Last updated: August 7, 2025
Introduction
Chilean patent CL2013000224 pertains to a specific pharmaceutical invention, with its scope, claims, and resulting patent landscape holding significant implications for market exclusivity, legal enforceability, and competitive positioning within Chile and potentially in broader jurisdictions. This analysis dissects the patent's technical scope, clarifies its claims, and maps the landscape implications in the pharmaceutical patent ecosystem.
Patent Overview
Chilean patent CL2013000224 was granted in 2013, with its filings likely originating from a strategic effort to protect a novel drug compound or formulation. Although explicit content details are restricted here, available public records indicate its focus on a specific chemical entity, pharmaceutical composition, and potentially a method of use.
Patent Number: CL2013000224
Filing Date: Corresponds to around 2013 (exact date may vary)
Grant Date: Approximate timeframe based on patent office data
The patent is classified under the International Patent Classification (IPC) codes relevant to pharmaceutical compositions, chemical compounds, or therapeutic methods.
Scope of the Patent
Technical Subject Matter
The patent's scope primarily covers a specific chemical compound or a pharmaceutical formulation designed for therapeutic use. The invention possibly claims the compound’s unique chemical structure, its synthesis process, and specific dosage forms or methods of administration. Additionally, the scope may extend to specific therapeutic indications, such as indications for a particular disease or condition.
Claims
The claims form the core of the patent, delineating legal rights and boundaries. Broad claims likely encompass:
- Chemical Structure Claims: Covering the novel compound’s molecular configuration, stereochemistry, or derivatives.
- Method-of-Use Claims: Covering therapeutic methods applying the compound.
- Formulation Claims: Encompassing compositions, excipients, or delivery mechanisms related to the compound.
- Process Claims: Covering synthesis or manufacturing processes used to produce the compound.
Given typical pharmaceutical patents, CL2013000224 probably enumerates independent claims around these categories and multiple dependent claims elaborating specific embodiments.
Claim Analysis
- Independent Claims: Usually afford the broadest protection, centered on the novel compound or therapeutic method. These claims define the core inventive concept.
- Dependent Claims: Narrower, often specifying particular variants, formulations, or manufacturing steps. They provide fallback positions during litigation or patent challenges.
In chemical/pharmaceutical patents, it is common to see claims that define a compound by its chemical structure with Markush groups, or by its pharmacological effect, with the scope potentially limited by the novelty and inventive step requirements.
Scope Limitations
The scope is likely constrained by:
- The novelty of the chemical structure—distinguishing it from prior art compounds.
- Inventive step—demonstrating an unexpected therapeutic advantage or synthesis route.
- Utility—adequately supported therapeutic effect.
Any prior art that discloses similar structures or indications could limit the enforceability of the broadest claims.
Patent Landscape for CL2013000224
Pre-Existing Prior Art and Patent Environment
Chile’s pharmaceutical patent environment is influenced by local laws aligning with international standards, such as TRIPS compliance. Prior art searches reveal that similar compounds or formulations may exist within patent databases from other jurisdictions like the US, Europe, or neighboring Latin American countries.
Potentially relevant prior art includes:
- Compounds with structural similarities.
- Formulations targeting similar conditions.
- Synthesis methods disclosed elsewhere.
The landscape indicates whether CL2013000224’s claims are narrow or have broad territorial or substantive scope.
Patent Family and International Protection
While Chile is not a member of the Patent Cooperation Treaty (PCT) directly, patent applications with similar claims possibly exist in other jurisdictions, forming a patent family. If the applicant filed internationally, this widens the protection scope and influences global patent strategy.
In regional Latin American markets (e.g., Argentina, Brazil, Mexico), local or family patents may overlap or complement the Chilean patent, impacting generic competition and licensing potential.
Competitive and Non-Patent Literature
The patent landscape also includes scientific publications, clinical trial reports, and regulatory submissions, which may disclose similar compounds or indications. The overlap influences patent validity and freedom-to-operate considerations.
Legal and Regulatory Framework
Chile’s Patent Law (Law No. 19,039) aligns with TRIPS requirements, permitting patents for pharmaceutical inventions, but also adhering to exclusions related to methods of treatment of the human body. Such legal parameters shape the enforceability and scope of patent CL2013000224.
Implications for Stakeholders
- Innovators and Patent Holders: The scope defines market exclusivity in Chile, guiding licensing strategies.
- Generic Manufacturers: The patent landscape era indicates potential avoidance around narrow claim scopes or opportunities for patent challenges if prior art is identified.
- Regulatory Agencies: The patent's legal validity affects drug registration pathways and market entry barriers.
- Legal Enforcers: The scope and claims determine the strength of potential infringement suits.
Strengths and Vulnerabilities of the Patent
Strengths
- Specific chemical structure claims limiting generic entry.
- Method claims providing multiple layers of protection.
- Potential for regional patent family protection if extended strategically.
Vulnerabilities
- Overly narrow claims due to prior art disclosures.
- Challenges based on lack of inventive step if similar compounds exist.
- Legal limitations stemming from Law No. 19,039 on patentable subject matter.
Conclusion
Chilean patent CL2013000224 appears to strategically cover a novel pharmaceutical compound and its associated formulations or methods. Its scope, defined by a combination of structure, utility, and process claims, frames the commercial potential and competitive landscape. A comprehensive understanding of prior art and regional patent filings underpins strategic decisions in licensing, R&D, and market entry.
Key Takeaways
- The scope and claims of CL2013000224 chiefly define the innovator’s exclusive rights in Chile, targeting a specific chemical entity and its applications.
- The patent landscape reveals crucial insights into potential patent challenges, patent family extensions, and opportunities for generic competition.
- Enforcement and validity hinge on the novelty and inventive step, which must be continuously monitored against evolving prior art.
- Strategic patent prosecution in regional markets enhances monocentric protection, increasing barriers for competitors.
- Stakeholders should assess claim strength, prior art, and legal limitations to optimize R&D and commercial strategies.
FAQs
-
What is the primary focus of Chilean patent CL2013000224?
It primarily covers a specific pharmaceutical compound or formulation, including potentially methods of synthesis or therapeutic use.
-
How broad are the claims typically in such pharmaceutical patents?
They often include broad chemical structure claims, along with narrower method or formulation claims, depending on the inventive scope.
-
What factors can limit the enforceability of this patent?
Prior art disclosures, lack of inventive step, or legal exclusions under Chilean Law No. 19,039 may limit enforceability.
-
Can this patent provide global protection?
No; protection is confined to Chile unless corresponding applications are extended via regional or international filings.
-
What strategic considerations should stakeholders observe?
Maintaining claim broadness, monitoring prior art, and filing in other jurisdictions enhance protection while considering potential patent challenges.
Sources
[1] Patent Office Chile, Official Patent Records.
[2] Chilean Patent Law (Law 19,039).
[3] World Intellectual Property Organization (WIPO) filings.
[4] Latin American Patent Databases.
