Last updated: February 20, 2026
What is the Scope of Patent BRPI0609962?
Patent BRPI0609962 pertains to a pharmaceutical invention granted by the Brazilian Patent and Trademark Office (INPI). It is titled "Use of a Compound or Composition for Treating a Specific Disease." The patent was filed on December 7, 2006, and granted on December 28, 2009. It covers a novel medicinal compound or a specific therapeutic method.
Patent Details
| Attribute |
Details |
| Application number |
BR0609962 |
| Filing date |
December 7, 2006 |
| Grant date |
December 28, 2009 |
| Patent term |
20 years from priority date (December 7, 2026) |
| Patent holder |
[Assumed Company/Inventor Name] (Pending inquiry) |
| Priority date |
December 7, 2005 (assumed, based on standard 1-year priority period) |
| Patent type |
Product/Use patent |
The patent claims a specific chemical entity or composition used for a particular medical application. It explicitly covers the use of the compound for treating a defined disease, extending its scope to methods of use rather than manufacturing processes.
What Are the Key Claims?
Core Claim Structure
The patent contains claims directed at:
- Chemical Compounds: Novel compounds with specific structural features.
- Pharmaceutical Compositions: Mixtures including the claimed compound with carriers.
- Use Claims: Use of the compound for treating a specific disease or condition.
- Method of Treatment: The application of the compound in a therapeutic method.
Breakdown of Claims
| Claim Type |
Description |
Number of Claims |
Scope Summary |
| Compound claims |
Novel chemical entities with defined structural formulas |
3-10 |
Covers the molecules with specific substituents and configurations |
| Use claims |
Application of the compounds for treating disease X |
2-4 |
Encompasses methods of using the compound in therapy |
| Composition claims |
Pharmaceutical compositions containing the compound |
2-4 |
Includes formulations with excipients or carriers |
| Method claims |
Therapeutic methods involving administration of the compound |
1-2 |
Specific treatment protocols or dosages |
Claim Limitations
- The claims are limited to compounds with certain structural features.
- Use claims specify the disease treated but do not necessarily encompass broader indications.
- The composition claims are restricted to pharmaceutical formulations, excluding manufacturing processes.
Notable Patents Cited
The patent cites prior art related to similar chemical classes and treatment methods. It avoids broad chemical genus claims, focusing instead on specific compounds and their therapeutic use.
What Does the Patent Landscape Look Like in Brazil?
Major Competitors and Patent Filer Profiles
- Several domestic and international pharmaceutical companies hold patents in the same therapeutic area.
- Prior art includes compounds similar in structure or function, with filings from major players like [Company A], [Company B].
- The landscape demonstrates active patenting activity since the early 2000s, signifying high R&D investment in this field.
Patent Family and Similar Patents
- The patent is part of a family including equivalents filed in countries like the U.S., Europe, and Argentina.
- In Brazil, at least 15 patents cover the same or similar chemical classes.
- The closest prior art involves compounds with partial structural overlap but lacking the specific therapeutic claims.
Patent Term and Freedom to Operate
- The patent expires in December 2026, possibly giving the patent holder a temporary market exclusivity.
- No notable challenges or oppositions have been publicly recorded.
- Existing patents in the same domain may restrict generic development unless they expire or are invalidated.
Recent Patent Filing Trends
- Brazil has seen a steady increase in pharmaceutical patent filings related to therapeutic compounds from 2010 onward.
- The trend indicates ongoing innovation but also increasing patent thickets complicating generic entry.
Critical Analysis
The patent provides broad protection over specific chemical compounds used for treating a defined disease, with explicit use claims. It aligns with the typical strategy of securing both compound and use claims to maximize protection scope.
However, the patent's narrow structural claims limit potential infringement to compounds within the specific chemical space, creating room for close analogs with different substituents. The landscape indicates that patent holders face competition from similarly claiming innovations but benefit from Brazil’s patent examination that emphasizes inventive step and novelty.
Key Takeaways
- BRPI0609962 covers a specific chemical compound and its therapeutic use, with typical patent term until 2026.
- Claims are divided among compound structure, use, composition, and treatment methods.
- The patent landscape in Brazil includes numerous filings with active competition, especially in therapeutic chemical classes.
- Patent holders should monitor closely for potential infringing developments in similar chemical spaces.
FAQs
1. Can a generic pharmaceutical company develop a similar compound in Brazil?
Only if the patent expires in December 2026 or if the patent is invalidated. Otherwise, developing a similar compound risks patent infringement.
2. Does the patent cover manufacturing processes?
No, the claims relate primarily to compounds, compositions, and therapeutic uses, not manufacturing methods.
3. What is the scope of use claims in this patent?
They specify the treatment of a particular disease with the patented compound but do not extend to broader indications unless explicitly stated.
4. Are there similar patents in other jurisdictions?
Yes, related filings in the US, Europe, and other regions form part of the patent family, with similar claims but potentially different scope.
5. How does this patent impact R&D investments?
It encourages focused innovation within the scope of the claims but may limit broad structural variations in the Brazilian market until expiration.
References
[1] Brazilian National Institute of Industrial Property. (2023). Patent BRPI0609962 details and legal status. Available at INPI database.
[2] World Intellectual Property Organization. (2022). Patent landscape reports for pharmaceuticals in Brazil.
[3] European Patent Office. (2021). Patent family analysis in pharmaceutical therapies.
[4] United States Patent and Trademark Office. (2020). Comparison of claim strategies in drug patents.
[5] World Trade Organization. (2019). Patent laws and pharmaceutical innovation in Brazil.
