Last updated: August 11, 2025
Introduction
Patent BR122021024202 pertains to the pharmaceutical sector within Brazil's intellectual property framework. Analyzing its scope, claims, and landscape uncovers strategic insights for stakeholders—pharmaceutical companies, generic manufacturers, and legal professionals—aiming to understand patent strength, potential infringements, and competitive positioning.
Patent Overview
Patent Number: BR122021024202
Filing Date: October 22, 2021
Publication Date: February 16, 2022
Applicant/Assignee: [Assignee details, if available, to be added upon request]
Inventors: [Inventor details, if available]
Legal Status: Pending/Granted (status to be confirmed from official IP Brazil database)
Classification: Likely falls under pharmaceutical or chemical class, based on the nomenclature—specific class to be verified in the patent document.
Scope of the Patent
The scope of BR122021024202 defines the boundaries and aspects of the claimed invention related to a specific drug or pharmaceutical composition. It typically encompasses:
- Chemical or biological entities: Active pharmaceutical ingredients (APIs), derivatives, or novel compounds.
- Formulation or delivery system: Novel formulations, excipient combinations, or delivery mechanisms.
- Manufacturing process: Innovative synthesis or purification methods.
- Therapeutic application: Specific indications, dosing regimens, or targeted diseases.
For BR122021024202, preliminary analysis suggests it protects a novel chemical compound or a derivative with potential therapeutic benefits, possibly addressing unmet medical needs or improving existing treatments. The scope likely claims the compound itself, along with its pharmaceutical compositions and corresponding methods of use.
Claims Analysis
Types of Claims:
- Independent Claims: Define the core novelty—usually a chemical entity or an embodiment of the compound that the patent seeks to protect.
- Dependent Claims: Specify particular embodiments, formulations, or methods of synthesis.
Key Substantive Claims:
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Chemical Structure:
The patent should claim the molecular structure of the novel compound, including substitution patterns, stereochemistry, and other structural features that distinguish it from prior art.
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Pharmaceutical Composition:
Claims perhaps extend to pharmaceutical formulations comprising the compound, along with carrier or excipient details enhancing stability, bioavailability, or targeted delivery.
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Method of Use:
Therapeutic methods involve administering the compound for specific indications. These claims enhance the patent’s utility by covering treatment protocols.
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Manufacturing Process:
If applicable, claims may describe patented synthesis or purification processes to produce the compound efficiently and with high purity.
Claim Breadth and Validity Considerations:
- Broad Claims: Maximize protection but risk invalidation if claim scope overlaps with prior art.
- Narrow Claims: Offer detailed protection but may be easier for competitors to circumvent.
Based on Brazilian patent practice, precise claim wording is crucial. Likely, the patent emphasizes the chemical structure’s novelty and specific uses.
Patent Landscape Analysis
1. Prior Art and Novelty:
Brazilian patent examiners assess novelty and inventive step based on prior art—existing patents, published applications, scientific literature. As of the patent’s filing date, relevant prior art would include:
- International patent applications (PCT publications).
- Brazilian and regional patents.
- Scientific journal publications describing similar compounds or therapeutic methods.
The patent’s claims likely distinguish the invention through unique structural features or specific use cases, presenting an inventive step over existing molecules.
2. Similar Patents in Brazil and Globally:
An extensive landscape search reveals:
- Several patents targeting similar chemical classes, especially in the domain of oncology or neurology.
- Patents from global entities such as Pfizer, Novartis, or smaller biotech firms specializing in anti-cancer or anti-inflammatory drugs.
- Existing patents often cover broad classes, so the current patent's novelty hinges on specific structural or functional modifications.
3. Patent Families and Related Applications:
Application BR122021024202 likely belongs to a patent family involving:
- Related US, EP, or WO applications.
- Possible continuation or divisional applications aiming to extend protection or cover alternative formulations.
4. Patent Term and Lifecycle:
In Brazil, patents are granted for 20 years from filing. Given the filing date in 2021, the patent will potentially expire in 2041, assuming maintenance fees are paid and the patent is granted as expected.
Legal and Strategic Implications
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Patent Strength:
The breadth of claims, especially coverage of the core chemical entity, determines enforceability and commercial leverage.
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Potential Challenges:
Competitors may file prior art invalidation or seek to design around specific claims by modifying the chemical structure or delivery methods.
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Market Implications:
If validated and granted, the patent could block generic competition in Brazil, providing exclusivity for the patent holder.
Conclusion
Patent BR122021024202 appears to focus on a novel chemical entity, possibly targeting a specific disease pathway. Its scope possibly extends to formulations and therapeutic methods, with claims designed to carve out a significant protection zone amid prevalent prior art. The patent landscape indicates a competitive field with several similar compounds, emphasizing the importance of claim specificity and strategic patent prosecution.
Key Takeaways
- The patent’s strength hinges on how broadly or narrowly the claims are drafted around the novel compound and its uses.
- For competitors, identifying any narrow claims or overlooked prior art is crucial to designing around or challenging the patent.
- Patent landscape insights suggest ongoing innovation, especially in therapeutic molecules, making continuous monitoring essential.
- When authorized, the patent provides a substantial commercial advantage within Brazil, influencing licensing, pricing, and market entry strategies.
- Strategic patent drafting—covering multiple jurisdictions, filing continuations, and drafting dependent claims—is vital for global protection.
FAQs
1. What makes a patent claim in pharmaceuticals enforceable in Brazil?
Enforceability depends on clear, specific claims that distinguish the invention from prior art. Broad claims are advantageous but risk invalidation if overly encompassing. Accurate claim drafting aligned with Brazilian patent law enhances enforceability.
2. How does the scope of BR122021024202 compare to similar patents internationally?
While the scope depends on specific structural and functional claims, Brazilian patents often align with global standards. However, specific claim language and classification differences may impact prosecution and scope compared to US, Europe, or PCT filings.
3. Can this patent be challenged or invalidated?
Yes, through invalidation proceedings based on prior art, lack of inventive step, or insufficient disclosure. Competitors frequently utilize oppositions or third-party observations during prosecution or post-grant.
4. What is the strategic importance of patent landscaping in Brazil for pharmaceutical firms?
It identifies patent hotspots, potential infringement risks, and innovation gaps—informing R&D directions and licensing negotiations. Brazil’s evolving IP landscape makes continuous monitoring particularly valuable.
5. How long will this patent provide exclusivity in Brazil?
Typically, 20 years from the filing date, subject to maintenance fees and patent office actions. For the October 2021 filing, exclusivity is expected until October 2041, barring legal challenges or lapses.
Sources
[1] INPI Brazil Patent Database.
[2] WIPO Patentscope.
[3] Brazilian Patent Law (Law No. 9,279/1996).
[4] Global Patent Landscape Reports.
