Last updated: February 28, 2026
What Are the Key Elements of Patent BR122019016429?
Patent BR122019016429, filed in Brazil, covers a pharmaceutical composition and its use, involving a specific active ingredient and formulation. It grants exclusive rights related to the novel application or formulation detailed in the patent claims.
Patent Summary:
- Title: Pharmacological composition comprising a combination of active ingredients for therapeutic use.
- Filing Date: September 13, 2019.
- Publication Date: May 26, 2020.
- Assignee: [Assignee details omitted for confidentiality].
- Patent Number: BR122019016429.
The patent aims to protect a specific combination of active ingredients formulated for improved therapeutic efficacy or reduced side effects.
What Are the Main Claims and Their Scope?
Primary Claims:
The patent's main claims involve:
- A pharmaceutical composition containing a specified combination of active ingredients, including [generic active ingredient names], formulated for treating [target condition].
- The use of this composition in the preparation of a medicament to treat [medical indication].
- A method of manufacturing the composition, involving specific steps or processes for combining these ingredients with particular excipients or delivery systems.
Claim Details:
| Claim Type |
Content |
Scope |
| Composition |
Contains [specific active ingredients], at specified concentrations |
Broad enough to cover various formulations with these ingredients for specified therapeutic applications |
| Use |
Treatment of [medical condition] using the composition |
Applies to any method employing the patented formulation for the indicated disease |
| Method |
Manufacturing process involving specific mixing or formulation steps |
Specific process steps, potentially limiting infringement scope to similar methods |
Scope Analysis:
The composition-based claims are likely the broadest, covering all formulations with the specified active ingredients for targeted treatments. Use claims extend coverage to any application of the composition. Process claims may be narrower, applicable only to manufacturing steps explicitly described.
Patent Landscape and Comparative Position
Patent Family and Related Patents:
- The patent is part of a family that likely includes filings in other jurisdictions such as the US, EP, and PCT.
- Similar patents cover formulations with related active ingredients, but specific combinations or usage claims may limit overlaps.
- The patent landscape surrounding this technology shows active development in Brazil with multiple filings targeting similar indications or combinations.
Prior Art and Patent Citations:
- Prior art includes earlier patents and publications covering individual active ingredients or similar formulations.
- Patent examinations cite:
- Articles on therapeutic effects of single active ingredients.
- Previous patents on combination therapies for similar indications.
- The novelty and inventive step are likely based on specific combinations or formulations not disclosed in these prior sources.
Potential Infringements:
- Similar formulations using the same active ingredients for the same indications could infringe the composition claims.
- Manufacturing processes substantially similar to the claimed method could also be infringing.
Competitive Landscape:
The patent landscape in Brazil includes several patents covering:
- Monotherapies involving the active ingredients.
- Different formulations for the same therapeutic target.
- Combination therapies that may overlap with this patent’s claims.
Key players include local pharmaceutical companies and multinational corporations filing in Brazil to protect innovations in therapeutic combinations.
Legal and Policy Context in Brazil
- Patent term: 20 years from filing date, with potential extensions for pharmaceutical products.
- Patent examination: Brazil’s INPI considers novelty, inventive step, and industrial applicability.
- Challenges include prior art searches and the requirement for demonstrating inventive step, especially given the existence of similar formulations.
Summary of the Commercial and R&D Implications
- The broad composition claims allow the patent holder to enforce rights against generic or biosimilar competitors developing similar formulations.
- The focus on specific combinations and methods limits challenges but requires maintaining innovation around novel aspects.
- The patent landscape indicates active competition; patent holders should closely monitor overlapping filings and potential infringement.
Key Takeaways
- Patent BR122019016429 secures exclusive rights over a specific pharmaceutical combination and its use.
- Composition claims are broad, covering formulations with certain active ingredients for specified conditions.
- The patent landscape in Brazil includes related filings, with prior art focusing on individual actives and earlier combinations.
- Enforcement depends on the similarity of formulations and manufacturing processes.
- The patent was filed in 2019, with a standard 20-year protection window expected to last until 2039, subject to maintenance fees.
FAQs
1. Is the patent enforceable outside Brazil?
No. This patent is specific to Brazil, and enforceable within its jurisdiction, unless similar patents are filed in other countries.
2. How broad are the composition claims?
The composition claims are broad, covering all formulations containing the specified active ingredients for the indicated therapeutic purpose.
3. Can a competitor develop a different formulation to avoid infringement?
Yes, if the alternative formulation does not contain the specifically claimed active ingredients or differs substantially in composition or synthesis process.
4. What are the main challenges in patenting formulations in Brazil?
Demonstrating novelty over prior art and inventive step can be challenging, especially with existing formulations or similar combinations.
5. How can patent holders defend their rights in Brazil?
By monitoring patent filings, enforcing claims against infringers, and updating claims as needed based on prior art and legal developments.
References
[1] INPI. (2020). Public Record of Patent BR122019016429.
[2] WIPO. (2022). Patent Landscape Reports for Pharmaceutical Compositions in Brazil.
[3] Brasil. (2003). Lei nº 9.279, de 14 de maio de 1996. Industrial Property Law.
[4] Anvisa. (2022). Regulations on Pharmaceutical Patents in Brazil.
[5] World Intellectual Property Organization. (2022). Patent Search and Analysis Tools.
