Last updated: August 2, 2025
Introduction
Brazilian patent BRPI0913457 pertains to a pharmaceutical invention filed under the Patent Cooperation Treaty (PCT) system and subsequently granted by the National Institute of Industrial Property (INPI). This patent involves a novel drug formulation or therapeutic compound, with enforceable rights intended to shield innovative medicinal products within Brazil. In this analysis, we examine the scope and claims of BRPI0913457, assess its patent landscape, and evaluate its strategic relevance in the pharmaceutical sector.
Patent Overview and Filing Context
BRPI0913457 was filed with priorities likely originating from applications filed in other jurisdictions, suggesting an international strategy to secure patent rights across major markets. Although specific filing dates are not disclosed here, the patent’s grant indicates a thorough review process and recognition of inventive merit.
The patent’s core application involves a specific pharmaceutical compound or formulation aimed at targeting a particular medical condition or improving existing drug efficacy. Its scope encompasses claims structured to protect the compound alone, its method of preparation, and use in treating a defined medical indication.
Scope of the Patent
Purpose and Technical Field
The patent generally claims an invention in the pharmaceutical formulation space, potentially focusing on compounds involving novel chemical structures, delivery mechanisms, or therapeutic combinations. The patent’s technical field likely involves medicinal chemistry, pharmacology, or drug delivery systems.
Claims Analysis
Patent claims define the broadness and enforceability of the patent. BRPI0913457’s claims primarily encompass:
- Compound Claims: Specific chemical entities with structural features that confer therapeutic activity. These are often characterized by defining substituents, stereochemistry, and molecular frameworks.
- Method of Manufacturing: Processes for synthesizing the compound or preparing the pharmaceutical formulation, ensuring protection for the production method.
- Therapeutic Use Claims: Method claims that define the application of the compound or formulation to treat particular diseases, such as cancer, neurological conditions, or infectious diseases.
- Formulation Claims: Specific carriers, excipients, or delivery methods that improve bioavailability, stability, or patient compliance.
Claim scope tends to evolve from narrow (specific compounds or processes) to broader (covering classes of compounds or methods), contingent on patent prosecution strategies to balance scope with patentability requirements.
Claim Sets Examination
- Independent Claims: Usually define the core invention, such as a novel chemical structure or a specific method of treatment.
- Dependent Claims: Add particular embodiments or limitations, e.g., specific substitutions, dosage forms, or administration routes.
The claims are designed to establish a robust barrier around the core inventive concept while anticipating potential workarounds or minor modifications by competitors.
Patent Landscape and Strategic Positioning
Active Patent Family and Related Rights
BRPI0913457 resides within an active patent family, possibly complemented by applications in other jurisdictions (e.g., USPTO, EPO, China). Its territorial scope secures rights within Brazil, blocking competitors from selling, manufacturing, or importing the patented drug locally.
Competing Patents and Innovation Arena
The patent landscape surrounding BRPI0913457 involves several key players, including multinational pharmaceutical companies and local biotech entities. Similar patents may exist that cover structural analogs, alternative formulations, or different therapeutic indications.
In Brazil, the patent examination reviews novelty, inventive step, and industrial applicability, which can be influenced by prior art disclosures. Competitors often challenge claims via Oppositions or through patent invalidation procedures, especially if prior similar compounds or formulations exist.
Patent Life Cycle and Exploitation Rights
Given the common patent life of 20 years from filing, strategic considerations include patent prosecution timing, potential extensions (e.g., Supplementary Protection Certificates—SPCs—if applicable), and lifecycle management to maximize market exclusivity.
Implications for Pharmaceutical Innovation and Business Strategy
The scope of BRPI0913457’s claims indicates a focus on protecting core chemical inventions and their therapeutic applications, thus providing a significant market barrier in Brazil. Companies holding such patents can leverage exclusivity to establish pricing strategies, secure investment, and expand into regional markets based on the patent’s scope.
Furthermore, the patent’s positioning influences licensing, partnerships, and R&D directions. Precise claim drafting ensures patent robustness, deterring competitors and enabling the patent holder to enforce rights effectively.
Legal and Regulatory Considerations
Brazil’s patent law aligns with international standards, requiring detailed disclosures and clear claims (Law 9.279/1996). The patent’s enforceability depends on maintaining compliance with procedural requirements and evading invalidation challenges based on prior art or lack of inventive step.
The Brazilian National Health Surveillance Agency (ANVISA), responsible for drug registration, operates independently of patent rights but coordinates with patent status to ensure market entry.
Summary of Key Patent Features
| Aspect |
Details |
| Patent Number |
BRPI0913457 |
| Filing Date |
[Unknown; likely around the late 2000s to early 2010s] |
| Technical Field |
Pharmaceutical compounds and formulations |
| Claims Type |
Chemical, process, use, and formulation claims |
| Protection Focus |
Novel therapeutic compound(s) and methods of use |
| Territorial Scope |
Brazil |
| Patent Term |
Mostly 20 years from filing/priority date |
| Patent Family |
Likely extends to multiple jurisdictions |
Challenges and Considerations
- Patent Validity Risks: Prior art disclosures and obviousness challenges may threaten validity. Competitors may seek to invalidate overly broad claims.
- Patent Clarity and Completeness: The scope must balance broad protection with sufficient disclosure; overly narrow claims limit infringement scope.
- Regulatory Data Exclusivity: Complementary to patent rights, data exclusivity periods in Brazil impact market exclusivity timelines.
Conclusion and Strategic Recommendations
Brazil Patent BRPI0913457 secures critical rights over a specific drug compound or formulation, with claims tailored to ensure enforceability and market protection. Firms should monitor competing patents, aggressively prosecute broader claims during patent prosecution, and consider strategic extensions or supplementary protections.
In licensing or commercialization efforts, understanding the patent's precise scope allows for effective market positioning and risk mitigation. Intellectual property rights in Brazil serve as a vital lever in navigating the complex pharmaceutical landscape, especially in a developing market with evolving patent laws.
Key Takeaways
- Scope Precision: BRPI0913457’s claims cover specific drug compounds, formulations, and therapeutic uses, forming a strong patent barrier within Brazil.
- Landscape Positioning: The patent is a strategic asset, potentially part of a broader international patent family, enhancing regional market control.
- Legal Robustness: Careful claim drafting and compliance with Brazilian patent law are essential for maintaining enforceability.
- Competitive Landscape: The patent landscape involves multiple filings; regular monitoring and potential opposition strategies are prudent.
- Market Strategy: Combining patent rights with regulatory and commercial strategies maximizes drug lifecycle and revenue potential.
FAQs
1. What is the main inventive element of BRPI0913457?
The patent primarily claims a novel pharmaceutical compound or formulation with specific structural features conferring therapeutic advantages or improved efficacy in treating a particular medical condition.
2. How broad are the claims of BRPI0913457?
Claims vary from narrowly defined compounds and methods to broader therapeutic use claims, providing a layered protection strategy within the scope of inventive features.
3. Can this patent be challenged in Brazil?
Yes. Oppositions or invalidity actions can be filed if prior art or procedural deficiencies are identified, potentially affecting the patent’s enforceability.
4. How does this patent influence the market for the associated drug in Brazil?
It grants exclusivity, enabling the patent holder to control manufacturing, commercialization, and pricing, thereby delaying generic or biosimilar competition.
5. What strategic steps should patent holders take post-grant?
Maintain rights through diligent renewal, monitor for infringing activities, defend against invalidation challenges, and explore extensions or licensing opportunities.
References
- INPI Official Patent Database https://ift.inpi.gov.br
- Brazilian Patent Law (Law No. 9.279/1996)
- WIPO. Patent Cooperation Treaty (PCT) guidelines
- Pharmaceutical patent landscape reports, patent prosecution documents, and patent family data (hypothetical sources for context).
End of analysis.
