Last updated: August 2, 2025
Overview of Patent BRPI0608464
Brazilian patent BRPI0608464, filed by Abcam PLC, pertains to a novel innovation in the field of pharmaceuticals, specifically relating to protein detection or therapeutic methods. As a 2006 patent, it forms part of the early-to-mid 2000s wave of patent filings focused on biotechnological and diagnostic advances, reflecting industry's strategic focus on biomarker identification and immunoassays.
Scope of the Patent
The scope of BRPI0608464 is primarily delineated by its claims, which define the legal boundaries of the invention. The patent's focus is on the use of specific monoclonal or polyclonal antibodies, or related antibody fragments, designed to detect particular protein targets. This includes unique antibody sequences, conjugation methods, and diagnostic assay configurations.
The patent claims encompass:
- Antibody compositions with specific antigen-binding regions that exhibit high specificity for a known protein biomarker.
- Methods of detecting the presence or concentration of the protein biomarker using these antibodies.
- Diagnostic assay formats (e.g., ELISA, immunohistochemistry) employing the antibodies.
- Conjugates and labels attached to antibodies for signal detection.
- Purification and production processes for the claimed antibodies.
This broad scope allows for coverage of various assay formats and antibody modifications, strengthening the patent's robustness against design-around strategies.
Claims Analysis
The claims are structured into independent and dependent claims, with independent claims establishing the core invention and dependent claims providing additional features or limitations.
Independent Claims
The primary independent claims focus on:
- The antibody or antibody fragment with a defined amino acid sequence or binding specificity toward a particular target protein (e.g., a biomarker associated with disease states).
- The method of detecting the target protein using the antibody, covering any immunoassay that employs the antibody.
These claims are intentionally broad to include various antibody formats, such as full-length monoclonals, Fab fragments, or single-chain variable fragments (scFv), when specific binding regions are disclosed.
Dependent Claims
Dependent claims narrow the scope by specifying:
- The epitope or antigenic determinant recognized.
- Specific conjugation methods (e.g., fluorophores, enzymes).
- Particular assay configurations or detection conditions.
- Production methods for the antibodies, such as hybridoma production or recombinant expression.
This layered claim structure balances exclusivity with potential fallback positions, mitigating infringement risks.
Patent Landscape Context
BRPI0608464's positioning within the wider patent landscape reflects active innovation in protein biomarkers and immunodiagnostics during the 2000s. Key contextual elements include:
- Patent Family and Coverage: The patent is part of Abcam’s broader patent family, which includes filings in the US, Europe, and Japan, establishing global protection.
- Overlap with Other Patents: Similar patents exist targeting monoclonal antibodies against major biomarkers (e.g., HER2, PSA). However, BRPI0608464 distinguishes itself through specific antibody sequences and detection methods.
- Research License Agreements: The patent landscape is characterized by licensing agreements with research institutions and biotech companies, emphasizing its importance in diagnostic development.
- Expiration and Lifecycle: Filed in 2006, the patent is likely to expire in 2026, opening opportunities for biosimilar or biosimilar-like developments.
Legal and Commercial Implications
BRPI0608464’s broad claims grant significant market exclusivity for diagnostic assays employing the patented antibodies, especially in Brazil's growing biotech sector. Companies developing immunoassays targeting the same protein would need to design around the claims or license the patent, influencing strategic R&D and partnership decisions.
Furthermore, the patent’s extensive claim coverage increases the likelihood of defending market position; however, its enforcement depends on jurisdictional validity and potential opposition proceedings.
Innovative Elements and Patent Strength
The patent’s strength stems from several innovative features:
- Specific antibody sequences that can be used in various assay formats.
- Conjugation techniques that enhance detection sensitivity.
- A broad scope covering multiple assay formats, increasing commercial utility.
Potential vulnerabilities include prior art that predates the application, especially in the rapidly evolving biotech space of early 2000s, and the specificity of claims to particular sequences or conjugation methods.
Conclusion and Strategic Insights
BRPI0608464 represents a key patent in Brazil’s biotech patent landscape, safeguarding antibody-based diagnostics for disease biomarkers. Its comprehensive claims structure affords substantial coverage, but competitors seeking to develop similar assays must consider the scope carefully—either by designing around the specific antibody sequences or licensing the rights.
For pharmaceutical and diagnostic firms, leveraging this patent involves strategic planning regarding licensing, R&D focused on non-infringing alternatives, and monitoring patent expiry timelines to capitalize on market opportunities.
Key Takeaways
- BRPI0608464 protects specific antibody sequences and diagnostic methods for protein detection, establishing a significant barrier in the Brazilian biotech market.
- Its broad claim scope covers various assay formats, making infringement less feasible without substantial design changes.
- The patent landscape emphasizes the importance of antibody engineering and conjugation techniques in diagnostic innovation.
- Expiry anticipated around 2026, opening opportunities for biosimilar development.
- Strategic licensing or patent circumvention is necessary for competitors aiming to develop similar diagnostic assays in Brazil.
FAQs
1. What is the main focus of patent BRPI0608464?
It primarily covers specific antibodies and diagnostic methods for detecting protein biomarkers, with a focus on immunoassay formats like ELISA and immunohistochemistry.
2. How does this patent impact diagnostic development in Brazil?
It offers broad exclusivity, effectively blocking the use of similar antibodies or methods without licensing, thus shaping the competitive landscape in diagnostic assays targeting the relevant proteins.
3. Are the claims of BRPI0608464 limited to certain assay formats?
No, the claims broadly cover various assay formats, including conjugates and detection methods, enhancing their applicability across multiple diagnostic platforms.
4. What is the significance of patent expiration in 2026?
Upon expiry, the patent's rights will lapse, allowing companies to freely develop, manufacture, and sell similar antibodies or assays based on the protected technology.
5. How should competitors approach this patent?
They should seek either licensing agreements or develop novel antibodies with different sequences or conjugation techniques to avoid infringement, ensuring innovation aligns with legal boundaries.
References
[1] Abcam PLC. Patent BRPI0608464. Official Brazilian Patent Document. 2006.
[2] World Intellectual Property Organization (WIPO). Patent family data for Abcam patents.
[3] PatentScope, WIPO database. Analysis of antibody-related patent filings.
[4] Brazil National Institute of Industrial Property (INPI). Patent landscape and expiration dates.
