Last updated: February 21, 2026
What is the scope of patent BR112018072401?
Brazil patent BR112018072401 was filed on August 6, 2018, and granted on March 3, 2022. The patent is titled "Combination of a kinase inhibitor with a chemotherapeutic agent." It covers a pharmaceutical composition comprising a specific kinase inhibitor combined with a chemotherapeutic agent for cancer treatment. The patent claims cover both the composition and its use in treating various cancers.
The patent scope encompasses:
- Specific kinase inhibitors (e.g., inhibitors of the PI3K/AKT/mTOR pathway).
- Use of these inhibitors in combination with chemotherapeutic agents like taxanes or platinum compounds.
- Methods for treating cancer by administering the composition.
- Pharmaceutical formulations and dosages.
The claims explicitly include methods of treatment, pharmaceutical compositions, and methods of making these compositions, with an emphasis on the combination therapy for cancers such as breast, lung, and colon.
What are the key claims of patent BR112018072401?
Independent Claims
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Composition claim:
The patent claims a pharmaceutical composition comprising a kinase inhibitor selected from a defined group (e.g., specific PI3K, mTOR inhibitors) and a chemotherapeutic agent, such as paclitaxel, cisplatin, or similar compounds.
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Method of treatment claim:
A method of treating cancer involving administering an effective amount of the composition to a subject in need. The method specifies tumor types, dosage regimes, and possible administration routes.
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Preparation claim:
A process for preparing the pharmaceutical composition involving combining the kinase inhibitor with the chemotherapeutic agent under defined conditions.
Dependent Claims
Dependent claims specify particular kinase inhibitors (e.g., idelalisib, pictilisib), chemotherapeutic agents, dosage forms, and dosing schedules, including specific concentration ranges and treatment durations.
Claim Language and Scope Breadth
The claims iterate through specific combinations and uses but aim to cover broader therapeutic applications within cancer treatments. Limitations mainly focus on the particular kinase inhibitors and chemotherapeutic agents identified.
How does the patent landscape look for this area in Brazil?
Patentability Prior Art
The patent examined prior art mainly includes:
- Previous patents on kinase inhibitors for cancer.
- Combination therapies involving kinase inhibitors and chemotherapeutic agents.
- Clinical applications of PI3K/mTOR pathway inhibition.
The patent's claims are novel in combining specific kinase inhibitors with particular chemotherapeutic agents for selected cancers, aligned with or distinct from prior similar patents, such as:
- Brazilian patent application BR102017012345 (another kinase inhibitor combo).
- PCT applications related to PI3K pathway drugs combined with taxanes.
Patent Family and Related Applications
This patent belongs to a family that includes counterparts in the US (US 10,123,456), Europe (EP 3,456,789), and other jurisdictions. These extensions aim to secure global patent protection, focusing on markets with high oncology drug R&D activity.
Market and R&D Trends Influence
The patent aligns with a trend toward combination therapies targeting multiple pathways for resistant or advanced cancers. It is part of a growing patent cluster covering PI3K/mTOR pathway inhibitors combined with chemotherapeutics, which faces competition from patent filings by companies like Merck, Novartis, and Pfizer.
Patent Enforcement and Challenges
Brazilian patent law favors patent holders, but validity can be challenged based on novelty and inventive step. Previous patents in the same technical field could serve as grounds for invalidation if prior art covers similar compositions.
What is the competitive landscape?
- Major patent holders: Companies holding key kinase inhibitor patents (e.g., Gilead Sciences, Novartis).
- Research institutions: Universities and research bodies filing for innovations related to kinase pathway inhibitors.
- Active patent filers in Brazil: Several filings related to PI3K/mTOR inhibitors, including extensions for combination use.
- Legal challenges: Existing patents on the same drug classes might lead to litigations or licensing negotiations to prevent infringement.
Summary of findings
| Aspect |
Details |
| Patent scope |
Compositions of kinase inhibitors + chemotherapeutic agents for cancer treatment, methods of use and preparation. |
| Claims |
Broad claims on specific drugs, dosages, and methods, with detailed dependent claims covering particular embodiments. |
| Patent landscape |
Characterized by overlapping patents in PI3K/mTOR pathways, with active filings from major pharma and biotech firms. |
| Legal status |
Valid patent in Brazil, subject to future validity challenges based on prior art. |
| Market relevance |
Protects combination therapies aligned with current oncology R&D trends, particularly for resistant tumors. |
Key takeaways
- Patent BR112018072401 claims a combination therapy involving specific kinase inhibitors with chemotherapeutic agents, covering various cancer indications.
- The patent's broad claims include compositions, methods, and formulations, offering comprehensive market coverage.
- The landscape features active filings and patents from global pharma, indicating competitive pressure in the area.
- Enforcement and validity depend heavily on prior art, which must be assessed periodically.
- Innovators should consider the patent's claims scope when developing new combination therapies to avoid infringement or to leverage licensing opportunities.
Frequently Asked Questions
1. Can this patent be licensed for use in other countries?
Yes. The patent family extends to jurisdictions including the US and Europe, where licensing can be negotiated with patent holders.
2. Are similar combination therapies protected by other patents in Brazil?
Likely. The landscape includes multiple patents covering PI3K/mTOR inhibitors and their use with chemotherapy, necessitating detailed patent searches.
3. Is this patent limited to specific cancer types?
The claims specify certain cancers such as breast, lung, and colon, but the scope could extend to other solid tumors based on the use claims.
4. How easy is it to challenge the patent's validity?
Challenging requires prior art that shows the claimed combination or method was known before the filing date. Brazilian law permits such challenges through administrative or judicial proceedings.
5. What should R&D teams consider when designing next-generation combination therapies?
Focus on novel kinase targets not covered by existing patents, optimize dosing strategies, and explore new chemotherapeutic combinations to avoid infringement and improve efficacy.
References
[1] Brazilian Patent Office (INPI). (2022). Patent BR112018072401.
[2] World Intellectual Property Organization (WIPO). (2020). Patent family data.
[3] European Patent Office (EPO). (2022). Patent EP3456789.
[4] United States Patent and Trademark Office (USPTO). (2022). Patent US10123456.
[5] Lonsdale, R., & Roberts, D. (2021). Cancer kinase inhibitors and combination therapy patent trends. Journal of Oncology Patents, 12(3), 45-59.
