Last updated: August 13, 2025
Introduction
Patent CL2006001266, granted in Chile, pertains to a pharmaceutical invention with defined claims and scope that influence its patentability, marketability, and competitive positioning. This analysis dissects the patent’s claims, scope, and positioning within the broader patent landscape—both regional and global—offering insights for stakeholders involved in licensing, patent strategy, and competitive intelligence.
Patent Overview and Basic Data
- Patent Number: CL2006001266
- Grant Date: (Assumed based on typical patent durations—actual date should be verified)
- Applicant/Owner: (Details not publicly available—requires confirmation)
- Application Priority: Likely filed in or around 2006, possibly claiming priority from earlier applications (e.g., international PCT filings)
- Jurisdiction: Chile, with potential implications for regional and international patent strategies.
Scope and Claims Analysis
Claims Structure Overview
The claims define the legal boundary of the patent rights. Typically, pharmaceutical patents encompass:
- Composition of matter (active compounds or drug formulations)
- Use or method of treatment
- Manufacturing processes
In CL2006001266, the claims likely focus on:
- The specific active ingredient or combination thereof
- A novel formulation or delivery method
- A particular use or therapeutic application
(Note: Exact claims content should be sourced from the official patent document, as available in Chile's Instituto Nacional de Propiedad Industrial (INAPI) database).
Primary Claims
The core claims are expected to secure exclusivity over:
- A specific chemical compound or derivative with particular structural features
- A unique pharmaceutical composition including such compound, possibly with stabilizers or carriers
- A therapeutic method for treating a disease or condition with the compound or composition
Scope considerations:
- Novelty: The claims likely cover an inventive molecule or mechanism not disclosed elsewhere.
- Non-obviousness: Claims probably involve an unexpected therapeutic activity or improved pharmacokinetics, supporting inventive step.
- Industrial applicability: As a pharmaceutical, the claims satisfy patentability criteria through demonstrated use.
Dependent Claims
Dependent claims will specify embodiments, such as:
- Different dosage forms (e.g., tablets, injectables)
- Specific chemical variants or salt forms
- Methodologies for manufacturing or formulation processes
These narrow the scope but enhance patent robustness by covering various embodiments.
Patent Scope
The overall scope is delineated by:
- Chemical exclusivity: Preventing competitors from producing or selling the patented compound or its close derivatives.
- Therapeutic claims: Protecting specific indications or treatment protocols.
- Formulation claims: Guarding particular compositions or delivery vectors.
Limitations: The scope may be constrained by prior art, especially if similar compounds or uses were disclosed internationally prior to filing. Chilean patent law permits broad claims if novelty and inventive step are sufficiently demonstrated.
Patent Landscape Context
Regional and International Considerations
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Global Patent Landscape: The patent’s novelty and claims scope should be evaluated against the World Intellectual Property Organization’s (WIPO) published applications, the European Patent Office (EPO), and the United States Patent and Trademark Office (USPTO). Despite geographic limitations, if the patent claims priority from an international application, it may be part of broader patent families.
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Chile’s Patent Environment: Chile, as a member of the Andean Community, aligns closely with regional patent standards, emphasizing novelty, inventive step, and industrial applicability. The patent landscape thus includes numerous foreign filings covering similar compounds or methods, possibly affecting the strength or scope of CL2006001266.
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Patent Term and Exclusivity: The patent generally grants 20 years from the filing date, supporting market exclusivity, subject to maintenance fees.
Competitive Patent Filing
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Precedent Patents: Key competitors may have filed similar drug patents in Chile or internationally. Analyzing patent databases complements this landscape review, especially focusing on:
- Similar compounds or therapeutic classes
- Formulation innovations
- Use patents for the same indication
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Freedom-to-Operate (FTO): For commercialization, companies must verify that no third-party patents hinder exploitation, especially in overlapping jurisdictions.
Legal and Market Implications
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Strength of Claims: Broad claims covering active compound classes or therapeutic methods bolster enforceability but risk challenges from prior art disclosures. Narrow claims, while less robust, may be easier to defend.
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Potential Challenges: International prior art or post-grant oppositions in Chile could threaten patent validity, especially if prior disclosures are identified.
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Infringement Risks: Competing drugs with similar active ingredients or indications must be assessed against CL2006001266 claims. Patent litigation or licensing negotiations hinge on claims interpretation.
Conclusion and Strategic Recommendations
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Patent Positioning: CL2006001266 appears to secure fundamental rights over a specific pharmaceutical entity, with scope tailored through primary and dependent claims. It provides a solid foundation for exclusivity, provided its claims are robust against prior art.
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Landscape Navigation: Positioning within the patent landscape requires ongoing monitoring of filings in key jurisdictions. Innovators should examine existing patent families and patent publications that might affect or expand the scope of this patent.
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Licensing and Market Entry: A comprehensive FTO analysis should be undertaken before market launch. Opportunities for licensing or patent defense strategies depend on the breadth and validity of the claims.
Key Takeaways
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The scope of CL2006001266 likely encompasses a specific active pharmaceutical ingredient or formulation and its therapeutic use, with claims structured to secure broad protection while maintaining defensibility against prior art.
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The patent landscape includes both regional filings in Latin America and international patents, necessitating detailed due diligence to evaluate freedom-to-operate and potential infringement risks.
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The robustness of the patent’s claims over similar prior art influences its enforceability, market exclusivity, and valuation.
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Continuous monitoring of both Chilean and international patent statuses is vital to sustain competitive advantage and plan diversified patent strategies.
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Patent owners should consider expanding claims via continuations or applications in other jurisdictions to reinforce global protection.
FAQs
1. How does CL2006001266 differ from similar international patents?
The specificity of claims—covering unique chemical derivatives, delivery methods, or therapeutic applications—defines its novelty vis-à-vis existing patents. Comparing claim language and scope reveals its distinctive protections.
2. Is the patent still valid, and what are the renewal requirements?
As a Chilean patent, validity depends on timely payment of maintenance fees, typically due annually. The patent’s term generally extends 20 years from the filing date, assuming all fees are paid.
3. Can the claims be broadened or narrowed post-grant?
Post-grant amendments are possible in Chile under certain conditions, which can help address infringement issues or refine scope, but must comply with legal standards to avoid patent nullification.
4. What is the strategic value of this patent in Latin America?
It serves as a regional safeguard, allowing exclusivity in Chile and potentially enabling further regional patent filings via patent family rights.
5. How does this patent impact generic development?
The patent inhibits generic manufacturing and sale in Chile during its term. Once expired or challenged successfully, generics can enter the market freely.
Sources
[1] Chile’s National Institute of Industrial Property (INAPI): Official patent document database.
[2] World Intellectual Property Organization (WIPO): International patent applications and family data.
[3] Chilean Patent Law and Regulations.
Note: For precise claims language and legal validity, access the official patent document in the INAPI database or through legal counsel.
