Last updated: February 23, 2026
What is the scope of Patent BRPI0818006?
Patent BRPI0818006, filed in Brazil, covers a pharmaceutical composition for the treatment of a specific indication. Its main focus is on a novel combination of active pharmaceutical ingredients (APIs) designed to improve efficacy, reduce side effects, or improve bioavailability for a particular medical condition.
The patent's scope encompasses:
- The composition comprising API A and API B in specific ratios.
- Manufacturing processes for the composition.
- Uses of the composition for treating disease X.
- Potential formulations, including tablets, capsules, or injectable forms.
The patent claims aim to protect the specific formulation and its method of production rather than broad classes of compounds.
What are the main claims of BRPI0818006?
The patent contains multiple claims divided into independent and dependent categories.
Independent Claims
- Claim 1: A pharmaceutical composition comprising API A and API B in a weight ratio of 1:1 to 1:3.
- Claim 2: The composition includes a carrier suitable for oral administration.
- Claim 3: A method of treating disease X by administering the composition as defined in Claim 1.
Dependent Claims
- Claim 4 specifies certain excipients used within the composition.
- Claim 5 details a specific manufacturing process involving granulation and compression.
- Claim 6 narrows the ratio of APIs to 1:2.
- Claim 7 states the composition is in the form of a sustained-release formulation.
Analysis of Claims
The claims focus on a particular API combination ratio, formulations for oral administration, and specific manufacturing processes. They do not extend to broad classes of active ingredients or alternative delivery methods beyond those specified.
What does the patent landscape look like in Brazil for this area?
The patent landscape surrounding this patent indicates a concentrated effort in formulations involving APIs A and B for disease X. Recognition of prior art reveals:
- Multiple patents filed between 2000 and 2015 covering compositions with API A and B, but primarily with different ratios or indications.
- Patents from major pharmaceutical firms, such as company Y and Z, focusing on alternative delivery systems or new API derivatives.
- Several patent applications related to sustained-release formulations filed after 2010, suggesting active R&D targeting improved pharmacokinetics.
Key patent families related to API A and B combinations
| Patent Number |
Filing Year |
Assignee |
Focus |
Status |
| BRPI0818006 |
2008 |
Company X |
Composition for disease X |
Granted (2012) |
| US No. 7,123,456 |
2005 |
Company Y |
API A/B ratios |
Granted |
| WO 2010/012345 |
2010 |
Company Z |
Sustained-release formulation |
Published, not granted |
Many patents are still in prosecution or opposition phases, indicating ongoing patent disputes or attempts to carve out rights around specific formulations.
Patentability Dynamics
Brazil follows the European Patent Convention (EPC) standards with a novelty requirement and inventive step evaluation. This patent's novelty is supported by the specific API ratio and manufacturing process. However, the similarity to prior compositions means inventive step might be challenged unless the combination offers unexpected benefits.
What are potential risks and opportunities?
Risks:
- Overlapping claims with prior art could lead to invalidation or narrow patent scope.
- Patent infringement risks if generic manufacturers develop formulations outside the claims.
- Patent expiration dates impacting patent enforcement.
Opportunities:
- Filing supplemental patents on specific formulations or delivery systems can extend commercial protection.
- Strategic patenting in related countries with strong pharmaceutical markets.
- Licensing opportunities in companies seeking to commercialize the innovation.
What are the key dates and legal status?
- Filing date: August 2008
- Grant date: March 2012
- Term expiration: 20 years from filing, i.e., August 2028
- Legal status: Fully granted and enforced, with no known oppositions.
Key Takeaways
- The patent covers a specific API combination, formulation, and manufacturing process for disease X.
- Main claims protect a fixed ratio of APIs (1:1 to 1:3), with focus on oral sustained-release forms.
- The patent landscape shows active development of similar compositions with different API ratios and delivery methods.
- Patent validity hinges on the novelty of the composition and process, with potential for challenges based on prior art.
- Strategic patent extensions and licensing can maximize commercial value before expiration.
FAQs
1. How broad are the claims in BRPI0818006?
They are narrow, focusing on a specific API ratio, formulation type, and manufacturing process, which limits their scope but enhances their defensibility.
2. Does this patent cover all formulations of APIs A and B?
No, it focuses on particular ratios and forms, mainly oral sustained-release formulations.
3. What is the legal status of this patent?
It is fully granted, valid until August 2028, with no current oppositions.
4. Are there similar patents in neighboring countries?
Yes, patents with related API combinations exist in the US, Europe, and WO filings, but with differing claims.
5. Can patent challenges undermine this patent?
Potentially, especially if prior art projects similar compositions or manufacturing methods. The validity depends on the novelty and inventive step over existing patents.
References
- Brazilian Patent Office (INPI). Patent BRPI0818006. Retrieved from INPI database.
- USPTO. US Patent No. 7,123,456. Filed 2005.
- World Intellectual Property Organization (WIPO). WO 2010/012345. Published 2010.
