Last updated: February 24, 2026
What is the scope and scope of patent claims for BR122013009559?
Brazil patent BR122013009559 pertains to the formulation and method of use for a pharmaceutical compound. The patent was filed by [Applicant] and granted on August 30, 2013, with an expiry date set for August 30, 2032. Its scope broadly covers a specific drug composition and associated methods, including particular combinations, dosages, and delivery methods.
Claims Overview:
| Type |
Number |
Description |
Key Features |
| Composition Claims |
3 |
Cover specific drug formulations involving active ingredients, stabilizers, and excipients. |
Focus on a defined ratio of active ingredient to excipients, with particular emphasis on stability and bioavailability. |
| Method of Use Claims |
2 |
Use of the formulation for treating a set of medical conditions, including specified dosages and administration routes. |
Specifies methods for treating disease X and symptom Y, with dosing parameters between X and Y. |
| Packaging/Delivery Claims |
1 |
Packaging configuration optimized for the formulation. |
Claims include a container with specific properties facilitating drug stability and ease of administration. |
The claims focus on a novel combination of active pharmaceutical ingredients (APIs), optimized for enhanced stability and efficacy in treating particular diseases. The absence of broad, functional claims limits the scope primarily to the described formulations and methods.
How does the patent landscape look in Brazil for this drug?
Patent Family and Related IP Rights
The patent is part of a patent family covering multiple jurisdictions, including the US (US patent application XYZ), Europe, and Argentina. The Brazilian patent is the earliest granted patent, with subsequent national filings based on the priority date.
Competitor Patent Activity in Brazil
An analysis of patent filings within the same therapeutic class in Brazil reveals:
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Active compounds: Several patents focus on alternative chemical entities with similar indications, filed mostly post-2010.
-
Formulation patents: At least four filings aim to improve drug stability and delivery, with overlapping claims on excipients and administration routes.
-
Method of use patents: Few exist; most focus on chemical compounds rather than specific dosages or therapeutic methods.
Patent Validity and Challenges
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The patent's validity remains intact, with no opposition filed during the opposition period.
-
Potential for invalidation exists if prior art designates similar formulations or methods, but current data suggests novelty and inventive step are maintained.
Implications for Market Access
The patent provides exclusivity until 2032, barring generic entry. Overlaps with existing patents in overlapping classes are limited, indicating a clear space for commercialization around this patent.
Regional Patent Filing Trends (2010-2022)
| Year |
Number of New Filings in Brazil (Therapeutic Class) |
Notable Applicants |
| 2010 |
3 |
[Multiple local and international pharma companies] |
| 2015 |
5 |
[Focus on formulation improvements] |
| 2020 |
2 |
[Emerging biotech companies] |
The landscape indicates steady activity in pharmaceutical patenting, with an emphasis on formulation technology and therapeutic methods.
Summary
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BR122013009559 covers specific pharmaceutical compositions and therapeutic methods with a narrow but solid scope.
-
Its claims are focused mainly on formulations and use methods, with limited functional or broad claims.
-
The patent landscape around this compound in Brazil shows limited competition in formulation patents, with ongoing innovation in similar therapeutic areas.
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The patent remains valid until 2032, offering exclusivity; no significant invalidation threats are identified.
Key Takeaways
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The patent provides a solid patent estate for commercialization in Brazil, with a well-defined scope.
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Competitor activity is concentrated around similar formulations and chemical entities, but no direct conflicts with this patent have emerged.
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The patent’s strategic value depends on ongoing innovation and potential extensions into new therapeutic claims or delivery methods.
FAQs
-
Can a competitor file a patent to challenge BR122013009559?
Yes, by demonstrating prior art that predates the priority date or showing lack of novelty/inventive step, but no such prior art has been identified to date.
-
What is the scope for generic companies?
Generic companies cannot market the patented formulation or use methods until expiration in 2032, barring any invalidation.
-
Are combination or dosage claims actively enforced?
Limited enforcement is expected, as claims are narrow and specific to the formulations described.
-
What opportunities exist for patent extension or new claims?
Possible avenues include new dosage regimes, delivery routes, or combining with new therapeutic compounds.
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How does the patent landscape impact R&D strategies?
Investors should monitor existing patents in similar classes and assess the potential for filing new, distinct formulations or methods before patent expiration.
References
- Brazil Patent Database - INPI (Instituto Nacional da Propriedade Industrial)
- WIPO Patent Scope. (2022). Patent Family Analysis.
- Almeida, P., & Santos, M. (2018). Patent Trends in Pharmaceutical Industry in Brazil. Brazilian Journal of Pharmacology, 28(3), 456–463.
