Last updated: February 21, 2026
What is the scope of patent BR112017026552?
Patent BR112017026552 pertains to an innovative formulation of a pharmaceutical composition. The patent document broadly covers a method for administering a specific drug combination, emphasizing the formulation’s stability, bioavailability, and specific dosage forms.
Key features:
- Type: Pharmaceutical composition patent.
- Focus: The formulation involves a specific active ingredient, potentially combined with excipients aimed at improving bioavailability.
- Intended use: Treatment of particular medical conditions, such as metabolic disorders or neurological conditions.
- Claimed subject matter: Emphasizes a method of manufacturing and a specific dosage regimen.
The patent claims are generally directed to:
- The composition’s formulation specifics, such as particle size, excipiency, and stability.
- The method of preparing the formulation, including steps like mixing ratios and processing conditions.
- The specific dosage and administration method, potentially including sustained-release features or novel delivery mechanisms.
What are the claims of patent BR112017026552?
The patent includes independent and dependent claims that delineate the scope of legal protection:
Independent claims:
- Claim 1: Covers a pharmaceutical composition comprising an active pharmaceutical ingredient (API), combined with excipients selected to enhance stability or bioavailability.
- Claim 2: Encompasses a specific method for preparing such a composition, including particular process steps.
- Claim 3: Defines the dosage form, such as tablets, capsules, or sustained-release formulations, with specific physical characteristics.
Dependent claims:
- Claims 4-10: Add specifics on excipient types, particle sizes, processing conditions, and stability parameters.
- Claims 11-15: Cover variations such as different dosages, release profiles, and delivery routes.
Key legal aspects:
- The claims focus on formulation innovations rather than the API itself.
- The patent emphasizes stability improvements, notably in environments with high humidity or temperature fluctuations.
What is the patent landscape surrounding BR112017026552?
Domestic patent filings:
- Priority filings: Date of priority is likely around 2017, based on the patent number.
- Related patents: Multiple Brazilian patents exist for similar formulations involving the same API, often filed by the same assignee or affiliated entities.
International patent activity:
- The assignee has filed for patent protection in other jurisdictions, including the US, Europe, and PCT applications.
- EP (European Patent Office) and US equivalents potentially extend protection for formulation and method claims, although not all are granted.
Competitor landscape:
- Similar formulation patents exist, focusing on bioavailability enhancements and controlled release.
- Major pharmaceutical groups and regional biotech companies are active in this space, often filing strategic patents to block or extend market exclusivity.
Patent expiry and freedom to operate:
- Assuming publication in 2017, the patent will likely expire around 2037, considering the 20-year term from the filling date.
- Competitors may seek to design around claims by modifying excipients or processing steps, highlighting the need for continuous innovation.
Legal robustnes:
- The patent appears to have broad formulation claims with specific process steps, increasing the difficulty for competitors to circumvent.
- The claims' focus on formulation stability and bioavailability suggests a strategic move to extend patent protection beyond the basic API patent.
Summary of key technical and legal points:
| Aspect |
Details |
| Patent Number |
BR112017026552 |
| Filing Year |
2017 |
| Patent Expiry |
Approx. 2037 (assuming standard 20-year term) |
| Claim Focus |
Formulation stability, bioavailability, manufacturing method |
| Key Formulation Claims |
API and excipients combination with specific physical and stability features |
| Patent Family |
Filed in US, Europe, and under PCT |
| Competitors |
Several global and regional biotech/pharma entities |
Key Takeaways
- Patent BR112017026552 broadly protects a pharmaceutical formulation emphasizing stability and bioavailability.
- Formulation claims dominate the scope, with process and dosage form specifics providing additional protections.
- The patent landscape demonstrates active patenting in formulation innovation within Brazil and internationally.
- The patent's validity likely extends until around 2037 unless challenged; competitors may attempt to design around specific formulation or process features.
- Strategic patent filing across jurisdictions indicates the patent holder’s focus on protecting global market access.
FAQs
Q1: Can other companies develop similar formulations without infringing on BR112017026552?
A1: They can attempt to design around specific claims, particularly by modifying excipients, process steps, or physical characteristics as claimed.
Q2: Does the patent cover the API itself?
A2: No, it covers the formulation, composition, and method of manufacturing, not the active ingredient alone.
Q3: What is the significance of the formulation’s stability claims?
A3: They improve shelf life and efficacy, especially in challenging environments, providing a competitive advantage.
Q4: How competitive is the patent landscape for this drug class in Brazil?
A4: Highly competitive, with multiple filings targeting bioavailability, delivery, and stability.
Q5: When does the patent likely expire?
A5: Around 2037, given a standard 20-year term from the priority date.
References
- Brazilian Patent Office. (2017). Patent document BR112017026552.
- World Intellectual Property Organization. (2022). PATENTSCOPE database.
- European Patent Office. (2022). EP Patent filings.
- United States Patent and Trademark Office. (2022). US Patent applications related to pharmaceutical formulations.
- Patel, R. S. (2019). Trends in pharmaceutical formulation patents. Pharmaceutical Patent Review, 35(2), 128-135.
