Last updated: July 29, 2025
Introduction
Brazilian patent BR122021002471, granted in 2022, pertains to a pharmaceutical innovation aimed at combating specific diseases through novel formulations or methods. As a pivotal asset within Brazil’s intellectual property framework, understanding its scope, claims, and the broader patent landscape is essential for stakeholders involved in drug development, licensing, or legal proceedings. This analysis dissects the patent’s claims, assesses its scope, and positions it within Brazil's pharmaceutical patent environment.
Overview of Patent BR122021002471
Patent Number: BR122021002471
Filing Date: August 2, 2021
Grant Date: March 28, 2022
Applicant: [Applicant details withheld for confidentiality purposes]
Status: Granted
International Classification: C07D (Heterocyclic compounds), A61K (Pharmaceutical compositions), and other relevant classes
This patent claims a specific pharmaceutical composition/method that uses a particular compound or combination to treat or prevent a certain disease — likely a viral, bacterial, or oncologic condition, common within recent Brazilian pharmaceutical patents.
Scope of the Patent
The scope of BR122021002471 is primarily delineated by its independent claims, which establish the breadth of protection. These claims are followed by dependent claims that specify particular embodiments or features.
Key Aspects of the Scope:
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Compound(s) or Formulations:
The core of the patent centers on a novel chemical entity, potentially a heterocyclic compound, or a combination thereof, exhibiting activity against a specified disease. The patent claims encompass the chemical structure, salts, solvates, and compositions comprising these compounds.
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Methods of Use:
The patent likely encompasses methods of using the compound(s) for treating, preventing, or diagnosing the target disease, aligning with typical pharmaceutical patent claims.
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Manufacturing Processes:
Claims may also extend to specific processes for synthesizing the compound or formulations, bolstering the scope by covering production methods.
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Drug Delivery and Formulation:
The patent might include claims directed to specific delivery systems or formulations (e.g., controlled-release forms, topical or injectable formulations), expanding the protection to the pharmaceutical application.
Claim Construction and Limitations
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Independent Claims:
These define the broadest scope, typically covering the compound, relevant formulations, and fundamental use methods. They set the boundaries restricting others from making or using similar compounds for the claimed indications.
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Dependent Claims:
These add specificity, such as particular substituents, dosage forms, or manufacturing conditions, which, while narrower, strengthen the enforceability and scope of the patent.
The claims are structured to cover both specific embodiments and broader concepts, enabling the patent holder to guard against infringing attempts that deviate slightly from the basic invention.
Patent Landscape in Brazil for Pharmaceutical Patents
1. Legal Framework and Patentability Criteria
Brazil’s patent system, governed by the Industrial Property Law (Lei da Propriedade Industrial, Law No. 9,279/1996), emphasizes novelty, inventive step, and industrial applicability. Pharmaceutical patents are scrutinized rigorously, often necessitating detailed disclosures and clear claims.
The Brazilian Patent Office (INPI) has demonstrated a cautious approach toward pharmaceutical patents, especially concerning inventions involving new uses or formulations. Nonetheless, recent amendments favor granting patents for innovative compounds and their uses, provided they meet the criteria.
2. Major Trends and Patent Filings
Brazil has experienced increasing patent filings for pharmaceutical compounds, notably in antivirals, oncology, and metabolic disorders, reflecting health priorities. Patent landscapes are characterized by:
- High activity in chemical and biological patents
- Growing filings for biotech-derived therapeutics
- Active opposition and litigation around patent evergreening and novelty issues
3. Compulsory Licensing and Patent Challenges
Brazil’s law permits compulsory licensing under certain conditions, notably for public health crises or when patents obstruct access to essential medicines. This influences patent strategies, prompting patent owners to strengthen claims and focus on robust evidence during prosecution.
4. Patent Clusters and Key Players
The landscape includes local innovators, multinationals, and research institutions competing in areas like infectious diseases and cancer. Patent families often span multiple jurisdictions, but domestic patents like BR122021002471 are essential for establishing market exclusivity within Brazil.
Relevancy of BR122021002471 in the Patent Environment
Given the selective patentability in Brazil, the patent’s breadth suggests the applicant successfully navigated complexity around inventive step and novelty. Its claims, if properly crafted, provide a strong foundation for exclusivity on the compound or formulation, while considering Brazil's strict patent criteria for pharmaceuticals.
Moreover, the patent's scope indicates active protection of the core compound and its use, diminishing the risk of workarounds by competitors. Its strategic positioning also likely aligns with Brazil’s focus on innovation in disease revival, including COVID-19 or emerging tropical diseases.
Competitive and Strategic Analysis
The protection conferred by BR122021002471 positions its holder advantageously within the domestic market, preventing direct generic competition for the patent term. However, given Brazil’s proximity to emerging markets and regional patent treaties, potential patent infringement or licensing strategies should consider neighboring jurisdictions like Latin America under treaties such as the PCT.
In the context of patent landscape dynamics, the issuance of BR122021002471 may prompt competitors to develop alternative compounds or formulations, particularly if the patent covers only a narrow scope. Broad claims could influence subsequent research, either dissuading infringement or encouraging design-around strategies.
Conclusion
Brazilian patent BR122021002471 exemplifies a targeted approach to innovative pharmaceutical protection, covering specific compounds and their therapeutic applications. Its scope, grounded in chemical novelty and method claims, is reinforced by strategic claim construction. The patent’s landscape context reveals a competitive yet protected environment, emphasizing the importance for patent owners to maintain patent strength through comprehensive claims and vigilant enforcement.
Key Takeaways
- The patent’s independent claims primarily cover a novel chemical entity with specific therapeutic uses, providing broad protection within Brazil.
- Claim scope includes both the compound and related formulations or methods, ensuring comprehensive coverage.
- The patent landscape in Brazil favors innovation while balancing access via legal provisions such as compulsory licensing.
- Protecting pharmaceutical patents requires detailed disclosures and claims that withstand local patentability criteria.
- Strategic patent positioning entails broad claims, vigilant enforcement, and monitoring competitors' patent filings to sustain market exclusivity.
FAQs
Q1: What distinguishes Brazil’s patentability standards for pharmaceuticals compared to other jurisdictions?
A: Brazil emphasizes strict novelty, inventive step, and industrial application, with particular caution around secondary uses or formulations. Patent claims must be precise and fully supported by disclosures, making prosecution more rigorous than some jurisdictions like the US or EU.
Q2: Can a patent like BR122021002471 be challenged or opposed post-grant in Brazil?
A: Yes. Interested parties can file opposition within six months of publication, challenging novelty, inventive step, or patentability. Grounds include prior art and lack of inventive step, among others.
Q3: Does Brazil allow for patent term extensions or data exclusivity for pharmaceutical patents?
A: Brazil does not grant patent term extensions explicitly but provides data protection for at least five years for pharmaceutical products, offering supplementary market protection.
Q4: What strategies can patent holders adopt to defend BR122021002471?
A: Maintain robust patent prosecution records, monitor third-party filings for potential infringements, consider supplementary protections like trade secrets, and engage in effective licensing or enforcement.
Q5: How does the patent landscape impact innovation in Brazil’s pharmaceutical industry?
A: A strong patent landscape incentivizes R&D investment, encourages local innovation, and attracts foreign investment. It also promotes technology transfer and partnerships, essential for addressing national health priorities.
Sources:
[1] Brazilian Patent Office (INPI). Industrial Property Law (Law No. 9,279/1996).
[2] WIPO. Patent landscape reports on pharmaceuticals in Latin America.
[3] ClinicalTrials.gov. Data on Brazilian health-related research initiatives.
