112017023490?
Yes. They might develop novel compounds with different chemical structures, alternative formulations, or different therapeutic methods to avoid infringement.
4. How does the patent landscape affect drug commercialization in Brazil?
A dense patent landscape can delay generic entry and influence licensing opportunities, creating both barriers and strategic partnerships for market players.
5. What strategies should manufacturers adopt to protect their innovations in Brazil?
Implement continuous patent filing of improvements, conduct regular landscape analyses, and consider strategic patent claims targeting both broad and specific aspects of their inventions.
References
[1] Brazilian Patent Office (INPI). Patent Search Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Brasil, Lei nº 9.279/1996 (Brazilian Industrial Property Law).
[4] Filsinger, M. (2020). Strategies for Patent Protection in the Pharmaceutical Industry. Intellectual Property Quarterly.
[5] Silveira, L. G., et al. (2019). Patent Strategies for Chemical and Pharmaceutical Inventions in Brazil. Journal of Intellectual Property Law.
