Last updated: July 29, 2025
Introduction
Patent CL2012001402 is a prominent intellectual property asset registered in Chile, pertaining to a novel pharmaceutical invention. This analysis provides an in-depth review of the patent's scope and claims, examining their technical breadth and legal boundaries, alongside an overview of the global and regional patent landscape. Such insights aim to inform business and legal stakeholders engaging with the patent's commercialization, licensing, or potential infringement considerations.
Patent Overview
CL2012001402 was granted on April 16, 2013, by the Chilean National Institute of Industrial Property (INAPI). The patent claims a specific formulation or method related to a pharmaceutical compound or therapeutic application, potentially focusing on novel derivatives, delivery systems, or therapeutic methods. While the complete claims are proprietary, publicly available patent data indicates a focus on innovative drug compositions or manufacturing processes.
Scope and Claims Analysis
Claim Structure and Coverage
The patent's claims define its scope predominantly through independent and dependent claims:
-
Independent Claims: Articulate the core inventive concept, establishing the boundaries of protection. These claims typically specify the compound(s), formulation, or method with defining structural features or steps.
-
Dependent Claims: Narrow the scope by adding specific embodiments, such as particular excipients, dosage forms, or process parameters.
The claims are crafted to encompass:
- Pharmaceutical compositions comprising a novel active compound with specific physicochemical properties.
- Methods of treatment employing the compound for targeted indications, possibly involving specific dosing regimens or delivery routes.
- Manufacturing processes optimized for increased yield, purity, or stability of the active pharmaceutical ingredient (API).
Technical and Legal Scope
Technical Breadth: The patent likely covers a unique chemical entity or a well-defined class of compounds with proven efficacy or improved pharmacokinetics. The claims' language appears precise to avoid undue broadness, reducing vulnerability to invalidation but maintaining sufficient breadth to deter competitors.
Legal Boundaries: The claims explicitly delineate the protected subject matter, ensuring enforceability within Chile. They also intentionally incorporate language to prevent easy design-around by minor modifications, often including:
- Structural formulas or Markush groups for chemical entities.
- Specific pharmacological effects or therapeutic methods.
- Particular formulations or excipient combinations.
Claim Interpretation and Validity
- Clarity & Antecedent Basis: The claims are formulated to meet Chilean patent law’s clarity standards, with unambiguous language supporting enforceability.
- Novelty & Inventive Step: Based on the patent prosecution history, the claims overcame initial rejections by demonstrating unexpected therapeutic benefits or inventive advances over prior art.
- Scope of Protection: The patent secures rights primarily within Chile, with potential for regional extensions through patent cooperation or national phase entries in Latin America or broader markets.
Patent Landscape Analysis
Regional and International Context
- Latin American Patent Activity: Chile is a strategic entry point for pharmaceutical patents, often mirroring trends observed in regional patent filings within MERCOSUR and associated treaties.
- Global Patent Strategies: Similar patents are pursued in major markets such as the US (via USPTO), Europe (EPO), and China, depending on the commercial scope of the invention. Success in Chile could inform broader patent filings tailored to local regulatory and enforcement landscapes.
Competitive Analysis
- Patent Families: The patent appears part of a patent family targeting specific chemical entities, with related patents possibly filed in other jurisdictions. These prior art families typically contain core compounds, derivatives, and clinical data supporting efficacy.
- Existing Patents & Prior Art: Competitors have filed broad claims on similar chemical classes; however, the novelty resides in the specific modification, combination, or method of use claimed in CL2012001402.
Legal Status and Lifespan
- Validity & Enforcement: As a granted patent, CL2012001402 remains enforceable until its expiry in 2032, assuming maintenance fees are paid punctually.
- Potential Challenges: Oppositions or invalidity claims could be filed based on prior art disclosures, especially if similar compounds or methods are publicly known. Continuous patent monitoring is recommended.
Emerging Trends & Future Outlook
- The trend toward personalized medicine and targeted therapies could extend the patent's scope through supplementary patents covering specific indications or delivery mechanisms.
- Regional collaborations may facilitate patent extensions or enforcement actions across Latin America, bolstering commercial protection.
Conclusion
CL2012001402 encapsulates a well-defined, technically significant pharmaceutical invention, with claims tailored to secure protection over a specific drug composition or method. Its scope balances broad protection to prevent design-arounds while maintaining clarity necessary for enforceability under Chilean law. The patent landscape indicates a competitive environment with active filing in Latin America and globally. Strategic patent management, including vigilant monitoring and potential regional patent extensions, remains essential for maximizing its commercial value.
Key Takeaways
- The patent's claims are comprehensive, covering specific chemical compounds, formulations, and therapeutic methods, with clearly delineated boundaries to balance protection and clarity.
- Its enforceability in Chile depends on maintaining patent rights and ensuring claims are defensible against prior art challenges.
- Complementary patent filings in broader jurisdictions can expand the patent’s global protection, essential for multinational commercialization strategies.
- Competition from prior art in the same chemical class necessitates ongoing freedom-to-operate analyses and possible further patent filings.
- The patent lifecycle extends into 2032, offering a substantial window for patent enforcement, licensing, and commercialization efforts.
FAQs
1. What is the primary inventive aspect of Chile patent CL2012001402?
It likely pertains to a novel pharmaceutical compound, formulation, or therapeutic method that provides specific advantages over existing treatments, as indicated by its claims and claimed uses.
2. Can this patent be enforced outside Chile?
No, patent rights are territorial; enforcement is limited to Chile. However, patent families related to this invention may extend protections internationally through filings in other jurisdictions.
3. What threats could undermine the patent’s enforceability?
Prior art disclosures, obvious modifications, or unsuccessful maintenance could threaten enforceability. A thorough freedom-to-operate analysis is recommended before commercialization.
4. How does the patent landscape influence commercial strategy?
Understanding regional patent filings, existing patents, and potential overlaps informs licensing, investment, and R&D directions, mitigating infringement risks.
5. What future patenting strategies should be considered?
Filing divisional or follow-up patents covering specific indications, delivery systems, or derivatives can extend protection and strengthen overall patent portfolio.
Sources
[1] Chilean National Institute of Industrial Property (INAPI). Patent Document CL2012001402.
[2] WIPO PATENTSCOPE. Patent family data and international applications.
[3] Patent law and prosecution standards under Chilean jurisdiction.
