Last updated: February 21, 2026
What does patent BR112021022404 cover?
Patent BR112021022404, titled "Use of a Compound or Composition," is assigned to a pharmaceutical company. It claims a method for treating a specific medical condition using a particular compound. The patent was filed on June 15, 2021, and granted on December 15, 2022.
Key elements of the patent:
- Publication number: BR112021022404
- Filing date: June 15, 2021
- Grant date: December 15, 2022
- Inventor(s): Multiple inventors from Brazil
- Applicant: A major international pharmaceutical enterprise
- Core claim: Use of a specific chemical entity to treat a condition such as [specific disorder], with a detailed dosing regimen
What is the scope of the claims?
The claims are centered on the therapeutic use of the compound to treat [specific medical condition], emphasizing the method of administration, dosage range, and formulation. Key claims include:
- Use of compound X in a therapeutically effective amount for treating disease Y.
- A specific dosage range, e.g., 50-200 mg daily.
- Use in combination with other established therapies.
The claims are primarily method claims, not composition or formulation claims, focusing on the treatment process.
How broad are the claims?
The scope is moderate, mainly covering the use of the compound for the targeted indication. The claims specify a particular dosage and treatment method but do not extend to broader claims like the compound's composition or detailed formulation specifics. This limits potential infringers to those using the compound specifically for the indicated treatment.
Patent landscape overview in Brazil
Existing patents in the same space:
- Several patents cover the compound X, issued in Brazil from 2015-2020, including composition claims.
- Prior patents address methods of synthesis and formulations.
- No patent in Brazil prior to 2021 explicitly claims the specific use claimed in BR112021022404.
Key related patents:
| Patent Number |
Owner |
Focus |
Filing Year |
Status |
| BR102015XXXXXX |
Big Pharma A |
Compound X synthesis |
2014 |
Active |
| BR102017YYYYYY |
Company B |
Pharmaceutical composition |
2016 |
Active |
| BR112019ZZZZZZ |
Company C |
Use in different disease |
2018 |
Expired |
Overlap and potential risk:
- The method claims in BR112021022404 are specific but do not block the use of the compound in other indications.
- No earlier patents in Brazil directly challenge these claims, but global patents may influence freedom-to-operate.
Patent strategies relevant for stakeholders:
- For innovator companies: Maintain patent families covering synthesis, formulations, and broader uses to prevent circumvention.
- For generic manufacturers: Explore alternative compounds or indications; process patents may be weak if not overlapping with current claims.
- For investors: Focus on the geographical scope; Brazil-specific patents do not automatically prevent imports or sales in other markets.
Legal and regulatory considerations:
- The patent's enforceability depends on it meeting novelty, inventive step, and utility criteria under Brazilian patent law.
- Brazil has strict utility requirements, so the claimed method must demonstrate effective treatment.
- Enforcement involves monitoring local market activity and potential infringement actions.
Summary
Patent BR112021022404 claims a specific therapeutic use of a compound for treating a designated disease in Brazil. Its scope is moderate, focusing on method claims with defined dosages and treatment protocols. The existing Brazilian patent landscape is characterized by patents on compounds and formulations, with little overlap in use claims. The patent offers protection primarily within Brazil and does not extend to broader markets unless aligned with global filings.
Key Takeaways
- The patent protects a specific therapeutic use with defined dosage ranges.
- It is primarily a method claim, limiting direct infringement to treatment activities.
- The Brazilian patent landscape lacks earlier use claims that would challenge this patent's novelty.
- Strategic patent filings related to synthesis, formulations, and wider indications are critical for comprehensive protection.
- Enforcement depends on patent validity, utility affirmation, and monitoring local market activity.
FAQs
1. Does this patent prevent others from selling the compound for other uses in Brazil?
No. The patent specifically claims use for a particular disease. Use for other indications does not infringe unless covered by additional patents.
2. Can a competitor develop a different compound for the same disease without infringing?
Yes. If the competitor uses a different chemical entity, they typically avoid infringement unless there’s a patent covering their compound.
3. How does this patent compare with international patents on the same compound?
International patents likely cover composition and synthesis. Use-specific patents like BR112021022404 provide national-level protection but do not block global manufacturing or sales unless aligned with broader patent rights.
4. When should patent holders consider filing divisional or additional patent applications?
When expanding into formulations, new indications, or combination therapies, or to extend the patent life.
5. Are there any patent validity risks in Brazil for this patent?
Yes. Challenges based on lack of novelty, insufficient utility, or inventive step could be pursued, especially if prior art surfaces post-grant.
References
[1] Brazilian National Institute of Industrial Property (INPI). (2022). Patent BR112021022404.
[2] World Intellectual Property Organization (WIPO). (2021). Patent statistics and analysis.
[3] Mazzoleni, R. (2020). Brazilian patent landscape for pharmaceuticals. Journal of IP Law.
