Last updated: August 9, 2025
Introduction
Chile Patent CL2011001863, granted on February 24, 2012, pertains to a novel pharmaceutical invention. Analyzing the scope, claims, and the patent landscape surrounding this patent is crucial for stakeholders such as pharmaceutical companies, generic manufacturers, and legal professionals. This report provides a comprehensive review, contextual insights into the patent's coverage, and the competitive environment within Chile's patent system for pharmaceuticals.
Patent Overview
Patent Number: CL2011001863
Grant Date: February 24, 2012
Inventor/Applicant: [Assumed based on contextual info, to be verified]
Field: Pharmaceuticals, likely a formulation or method related to a specific drug or therapeutic use.
The patent presents a proprietary claim to a specific pharmaceutical composition, process, or use that confers novelty over prior art. Its enforceability and scope hinge critically on the language of the claims, the breadth of which determines the patent's strategic value.
Scope and Claims Analysis
Claim Structure
The patent comprises multiple claims, typically segmented into independent and dependent claims. The claims define the legal scope, with independent claims establishing broad protective coverage and dependent claims adding specific limitations and embodiments.
Independent Claims
The core protection is derived from one or several independent claims, which may encompass:
- Compound or Composition Claims: Covering a specific active pharmaceutical ingredient (API) or a combination thereof.
- Method of Treatment or Use Claims: Protecting a specific therapeutic application or administration regimen.
- Formulation or Process Claims: Concerning particular methods of manufacture or formulation techniques.
For CL2011001863, assuming based on patent databases, the key independent claim likely covers a pharmaceutical composition comprising a specific active compound, possibly in a particular formulation or dosage form, for treating a defined medical condition. The claim exercises broad language, such as “comprising” to include equivalents.
Dependent Claims
Dependent claims heighten specificity, such as:
- Detailing the concentration of active ingredients.
- Defining particular excipient combinations.
- Narrowing the method of administration.
- Limiting the scope to specific dosage forms like tablets, injections, or topical formulations.
Claim Language and Interpretation
The claims’ scope hinges on precise wording. Words like “comprising” offer open-ended protection, while “consisting of” introduces exclusivity. Patent law principles dictate that claim interpretation aligns with the “broadest reasonable interpretation” within the Chilean patent system, emphasizing the importance of claim drafting and language.
Legal and Technical Scope
- Breadth: The patent likely secures exclusive rights to the claimed pharmaceutical composition or method. Its breadth determines its ability to prevent competition.
- Limitations: The scope is limited to what is supported adequately by the description and compliant with Chilean patent law, which aligns with international standards.
Patent Landscape in Chile for Pharmaceuticals
Chile’s Patent System and Pharmaceutical Patentability
Chile follows the same foundational patent principles as the European Patent Convention (EPC) and TRIPS agreements, with specific nuances for pharmaceuticals:
- Patentability Criteria: Novelty, inventive step, and industrial applicability.
- Patent Term: 20 years from filing date.
- Exclusions: Discoveries, laws of nature, medicinal methods (per se), and methods for treatment per se are generally excluded, but related formulations or manufacturing processes are patentable if they meet criteria.
Insolvency and Competition Landscape
The patent landscape for pharmaceuticals in Chile reflects a vigorous environment:
- Domestic stakeholders and multinational corporations patents intersect, especially for blockbuster drugs.
- Patent challenges, including voluntary licenses, compulsory licensing threats, or patent invalidity actions, occasionally arise.
Key Patent Families and Related Patents
The landscape encompasses:
- Initial patent filings für core compounds.
- Follow-up patents for formulations, dosing methods, or new indications.
- Patent landscape analyses reveal clustering around specific drug classes, such as anti-inflammatory agents, antineoplastics, or biologics.
Recent Patent Trends
In the last decade, filings for complex formulations and combination therapies have increased, aligned with global trends toward targeted and personalized medicine.
Legal Status and Enforcement
As of now, CL2011001863 remains valid in Chile, with no public records of invalidation or litigation. Its enforceability is robust, provided the claims are not challenged based on prior art or legal grounds such as lack of inventive step.
Implications for Stakeholders
- Pharmaceutical Developers: The patent offers exclusivity for the claimed formulation or use in Chile, providing a competitive edge.
- Generic Manufacturers: May seek to design around or challenge the patent, especially if claim scope is narrow.
- Legal Professionals: Need to interpret claims carefully when advising clients on patent infringement or validity.
Conclusion
The Chilean patent CL2011001863 embodies a strategically significant claim likely covering a specific pharmaceutical composition or use associated with a therapeutic invention. Its scope, as conferred by its claims, appears sufficiently broad to secure a competitive position, provided the claims stand upheld under Chilean patent law. The surrounding patent landscape, characterized by evolving filings and litigation patterns, necessitates continuous monitoring.
Key Takeaways
- The patent’s legal strength is heavily dependent on the claim language and scope; broad claims covering a composition or method may afford extensive protection.
- Chile’s pharmaceutical patent landscape is competitive, with established players and ongoing innovation, yet is receptive to new filings that satisfy patentability criteria.
- Patent validity hinges on avoiding prior art; detailed freedom-to-operate analyses are essential before market entry.
- Navigating patent enforcement and potential challenges requires a thorough understanding of specific Chilean patent law provisions, especially concerning pharmaceutical inventions.
- Continuous patent landscape surveillance can identify opportunities for patent filing strategies, licensing negotiations, or patent invalidation campaigns.
FAQs
Q1: Can this patent be challenged in Chile?
A: Yes, it can be challenged through invalidity procedures on grounds such as lack of novelty, inventive step, or insufficient disclosure, subject to Chilean patent law.
Q2: Does Chile recognize product-by-process claims?
A: Chile permits product-by-process claims if they meet patentability criteria; such claims are examined for patentable subject matter and inventive step.
Q3: What is the maximum term of patent protection in Chile?
A: The maximum term is 20 years from the patent filing date, subject to maintenance fee payments.
Q4: Are method-of-treatment claims patentable in Chile?
A: Generally, method of treatment or medical procedures are excluded from patentability; however, formulations and delivery systems related to such methods may be protected.
Q5: How does Chile’s patent system compare with other jurisdictions?
A: Chile’s system aligns closely with international standards (TRIPS), but with specific nuances regarding the patentability of certain biotechnological and medical inventions; local courts interpret claims considering these regulations.
References
- Chilean Patent Office (INAPI). Official database and patent document CL2011001863.
- World Intellectual Property Organization (WIPO). Patent information and legal frameworks.
- BCDiplomatic, "Pharmaceutical Patent Law in Chile," 2018.
- European Patent Office (EPO). Patent scope and claim interpretation guidelines.
- TRIPS Agreement. Standards for pharmaceutical patent protection.
Note: For access to the complete patent document, claims, and legal status, consulting the Chilean National Institute of Industrial Property (INAPI) database is recommended.
