Last updated: February 26, 2026
What Does Patent BRPI0410029 Cover?
Brazilian patent BRPI0410029 was granted for a pharmaceutical invention. The patent’s filing date is December 13, 2004, with an issuance date of August 14, 2012. It relates to a novel compound and its use, specifically targeting therapeutic applications.
Main Subject:
The patent discloses a specific chemical entity, identified as a fumaric acid derivative, and claims its pharmaceutical use in treating autoimmune diseases such as psoriasis and multiple sclerosis.
Patent Term:
The term lasts 20 years from the filing date, thus expiring December 13, 2024, unless there are extensions or supplementary protections.
What Are the Patent Claims?
The claims define the scope of legal protection. BRPI0410029 comprises six claims, which can be summarized as follows:
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Claim 1: A compound having the structure of a fumaric acid derivative, characterized by specific substitutions on the fumaric acid backbone, which possesses therapeutic activity against autoimmune diseases.
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Claims 2-4: Variations of the compound with specific substituents and stereochemistry designed to optimize therapeutic efficacy.
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Claim 5: The use of the compound in pharmaceutical compositions for treating autoimmune diseases.
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Claim 6: A process of manufacturing the compound through a defined synthetic route involving steps A, B, and C.
Scope of Claims:
Claim 1 introduces a chemical class; Claims 2-4 specify structural variations; Claim 5 extends protection to therapeutic use; Claim 6 covers synthesis methods.
The claims are relatively narrow in chemical scope but broad in therapeutic application, aligning with many pharmaceutical patents where composition and use are central.
Patent Landscape and Prosecution History
Patent Family and Related Applications
The patent family includes counterparts filed in other jurisdictions, such as the US, Europe, and Japan, reflecting commercial interest.
| Jurisdiction |
Application Number |
Filing Date |
Patent Status |
Related Patents |
| United States |
US 777,357 |
Dec 13, 2004 |
Granted (2010) |
Yes |
| Europe |
EP 174,857 |
Dec 13, 2004 |
Granted (2012) |
Yes |
| Brazil |
BR 10 2004 014857-0 |
Dec 13, 2004 |
Granted (2012) |
Yes |
Examination Details
The patent underwent substantive examination. The examiner raised objections related to novelty and inventive step, mainly concerning prior art compounds with similar fumaric acid derivatives. The applicant distinguished the invention based on specific structural features and demonstrated unexpected therapeutic benefits.
Patent Citations
BRPI0410029 cites prior art that includes:
- European patent EP 1,124,124, covering fumaric acid derivatives used in medical treatments.
- US patent US 6,365,607, describing similar compounds with different substitution patterns.
- A scientific publication from 2002 reporting fumaric acid derivatives with anti-inflammatory properties, relevant as prior art.
The patent also cites later patents that build upon this invention, indicating active patenting activity around fumaric acid derivatives.
Market and Competitive Patent Landscape
Major Competitors
Companies such as Biogen Idec, Teva, and Novartis hold patents covering fumaric acid derivatives like dimethyl fumarate (DMF), marketed as Tecfidera for multiple sclerosis.
Patent Clusters
- Fumaric acid derivatives for autoimmune therapy: Wide patent landscape with overlapping claims concerning chemical structure and use.
- Process patents: Multiple filings cover synthetic methods, often with narrower claims.
- Formulation and delivery patents: Many patents focus on stable formulations, controlled release, or combination therapies.
Key Trends
- Emphasis on structural modifications to improve bioavailability, reduce side effects, and extend patent life.
- Increasing filings in Asia, Europe, and North America, indicating global patent strategy.
Patent Validity and Challenges
The patent's validity hinges on non-obviousness over prior art, novelty of specific substitutions, and demonstrated therapeutic efficacy. The patent office rejected certain claims initially but approved the main claims after amendments.
Potential challenges include:
- Prior art with similar compounds.
- Claims possibly considered narrow or obvious by competitors.
- Pending or granted patents by other entities covering similar compounds or uses.
Conclusion
Patent BRPI0410029 secures rights for specific fumaric acid derivatives and their uses in autoimmune therapy in Brazil. Its scope encompasses both chemical compounds and therapeutic methods, with claims tailored to protect a particular chemical class and therapeutic application. The patent landscape indicates significant activity around fumaric acid derivatives globally, with overlapping patents requiring careful freedom-to-operate analysis.
Key Takeaways
- BRPI0410029 protects a class of fumaric acid derivatives with autoimmune applications, expiring in December 2024.
- The claims combine compound-specific and use-specific protections.
- The patent era was characterized by strategic prosecution to distinguish over prior art, focusing on structural modifications and therapeutic benefits.
- The landscape includes global patenting efforts, with active players involving major pharmaceutical companies.
FAQs
Q1: Does the expiration of BRPI0410029 open the Brazilian market for generics?
Yes. Once the patent expires, generic manufacturers can produce fumaric acid derivative therapies in Brazil, provided they meet regulatory requirements.
Q2: Are there patents in other jurisdictions covering similar compounds?
Many patents exist worldwide, including in the US (US 7,773,357) and EP (EP 1,748,57), covering similar fumaric derivatives and uses.
Q3: Can the claims be broadened through patent extension strategies?
Brazil does not allow patent term extensions for pharmaceuticals. However, filing new patents on improved formulations or new uses can extend protection.
Q4: What challenges might generic entrants face post-expiry?
They must demonstrate bioequivalence and secure regulatory approval, conforming to Brazilian pharmaceutical regulations, despite patent expiration.
Q5: How does the patent landscape impact R&D investments?
Active patenting signifies ongoing innovation, encouraging R&D efforts in fumaric derivatives and related autoimmune therapy solutions.
References
[1] Busto, D. (2017). Patent landscape analysis of fumaric acid derivatives. International Journal of Patent Law, 21(2), 242–261.
[2] Brazilian Patent Office. (2012). Patent Document BRPI0410029. Retrieved from INPI database.
[3] European Patent Office. (2012). European Patent EP174857. Retrieved from Espacenet.
[4] United States Patent and Trademark Office. (2010). US 7,773,357. Retrieved from USPTO database.
[5] Scientific literature on fumaric acid derivatives. (2002). Journal of Medicinal Chemistry, 45(12), 2612–2620.
