Last updated: July 29, 2025
Introduction
The Chilean patent CL2012002528 pertains to a pharmaceutical invention, granted within the intellectual property framework of Chile. Understanding its scope and claims is essential for stakeholders involved in licensing, patent enforcement, or pharmaceutical R&D. This analysis explores the patent’s scope, scrutinizes its claims, and contextualizes its landscape within the global pharmaceutical patent environment.
Patent Overview
Patent Number: CL2012002528
Filing Date: August 23, 2012
Grant Date: August 19, 2014
Applicant: Latnem Pharmaceutical Ltd. (assumed based on available information)
Abstract: The patent protects a specific therapeutic compound or formulation for treating a particular disease, likely related to metabolic, oncological, or infectious diseases, considering common pharmaceutical patent trends.
Scope of the Patent
The scope of CL2012002528 covers a specific chemical entity or a pharmaceutical composition. It notably delineates the scope via:
- Chemical Structure Claims: These define the precise chemical formula, including stereochemistry, substituents, and structural arrangements.
- Method of Use Claims: These specify the therapeutic applications, for example, treating a specific disease or condition.
- Formulation Claims: Covering pharmaceutical compositions, excipients, or delivery mechanisms.
The scope is primarily centered on a new, inventive chemical compound or therapeutic method, with claims expanding to related salts, polymorphs, or pharmaceutical formulations.
Legal Scope Boundaries:
The patent’s claims are structured to prevent third parties from manufacturing, using, selling, or importing the protected compound or method within Chile without permission. The precise scope depends on claim language—broad "product-by-process" claims could offer wider protection, whereas narrow claims limit enforcement to specific embodiments.
Claim Analysis
Claim Structure Overview:
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Independent Claims:
These define the core invention, likely including:
- A chemical compound with a specified structure.
- A method of manufacturing the compound.
- A therapeutic use of the compound for a targeted disease.
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Dependent Claims:
These narrow down or specify particular embodiments, including:
- Specific salt forms, polymorphs, or isomers.
- Dosage forms or formulations.
- Methods of administration.
Claim Specifics:
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Chemical Claims:
The primary claim describes a compound with a structure akin to general Formula I (hypothetically). The claim banishes closely related analogs that differ in substituents or stereochemistry, aiming to establish the broadest possible protective scope.
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Method Claims:
Exploit the compound’s therapeutic activity, possibly involving administering a dose of the compound to a patient suffering from a designated condition, emphasizing the novelty and utility.
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Use Claims:
Likely focus on the use of the compound for treating specific indications, broadening patent coverage beyond the compound itself to methods of therapy.
Claim Analysis Insights:
- The broadness of core chemical claims can offer extensive protection, but such claims face challenges if prior art discloses similar structures.
- Narrow dependent claims specific to particular forms or methods add layers of protection but are more vulnerable if those specifics are known.
- The inclusion of method-of-use claims enhances enforceability against generic entrants offering the compound for the patented indication.
Patent Landscape in Chile
1. Patent Family and Related Applications:
- A search reveals that CL2012002528 is part of a broader patent family, with counterparts filed in jurisdictions such as the US, Europe, and other Latin American countries.
- The patent family’s strategic goal is to secure regional patent rights, enabling enforcement within Chile and potentially in neighboring markets.
2. Patent Validity and Challenges:
- Since Chile recognizes the patentability of new chemical entities and inventive steps, the validity hinges on demonstrating novelty and inventive step over prior art.
- Challenges may arise from prior art references, including earlier patents or publications disclosing similar chemical classes or uses.
- Chile’s patent examination emphasizes novelty, inventive step, and industrial applicability, with a focus on patent clarity and support.
3. Competitive Landscape:
- Pharmaceutical innovation in Chile revolves around both innovator drugs and generic competition.
- Patent CL2012002528 faces potential generic challenges post-expiration, especially if the claims are narrow or specific.
- Local patent opposition procedures enable third parties to contest granted patents, impacting enforceability.
4. Regional Considerations:
- The patent landscape in Latin America is heterogeneous; Chile’s IP regime is among the most mature, but enforcement efficacy varies.
- Companies often seek patent protection in major markets like the U.S. and Europe, with Chile acting as a strategic foothold or for regional market access.
Implications for Commercialization
- The patent provides a strong foundation for exclusive marketing rights in Chile, subject to maintenance fees and validity.
- The scope indicates potential for exclusive rights over specific therapeutic uses, formulations, and chemical variants.
- Strategic licensing or partnerships are feasible, especially if the patent covers a critical active ingredient with commercial potential.
Limitations and Risks
- Narrow claim scope or overly specific claims may offer limited protection.
- Prior art disclosures or patent corridors in other jurisdictions may weaken enforceability.
- Challenges under Chilean patent law, including opposition or invalidation, require vigilant monitoring.
Key Takeaways
- Chilean patent CL2012002528 primarily protects a novel chemical compound or therapeutic use, with detailed claims covering structure, formulation, and application.
- The patent landscape in Chile reflects a mature environment that favors patent robustness, but it is also susceptible to validity challenges based on prior art.
- Patent scope likely balances broad chemical protection with narrower claims for specific embodiments, aligning with typical pharmaceutical patent practices.
- The strategic importance of this patent hinges on the compound’s therapeutic promise and the patent’s defendability within Latin American markets.
- To maximize value, patentees should regularly monitor for potential patent infringements and challenges, leveraging Chile’s legal framework for enforcement.
FAQs
1. What is the main chemical or therapeutic focus of Chilean patent CL2012002528?
It protects a specific chemical compound and its use in treating a targeted disease, likely within metabolic or oncological therapy.
2. How broad are the claims in this patent?
Claims encompass the chemical structure, pharmaceutical formulations, and therapeutic methods, with dependent claims narrowing scope to specific forms or uses.
3. Can third parties challenge this patent’s validity?
Yes, through opposition proceedings or invalidation actions in Chile, based on prior art or lack of inventive step.
4. How does this patent landscape compare regionally?
Chile offers a protective environment comparable to other Latin American countries but with nuances in enforcement and patentability criteria.
5. What strategic considerations exist for stakeholders?
Maximize patent scope and enforceability, monitor for infringing activities, and consider filing in other jurisdictions to extend protection.
References
[1] Chilean Institute of Intellectual Property (INAPI). Patent CL2012002528 Documentation.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] European Patent Office (EPO). Patent family information and legal status.
[4] Chilean Patent Law (Law No. 19,039).
[5] Industry reports on Latin American pharmaceutical patenting trends.
Author Note: This analysis provides a comprehensive view of Chilean Patent CL2012002528, emphasizing its scope, claims, and the surrounding legal landscape to inform strategic decisions within pharmaceutical patent management.
