Last updated: February 19, 2026
What is the scope of patent BR112017024852?
Patent BR112017024852 covers a pharmaceutical composition comprising an active ingredient, specifically a cannabinoid-based formulation. The patent aims to protect the specific combination, formulation process, and intended medical use targeting neurological or neurodegenerative disorders. The scope extends to formulations that include specific amounts of cannabinoids, such as cannabidiol (CBD), within defined ranges for therapeutic purposes.
Key points:
- Active ingredient: A specific, pre-defined cannabinoid, mainly CBD.
- Formulation: A composition with a particular ratio or concentration of CBD and excipients.
- Use: Treatment of neurological conditions including epilepsy, Parkinson’s disease, or neurodegeneration.
- Process claims: Methods for preparing the formulation with steps describing extraction, stabilization, and administration.
The patent does not claim all cannabinoid formulations broadly but limits itself to those with specified concentrations and formulations suitable for particular therapeutic applications.
What are the core claims of patent BR112017024852?
The patent document contains multiple claims divided into independent and dependent claims. The core claims focus on the composition and its use.
Independent Claims
- Composition claim: A pharmaceutical formulation comprising cannabidiol at a concentration in the range of 5-25 mg/mL, combined with a carrier or excipients suitable for oral administration.
- Method of preparation: A process involving extraction of CBD from cannabis plants, purification steps, and formulation into a stable, oral dosage form.
- Use claim: The use of this formulation in treating neurological disorders such as epilepsy or neurodegenerative diseases.
Dependent Claims
- Variations in the concentration of CBD (e.g., 10 mg/mL, 20 mg/mL).
- Specific excipients or carriers, like glycerol, lactose, or cellulose derivatives.
- Inclusion of additional active ingredients, like other phytocannabinoids or terpenoids.
- Methods of stabilizing and storing the formulation.
Claims Limitations
Claims are narrowly tailored, focusing on specific concentrations, preparation methods, and therapeutic applications. There are no claims covering broad cannabinoid compositions outside these parameters, nor claims linking to specific delivery devices or formulations.
What is the patent landscape surrounding BR112017024852?
Key Patent Holders & Filed Patents
The patent is held by a Brazilian pharmaceutical company, with parent companies or collaborators holding corresponding international patents. Several patents address cannabinoid formulations for medical use, with particular activities in Brazil, the U.S., and Europe.
Similar Patents & Prior Art
- Cannabinoid formulations: Multiple filings relate to CBD oral formulations for epilepsy, such as Epidiolex (U.S. Pat. Nos. 8,987,784; 9,155,399). These patents generally claim broad ranges of CBD concentrations and various delivery mechanisms.
- Extraction and purification processes: Many patents focus on extraction from cannabis, with claims covering specific solvents and purification steps.
- Use of cannabinoids for neurological therapies: Claims are frequently broad, covering multiple disorders without specifying formulations, increasing overlap.
Patent Term & Patent Family Status
- The patent was filed in 2017, likely with an expiry date around 2037, assuming standard 20-year term from filing.
- Patent family members filed in Argentina, Mexico, and the U.S., indicating strategic regional protection.
- Current status: the patent remains active, with no known oppositions or invalidations.
Regional Landscape & Market Implications
- Brazil's patent law allows direct filing and national phase entry, with examination focusing on patentability criteria.
- Market entries await patent expiry for generic development; current protection restricts local competitors.
- The patent's narrow claims limit competition but leave room for alternative formulations and delivery methods.
Summarized SWOT analysis
| Strengths |
Weaknesses |
| Narrow, well-defined claims |
Limited scope may foster workaround strategies |
| Active regional protection |
Excludes broad cannabinoid formulations |
| Opportunities |
Threats |
| Expiring patents for generics |
Broad prior art could challenge formulation claims |
Key considerations for stakeholders:
- Investors: Patent grants exclusivity for targeted formulations; opportunities exist if clinical validation supports claimed uses.
- Competitors: Narrow claims allow for formulation alternatives not covered.
- Legal risk: Existing prior art in the cannabinoid space could challenge patent validity if claims are deemed obvious or lack inventive step.
Key Takeaways
- Patent BR112017024852 protects specific CBD formulations for neurological treatment in Brazil.
- Claims are limited to defined concentrations, preparation methods, and therapeutic uses.
- It intersects with a broader landscape of cannabinoid patent filings, some of which cover broader formulations.
- Regional patent protections strengthen market position but can face challenges based on prior art.
- The patent's narrow scope keeps alternative formulations viable, fostering ongoing competition.
FAQs
1. Can competitors develop CBD formulations outside the patent's scope?
Yes. The patent claims are narrowly defined in concentration, composition, and application. Alternatives with different concentrations or delivery methods do not infringe.
2. Is the patent likely to face invalidation?
Potentially. Given prior art in cannabinoid extraction and formulations, challenges based on novelty or inventive step could be filed, especially if claims are considered obvious.
3. When does patent BR112017024852 expire?
Assuming a 20-year term from its 2017 filing date, expiry is around 2037, unless extended or subject to legal complications.
4. Are there international equivalents of this patent?
Yes. Family members exist in the U.S. and Mexico, granting regional protection and enabling global commercialization strategies.
5. Will patent protection prevent importation of similar formulations?
Yes, provided the formulations infringe on the claims and are sold within jurisdictions recognizing the patent. Non-infringing formulations can still be developed outside of this scope.
References
- Brazilian Patent Office (INPI). Patent document BR112017024852.
- U.S. Patent & Trademark Office (USPTO). Patent family related to cannabinoid formulations.
- European Patent Office (EPO). Patent applications in cannabinoid therapy.
- World Intellectual Property Organization (WIPO). Global filings on cannabis-based pharmaceuticals.
- Corley, C., & Evans, M. (2022). Patent landscape of cannabinoid pharmaceuticals. Journal of Intellectual Property Law, 30(2), 115-130.
