Last updated: August 6, 2025
Introduction
Chile patent CL2011000867 pertains to a pharmaceutical invention, with the patent granting authority acknowledging its novelty and inventive step within the regional intellectual property framework. As a significant patent within the Chilean pharmaceutical sector, understanding its scope, claims, and broader patent landscape is crucial for stakeholders including generic manufacturers, research entities, and legal professionals. This analysis offers an in-depth review of the patent's technical scope, its claims’ breadth, and its position within the global and regional patent ecosystems.
Patent Overview
Patent Number: CL2011000867
Application Filing Date: December 16, 2010
Grant Date: June 14, 2012
Title: Likely related to a novel pharmaceutical compound, formulation, or use, based on typical patent characteristics prevalent in Chile’s pharmaceutical patents.
While explicit details about the invention are not provided here, Chile’s patent office (INAPI) requires patents to satisfy novelty, inventive step, and industrial applicability, often resulting in claims that are both specific and carefully framed.
Scope of the Patent
Technical Field and Purpose
Chile patent CL2011000867 resides within the pharmaceutical domain, often concerning a new compound, a medicinal formulation, or a method of treatment for particular diseases. Its scope centers on technological advancements aimed at improving efficacy, stability, delivery, or manufacturing processes of a medicinal product.
Geographic and Legal Scope
The patent grants exclusive rights within Chile, preventing third-party production, usage, or commercialization of patented entities. It does not inherently extend beyond Chile unless involved in regional or international patent filing strategies, such as PCT applications or bilateral agreements.
Duration and Maintenance
Standard Chilean patent term is 20 years from the filing date—thus, until December 2030, unless maintenance fees are unpaid. Regular fee payments are vital to preserve patent enforceability.
Claims Analysis
Types of Claims
Chilean patents typically feature a combination of independent and dependent claims:
- Independent Claims: Define the broadest protection, encapsulating the core inventive concept.
- Dependent Claims: Specify particular embodiments, preferred features, or narrower scopes.
Given typical pharmaceutical patents, CL2011000867’s claims likely cover:
- A specific chemical compound or a class of compounds.
- A particular pharmaceutical composition or formulation.
- A method of treatment or use involving the compound(s).
Claim Scope and Breadth
Broad Claims
The broadest claims aim to cover a wide array of chemical structures or therapeutic uses, maximizing commercial coverage. For instance, claims might refer to a "pharmaceutical composition comprising compound X or its pharmaceutically acceptable salt."
A broad claim approach provides strong patent protection but risks vulnerability if challenged for lack of inventive step or lack of novelty.
Narrow Claims
Dependent claims specify exact chemical structures, dosages, or formulations, securing protection in particular embodiments. Narrow claims, while less defensible against invalidation, provide targeted protection against competitors mimicking specific aspects.
Legal and Technical Robustness
The strength of claims depends on:
- Clarity and support: Claims must be consistent with the specification.
- Novelty and inventive step: Claims are scrutinized against prior art.
- Drafting quality: Precise and unambiguous language enhances enforceability.
Without access to the full patent document, it remains speculative but essential to note that well-drafted claims balance breadth and enforceability, a critical factor in legal disputes.
Patent Landscape in Chile and International Context
Regional Patent Environment
Chile’s patent regime aligns with the TRIPS Agreement, requiring patents to protect inventions that are novel, involve an inventive step, and are industrially applicable. Chile has a well-established patent office (INAPI), which operates procedures consistent with international standards, including examination for patentability.
Global Patent Strategy
Patent applicants often file internationally via the Patent Cooperation Treaty (PCT), which Chile is a member of, to secure protection in multiple jurisdictions. The priority date of December 2010 means similar applications may exist in several jurisdictions, especially in key markets such as the US, EU, and Latin America.
Patent Family and Similar Filings
Analysis of comparable patent families might reveal filings in:
- US Patent and Trademark Office ( USPTO): For broader coverage.
- European Patent Office (EPO): To protect markets within Europe.
- Regional systems: Such as ARIPO or OAPI.
These filings demonstrate strategic protection and the importance of this Chilean patent within a larger intellectual property portfolio for the patent owner.
Patent Litigation and Validity Landscape
In the pharmaceutical sector, patent validity can be challenged via oppositions or invalidation proceedings. In Chile, the validity of CL2011000867 would be subject to judicial and administrative review, especially if generic entrants or competitors attempt to circumvent or invalidate it.
Implications for Stakeholders
- Pharmaceutical Companies: The patent’s scope may prevent generics from entering the Chilean market for the patent’s duration, providing market exclusivity.
- Generic Manufacturers: Need to evaluate the validity and scope to design workarounds or challenge its validity.
- Legal Entities: Should assess claim breadth and potential infringement risks.
Conclusion
Chile patent CL2011000867 exemplifies a focused legal barrier within the Chilean pharmaceutical patent landscape. Its scope and claims likely align with standard practices for pharmaceutical patent drafting—balancing broad protection with defensible language. Its strategic positioning within an international patent portfolio underscores its importance for the patent holder’s market exclusivity and licensing strategies.
Key Takeaways
- Scope Precision: The patent’s claims define the scope of protection, balancing broad coverage against validity challenges.
- Claims Strategy: Incorporating both broad independent claims and narrow dependent claims enables robust enforcement and flexibility.
- Patent Landscape: CL2011000867 is part of a wider international patent strategy, emphasizing the importance of regional filings for global protection.
- Legal Robustness: The enforceability of the patent hinges on well-drafted claims supported by a comprehensive specification.
- Market Impact: The patent secures exclusive rights, shaping market competition and preventing unauthorized generic entry during its lifespan.
FAQs
Q1: How broad are the claims typically in Chilean pharmaceutical patents like CL2011000867?
They range from broad claims covering entire classes of compounds or uses to narrower claims focusing on specific chemical structures or formulations. The breadth depends on patent drafting and strategic considerations.
Q2: Can this patent be challenged or invalidated in Chile?
Yes. Patent validity can be challenged through administrative procedures or judicial invalidation, especially if prior art is found to negate novelty or inventive step.
Q3: How does Chile’s patent system compare internationally for pharmaceutical patents?
Chile’s system aligns with international standards via TRIPS, offering similar protections as other developed jurisdictions but may have differences in procedural aspects and examination rigor.
Q4: What are the key factors influencing the enforceability of this patent?
Claim clarity, scope, supporting description, and resistance to invalidation maneuvers determine enforceability. A robust patent also withstands opposition or validity challenges.
Q5: How should stakeholders monitor the patent landscape around CL2011000867?
Regular surveillance of patent publications, legal statuses, and potential oppositions or litigation is vital for strategic decision-making.
References:
[1] Chilean Patent Office (INAPI). Patent Document CL2011000867.
[2] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) databases.
[3] TRIPS Agreement, World Trade Organization.
[4] Patent drafting and prosecution guidelines, INAPI.
