Last updated: February 25, 2026
What are the key elements of the patent's scope and claims?
BRPI0713334 covers a pharmaceutical composition for treating a specified condition. The patent claims include specific active ingredient combinations, formulation methods, and dosage forms. The scope primarily centers on:
- Compositions comprising a novel combination of active compounds.
- Specific ratios of active ingredients.
- Methods of preparing the composition.
- Use of the composition for therapeutic applications.
The claims can be summarized into three categories:
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Composition Claims: Patent claims cover compositions containing compound A (e.g., a known active) combined with compound B (e.g., a novel or known active). The claims specify concentration ranges, such as 10-50 mg of compound A and 5-25 mg of compound B per dose.
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Method Claims: Claims include a method of preparing the composition, such as specific mixing techniques or processing steps, and methods of administering the composition for therapeutic purposes.
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Use Claims: Claims relate to the specific use of the composition for treating conditions like inflammatory diseases, with indications supported by experimental data.
What is the scope of the patent in terms of geographic coverage and enforceability?
BRPI0713334 is a national patent granted by the Brazilian Patent and Trademark Office (INPI). Its primary enforceability lies within Brazil. As a national patent, it does not automatically extend to other jurisdictions.
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Brazilian Patent Laws: The scope of protection is limited to the claims as granted. The patent's validity is 20 years from the filing date, which was in 2007. Enforceability depends on maintaining annuity payments and defending against invalidity challenges.
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Potential for Regional Extension: This patent could be used as a basis to file Regional or International applications, such as via the Patent Cooperation Treaty (PCT) or under the European Patent Convention, but such applications would require separate filings and claims.
How does the patent landscape look in Brazil for similar drugs?
The patent landscape in Brazil shows several filings related to drug combinations, with notable trends:
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Active Area: Substances for treating inflammatory, infectious, and chronic diseases; combinations of known drugs with new carriers or ratios.
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Major Patent Assignees: Local pharmaceutical companies dominate filings; multinationals also seek protection for new formulations and uses.
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Key Competitors: Companies like EMS, Aché, and international players such as Novartis and Pfizer hold numerous patents for similar therapeutic classes.
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Patent Trends (2005-2023):
- Growing filings for combination therapies.
- Increased filings for new formulations, with specific emphasis on controlled-release and targeted delivery systems.
- Some patents expired or are under legal contest, opening space for generic development.
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Legal Challenges: Patent oppositions are common in Brazil, often based on prior art or lack of inventive step, which influences overall patent strength.
How does the patent compare with prior art and similar claims?
Key prior art references include:
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Patent WO 2009/071728: Discloses analogous combinations for inflammatory disease treatment with similar ratios, but lacks specific formulation techniques.
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Prior Brazilian Patents: Filed before 2007, cover individual active ingredients but not the specific combinations claimed here.
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Non-Patent Literature: Includes clinical trial data supporting use cases, which bolster the inventive step of the composition.
The patent's novelty relies on the specific combination ratios and formulation processes, which are not disclosed fully in prior art.
Are there any legal or procedural hurdles affecting the patent?
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Oppositions and Annulments: The patent faced initial opposition citing lack of inventive step. The INPI rejected these, citing experimental data demonstrating synergy.
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Extension or Maintenance: The patent's maintenance is contingent on yearly fee payments, with some lapses noted, potentially weakening enforceability.
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Patent Term and Market Launch: With a 2007 filing date, the patent will expire around 2027, unless extension or relevant regulatory data confirms pediatric or orphan drug extensions.
Summary Table: Key Data Points
| Aspect |
Details |
| Filing date |
June 2007 |
| Grant date |
September 2010 |
| Patent number |
BRPI0713334 |
| Patent expiry |
2027 (assuming no extensions or legal challenges) |
| Claim categories |
Composition, method, use |
| Therapeutic application |
Inflammatory and other chronic diseases |
| Geography coverage |
Brazil only |
| Enforceability |
Limited to Brazil |
Key Takeaways
- BRPI0713334 has a broad composition scope, with specific active compound combinations and methods.
- Its enforceability is confined to Brazil, with no direct international protection.
- The patent landscape indicates active filings in Brazil for similar combination therapies, with competitive and legal challenges.
- The patent's strength depends on its claims' novelty over prior art, particularly in formulation and ratios.
- Expiration is likely in 2027 unless extensions or legal issues alter this.
FAQs
1. Can this patent be extended beyond 2027 in Brazil?
No. Patent term extensions are generally unavailable for pharmaceutical patents in Brazil unless for regulatory delays, which are limited.
2. Are there similar patents outside Brazil?
Yes. Other jurisdictions like the US, Europe, and PCT filings may contain similar claims, but each must be evaluated separately for scope and patent term.
3. How likely is it that this patent will face invalidation?
It depends on prior art; claims based on novel ratios and preparation methods may withstand challenges if well-supported by data.
4. Can competitors formulate similar compositions without infringing?
If they alter active ratios, use different active compounds, or change formulation methods, they may avoid infringement.
5. What strategies can patent holders pursue in Brazil?
Maintaining patent validity, monitoring legal challenges, and considering patent extensions or supplementary protection certificates (SPCs) can extend market exclusivity.
References
[1] INPI. (2010). Grant document for patent BRPI0713334. Retrieved from INPI database.
[2] World Intellectual Property Organization. (2023). Patent landscape report for pharmaceutical patents Brazil.
[3] Brazilian Patent Law (Law no. 9,279/1996).
[4] European Patent Office. (2022). Guidelines for Examination of Patent Applications.
[5] PCT Applicant Information. (2023). International filings and patent strategies.
Note: Data is based on available patent documents and patent law policies as of 2023.
