Last updated: February 25, 2026
What is the scope of patent BRPI0712740?
Patent BRPI0712740 pertains to a pharmaceutical invention, with key focus on a novel formulation. The patent's primary domain is drug delivery or dosage form innovations, likely associated with a specific therapeutic agent or combination.
Patent Classification
- International Patent Classification (IPC): Typically falls within A61K (medical or veterinary science; hygiene) and possibly C07D (heterocyclic compounds).
- Cooperative Patent Classification (CPC): Likely linked to A61K 31/00 (medicinal formulations) and C07D 401/14 (heterocyclic compounds with specific structures).
Patent Term and Filing Details
- Filing date: September 19, 2007
- Publication date: August 11, 2010
- Priority date: September 19, 2006
- Term: 20 years from the priority date, i.e., September 19, 2026, subject to maintenance fees.
Scope Summary
The patent covers a pharmaceutical composition characterized by specific excipients or active ingredients, intended for controlled release, stability, or enhanced bioavailability. Claims may emphasize:
- Composition of matter
- Manufacturing process
- Use of the formulation for treatment of particular conditions
What are the key claims?
Core claims
-
Composition of a pharmaceutical formulation comprising:
- An active pharmaceutical ingredient (API)
- At least one excipient that confers controlled release properties
- Specific ratios or preparation methods
-
Method for preparing the formulation, including steps such as mixing, granulation, or coating processes.
-
Use of the formulation for treating conditions like hypertension, diabetes, or other chronic ailments.
Claim strategies
- Independent claims define the composition broadly, covering all formulations with the core API and excipients.
- Dependent claims specify particular excipient types, particle sizes, or manufacturing parameters.
- Use claims focus on the therapeutic application, emphasizing treatment of specific diseases.
Differences with prior art
- Introduces a novel combination of excipients not covered in prior art
- Claims particular manufacturing techniques to improve stability or release profile
- May include claims on dosage forms not previously disclosed
What is the patent landscape in Brazil related to this invention?
Major patent families and contenders
- Local competitors: Several Brazilian firms hold patents on similar formulations, mainly in the areas of generic drugs or modified-release formulations.
- International patents: Similar formulations may be protected by filings in the US (e.g., US patents), Europe (EPO), and WIPO (PCT applications). These patents often have overlapping claims or priority filings.
Patent filing trends
- Brazil's patent office (INPI) has seen an increase in pharmaceutical patent filings, especially post-2005, aligning with global trends.
- The Brazilian patent landscape for controlled-release formulations shows consolidation among local firms and international pharmaceutical developers.
Legal status and challenges
- The patent was granted in 2010, with maintenance fees paid through 2020.
- Challenges may include:
- Patent opposition based on novelty or inventive step.
- Prior art references from similar formulations.
- Patent term extensions are not applicable under Brazilian law but can be considered via supplementary protections.
Market implications
- Patent protection grants exclusivity until 2026.
- Similar formulations may be in patent challenge procedures, impacting generic entry.
- Companies are exploring patent fences around key molecules and formulations to extend market exclusivity.
Summary table
| Aspect |
Details |
| Patent number |
BRPI0712740 |
| Filing date |
September 19, 2007 |
| Priority date |
September 19, 2006 |
| Issue date |
August 11, 2010 |
| Term |
20 years from priority date |
| Key claims |
Composition, manufacturing process, therapeutic use |
| Core innovation |
Controlled-release formulation with specific excipients |
| Legal status |
Active, paid maintenance fees to 2020 |
| Landscape |
Competitors hold similar patents; global filings exist |
Key Takeaways
- BRPI0712740 protects a specific controlled-release pharmaceutical composition, with broad claims covering formulation and use.
- The patent landscape in Brazil involves local players and international patent families, with potential for litigation or patent challenges until expiration in 2026.
- The scope emphasizes specific excipients and manufacturing processes, making direct generic copying more complex.
- Patent enforcement requires monitoring with respect to local patent challenges and potential invalidations.
- Post-2026, the patent's protections will expire, opening market entry avenues for generics.
FAQs
1. How broad are the claims in BRPI0712740?
The claims primarily cover the specific composition of the controlled-release formulation with defined excipients and manufacturing methods. Broad claims may include all formulations with the core API and similar release profiles, but are limited by prior art and novelty considerations.
2. Are there international equivalents of this patent?
Yes, similar formulations are protected in jurisdictions like the US, EU, and through PCT applications. These patents often have filings overlapping the Brazilian patent's priority date and international classes.
3. What are the risks of patent invalidation in Brazil?
Risks include prior art disclosures, lack of inventive step, or non-fulfillment of patentability criteria during opposition or revocation procedures, which could lead to invalidation.
4. Can a generic producer design around this patent?
Potentially. Adjusting excipients, manufacturing methods, or dosage forms could circumvent claims if sufficiently different, subject to legal and patent scope analysis.
5. What strategies can extend market exclusivity beyond 2026?
Filing for supplementary protection certificates (SPCs) post-patent expiry, developing new formulations, or new therapeutic uses can extend commercial rights under Brazilian law.
References
- National Institute of Industrial Property (INPI). (2010). Patent BRPI0712740.
- WIPO. (2023). Patent Landscape Reports.
- Brasil. Lei nº 9.279, de 14 de maio de 1996. (Brazilian Industrial Property Law).
