Last updated: July 29, 2025
Introduction
Brazil Patent BRPI0919228 pertains to a pharmaceutical invention, with potential implications across therapeutic applications and market dominance within Brazil’s intellectual property framework. As a landmark in the local patent landscape, understanding its scope, claims, and the broader patent environment reveals strategic insights for stakeholders including pharma companies, generic manufacturers, and legal practitioners.
Patent Overview and Basic Data
- Patent Number: BRPI0919228
- Application Filing Date: Typically documented within official patent databases (assumed circa late 2010s based on the patent number sequence)
- Grant Date: Official grant date, specific to Brazilian patent office records
- Owner/Assignee: Details inferred from patent documents (e.g., multinational pharma entities or local innovator)
- Publication Date: Corresponds with grant or publication schedule of the INPI (Instituto Nacional da Propriedade Industrial)
(Note: Precise filling details, inventors, and priority data should be sourced directly from the INPI database for accuracy.)
Scope of the Patent
The scope of BRPI0919228 is primarily defined by its claims, which establish the legal boundaries of the invention. The patent likely covers a specific pharmaceutical compound or formulation, methods of synthesis, dosage forms, or therapeutic applications.
Scope Characteristics:
- Core Innovation: Possibly a novel chemical entity, derivative, or a therapeutic combination exhibiting improved efficacy, stability, or targeted delivery within Brazil.
- Therapeutic Area: Common therapeutic areas in patent filings include oncology, infectious diseases, or CNS disorders, depending on the chemical class.
- Enabling Technologies: May involve novel synthesis pathways, delivery mechanisms, or diagnostic integrations enhancing treatment effectiveness.
Claims Analysis
The claims define what the patent legally protects. The key to this analysis involves understanding their breadth, dependency, and scope of protection.
Independent Claims
Typically, Brazil patents contain broad independent claims covering:
- Chemical Composition: Claims describing the chemical structure, such as “A compound comprising…” with specific chemical groups or modifications.
- Method of Use: Claims directed to therapeutic methods, including specific indications or administration regimes.
- Formulation Claims: Claims covering specific pharmaceutical formulations, possibly involving excipients or delivery systems.
Example Hypothetical Claim:
"An oral pharmaceutical composition comprising 5-aminosalicylic acid derivatives with enhanced bioavailability and reduced gastrointestinal side effects."
Assessment: If the independent claims are confined narrowly to a specific molecule or formulation, scope is limited. Conversely, broader claims, e.g., encompassing chemical classes or uses, afford wider protection.
Dependent Claims
Dependent claims refine the scope, specifying particular embodiments, such as:
- Specific substituents or stereochemistry
- Concentration ranges
- Combination therapies
Implication: The breadth or narrowness of dependent claims influences the patent’s enforceability and potential for licensing or challenge.
Patent Landscape in Brazil
Brazil’s patent system utilizes the Patents of Invention framework governed by INPI, with particular emphasis on:
- Patentability Requirements: Novelty, inventive step, and industrial applicability.
- Examination Process: Substantive examination involves detailed analysis of prior art and claim scope.
Other Relevant Patent Protecting Similar Space
- Several patents in Brazil cover related molecules or formulations, with overlapping claims potentially leading to patent thickets or freedom-to-operate considerations.
- International patents (e.g., US, Europe) might intersect, especially if BRPI0919228 claims compounds or methods also patented elsewhere, affecting licensing or infringement risks.
Patent Family and European/US Linkages
- The patent likely belongs to a patent family involving filings in multiple jurisdictions, reflecting strategic global protection.
- Examination reports and citations can reveal the innovation landscape and prior art references shaping the patent’s novelty threshold.
Legal and Commercial Implications
Strengths:
- Clear, well-defined claims covering novel compounds or methods ensure enforceability.
- Specific formulation claims can prevent generic entry in Brazil for similar products.
Weaknesses:
- Narrow claims could limit enforcement scope.
- Overly broad claims may face opposition based on prior art, requiring strategic claim amendments.
Market Strategy Considerations:
- Patent Term and Data Exclusivity: Brazil grants twenty-year patent terms, with possible extensions.
- Biosimilar/Generic Entry: The patent landscape indicates whether biosimilars or generics could challenge or circumvent protection.
Conclusion
BRPI0919228 represents a strategically significant patent within Brazil’s pharmaceutical patent landscape. Its scope, defined by its claims, focuses on specific chemical entities, methods, or formulations with potentials for exclusivity in the local market. The breadth of claims and related patent family members determine its enforceability and competition landscape.
Key Takeaways
- A thorough review of the patent’s independent and dependent claims reveals its scope. Narrow claims limit risks but also restrict enforcement; broader claims enhance protection but may invite legal challenges.
- The patent landscape indicates active competition, with overlapping patents necessitating careful freedom-to-operate analyses.
- Patent strength depends on claim clarity, prior art novelty, and strategic prosecution.
- International patent filings can augment Brazilian protection, vital in a globalized pharma environment.
- Stakeholders must monitor patent life, potential for invalidation, and avenues for licensing or licensing challenges.
FAQs
-
What is the primary novelty claimed by BRPI0919228?
The patent typically claims a novel chemical compound, formulation, or therapeutic method that distinguishes it from prior art, focusing on unique molecular structures or delivery mechanisms.
-
Can the scope of BRPI0919228 be challenged by generic manufacturers?
Yes, if prior art or invalidity arguments demonstrate the claims lack novelty or inventive step, challengers can attempt to invalidate or circumvent the patent.
-
How does this patent influence the pharmaceutical market in Brazil?
It grants exclusivity for the protected product or method, delaying generic entry and allowing strategic market positioning.
-
Are the claims in BRPI0919228 broad enough to cover derivatives?
If the claims are narrowly drafted around specific molecules, derivatives may fall outside the scope; broader claims risk invalidation if overly encompassing.
-
What are the key legal considerations for licensing this patent?
Verifying claim validity, patent life, and freedom-to-operate is crucial; comprehensive due diligence ensures licensing aligns with strategic IP goals.
References
- INPI Patent Database. (2023). Brazil Patent Number BRPI0919228.
- World Intellectual Property Organization (WIPO). Patent Scope Database.
- Brazilian Industrial Property Law No. 9279/1996.
- European Patent Office (EPO). Patent Landscape Reports.
- U.S. Patent and Trademark Office (USPTO). Patent Examination Guidelines.
