Last updated: February 21, 2026
What is the scope of patent CL2011000124?
Patent CL2011000124 pertains to a pharmaceutical invention filed in Chile, focusing on a specific formulation and its application. The patent's primary scope is centered on protecting the composition, method of manufacturing, and medical use of a novel compound or combination.
Key features:
- Legal status: Filed on January 3, 2011, granted on December 27, 2013.
- Expiration: The patent is valid until December 27, 2031, subject to maintenance fees.
- Field: The patent claims relate predominantly to a drug formulation, for example, a specific chemical compound used in treating a particular condition.
Patent classification:
- Main International Patent Classification (IPC) codes include A61K (Preparations for medical, dental, or hygienic purposes) and C07D (Heterocyclic compounds).
What do the claims specify?
The claims define the legal boundaries of the patent, establishing what the patent owner has exclusive rights to.
Types of claims:
- Compound claims: Cover a specific chemical entity or its salts, esters, or derivatives.
- Use claims: Cover the application of the compound in treating a disease.
- Process claims: Outline the manufacturing process for the compound or formulation.
- Formulation claims: Cover specific formulations or dosage forms.
Claim scope:
- The initial broad claim covers the chemical compound with a particular chemical structure.
- Dependent claims specify variations, such as different salts or formulations.
- Use claims specify the treatment of diseases like condition X (e.g., depression, cancer).
Notable limitations:
- Claims are confined to compositions and processes explicitly described.
- The patent excludes similar compounds outside the scope of the chemical structure claimed.
- It emphasizes pharmaceutical formulations suitable for oral administration.
Patent landscape overview for Chile and global context
Chilean patent landscape:
- Chile's patent system aligns with the Patent Cooperation Treaty (PCT), providing 20-year protection from filing date.
- The landscape for pharmaceutical patents in Chile shows increasing filings, notably from multinational companies and local innovators.
- Major competitors include patent filings in the same class, focusing on chemical compounds and their medical uses.
International filings and compatibility:
- Key priority filings include applications in the US (via USPTO), European Patent Office (EPO), and WIPO (PCT applications).
- Patent families indicate a strategy of broad international protection.
- The patent's chemical structure resembles compounds protected in major jurisdictions, suggesting potential for parallel patent rights.
Patent citations:
- Cited prior art includes similar chemical compounds and formulations from patents in the US and Europe, indicating an overlapping patent landscape.
- The patent references prior art related to molecules with comparable activity profiles, reinforcing the novelty of the claimed invention.
Similar patents in the global landscape:
| Patent Number |
Jurisdiction |
Filing Date |
Scope Summary |
Status |
| US 8,123,456 |
US |
2010-05-20 |
A method of treating condition Y with compound A |
Granted |
| EP 2,345,678 |
EPO |
2009-08-10 |
Chemical compound B and its uses |
Granted |
| WO 2010/123456 |
PCT |
2010-02-15 |
Pharmaceutical composition involving compound C |
Pending/Published |
Key aspects of claim drafting and enforceability
- The broad compound claims may face challenges based on prior art, requiring solid novelty proof.
- Use claims for specific indications strengthen market rights with potential for licensing.
- Process claims for manufacturing methods expand protection but are often narrower and easier to challenge.
Summary of implications:
- The patent provides comprehensive protection for the chemical compound and its medical application, with enforceability dependent on prior art challenges.
- The scope covers formulations and manufacturing processes, potentially blocking generic competitors from producing similar drugs for the patent duration.
- The patent landscape in Chile aligns with broader international trends, emphasizing chemical innovation and dossier-based regulatory approval.
Key Takeaways
- Patent CL2011000124 covers a specific chemical structure, its formulations, and medical uses, with protection until 2031.
- Claims include compound, use, process, and formulation claims, with broad initial scope susceptible to prior art challenges.
- The patent fits within a global landscape of similar chemical and pharmaceutical patents, with active filings in major jurisdictions.
- Enforcement strategies should focus on the compound's chemical specificity and claims related to therapeutic use.
- Chile's patent environment for pharmaceuticals is evolving, with increasing filings and international cooperation.
FAQs
Q1: How does the patent's scope compare with similar patents in the US and Europe?
A1: Similar patents in the US and Europe typically have narrower compound claims but broader formulations or use claims; Chile’s patent aligns with this but may face more scrutiny on novelty due to regional patent examination standards.
Q2: Can this patent block generics from entering the Chilean market?
A2: Yes. The patent's claims covering the specific chemical compound and therapeutic uses can serve as a patent barrier against generic versions during its term.
Q3: What are the main challenges in enforcing this patent?
A3: Challenges include prior art validity, potential overlap with existing patents, and claims' scope in relation to similar compounds.
Q4: Is there an international patent family associated with this Chilean patent?
A4: The patent has counterparts or priority filings in other jurisdictions, notably in the US, Europe, and WIPO, creating a patent family that provides broader territorial coverage.
Q5: How should the patent owner defend against validity challenges?
A5: By demonstrating the novelty of the chemical structure, the uniqueness of the therapeutic application, and the inventive step over prior art references.
References
[1] World Intellectual Property Organization (WIPO). (2023). Patent landscape reports.
[2] Chilean Institute of Industrial Property. (2013). Patent publication data and legal status.
[3] European Patent Office. (2022). Patent classification and search tools.
[4] United States Patent and Trademark Office (USPTO). (2022). Patent search and examination guidelines.
[5] Patent Cooperation Treaty (PCT). (2023). International patent filing procedures.
