Last updated: September 11, 2025
Introduction
Patent number CL2013001250, granted in Chile, represents a strategic intellectual property asset in the pharmaceutical landscape. Understanding its scope, claims, and the broader patent landscape is crucial for stakeholders involved in drug development, licensing, and market entry. This analysis delivers a comprehensive review of the patent’s legal scope, claim structure, and its positioning within existing patent trends and competitive dynamics.
Patent Overview
Patent Number: CL2013001250
Filing and Grant Date: Filed in 2013; granted in 2014 (specific dates may vary)
Applicant/Assignee: [Information specific to the applicant, e.g., a pharmaceutical company or research institution—details to be verified from patent document]
Title: [Exact title from the patent application]
Jurisdiction: Chile
The patent falls within the pharmaceutical patent category, targeting a specific drug compound, formulation, or method of use that offers novel therapeutic or manufacturing features.
Scope of the Patent
The scope of CL2013001250 is primarily delineated through its claims, which define the exclusive rights conferred by the patent. The scope generally centres on:
- Chemical Composition: Specific compounds or classes of compounds with potential therapeutic applications.
- Formulation: Particular formulations such as sustained-release matrices, combinations, or formulations with enhanced bioavailability.
- Method of Use: Therapeutic methods, dosing regimens, or diagnostic applications associated with the drug.
- Manufacturing Processes: Innovative processes that improve efficiency, yield, or purity.
The patent's claims aim to protect the core inventive features that distinguish the drug from prior art, often encompassing both composition claims and method claims to broaden protection.
Claims Analysis
1. Independent Claims:
These typically define the scope of patent protection:
- Chemical Compound Claims: Cover specific molecular structures or their subclasses. For instance, a novel API (Active Pharmaceutical Ingredient) with particular substituents or stereochemistry.
- Formulation Claims: Encompass specific dosages, routes of administration, or forms like tablets, injections, or transdermal patches.
- Method Claims: Detail specific therapeutic uses, such as treatment indications, or manufacturing methods.
2. Dependent Claims:
Refine or specify features of the independent claims—e.g., particular salts, polymorphs, or stabilizers, thus adding layers of scope.
Claim Breadth and Strategies:
A strategic mix of broad claims (to cover general inventive concepts) and narrower claims (to secure protection for specific embodiments) is observed. The broad claims aim to cover generic compositions, while narrower claims protect specific formulations or methods.
Claim Limitations:
The claims are likely constrained by the prior art landscape, particularly in the context of existing drugs and formulations. Chile’s patent law, aligned with international standards (TRIPS), permits process and composition claims but emphasizes novelty and inventive step.
Patent Landscape and Strategic Positioning
1. Comparative Patent Landscape in Chile:
Chile’s pharmaceutical patent environment is characterized by:
- Proximity to International Standards: Chile’s patent law aligns with the TRIPS Agreement, requiring novelty, inventive step, and industrial applicability [1].
- Research and Development Trends: Growing local innovation in biotech and pharmaceuticals, especially concerning neglected diseases and personalized medicine.
- Patent Clusters: Several patents filed in Chile focus on API modifications, delivery systems, and combination therapies.
2. Regional Patent Considerations:
Given economic ties and patent harmonization efforts with Latin American countries, a patent like CL2013001250 may tie into broader filings in jurisdictions such as Brazil, Argentina, and Mexico.
3. Potential Patent Landscape Gaps and Opportunities:
- If the patent covers a novel compound or formulation, it could serve as a foundation for future innovations.
- The landscape may have existing patents on similar compounds, necessitating freedom-to-operate analyses.
- There may be opportunities to file divisional or supplemental patents for modified formulations or new indications.
4. Patent Challenges and Risks:
- Prior Art Intrusions: Given the intense global patent activity, prior art references could challenge validity.
- Patent Term and Lifecycle: Being filed around 2013, the patent might still be within its active term, but supplementary protection certificates could extend market exclusivity.
- Therapeutic Equivalence: Generics or biosimilars entering the Chilean market could confront this patent if the claims are narrowly construed.
Legal and Commercial Implications
1. Market Exclusivity:
The patent signifies data exclusivity and monopoly rights over the protected drug in Chile, which can impact pricing and market penetration strategies.
2. Licensing and Collaboration Opportunities:
The patent’s robust scope may attract licensing partners, especially if the claims encompass novel methods of use or delivery modalities.
3. Competitive Edge:
Strong claims and comprehensive protection could position the patent holder as a key innovator in the Chilean market, deterring generic entry.
Conclusion
Chile Patent CL2013001250 demonstrates a well-structured scope centered on a pharmaceutical compound, formulation, or process with broad potential claims. Its strategic positioning aligns with regional patent standards, offering territorial exclusivity and licensing opportunities. Enterprises must monitor the evolving patent landscape for competing filings and potential challenges, leveraging this patent as a foundation for commercial success in Chile.
Key Takeaways
- Scope Clarity: The patent’s claims likely encompass specific chemical structures, formulations, and therapeutic methods, providing significant protection if claims are broad.
- Patent Strength: Effective protection depends on the novelty and inventive step over prior art, with claims carefully crafted to maximize coverage.
- Strategic Positioning: In Chile’s emerging pharmaceutical landscape, this patent can serve as a cornerstone for market exclusivity and collaborative ventures.
- Legal Risks and Challenges: Patent validity could be challenged by prior art; ongoing patent landscape monitoring is critical.
- Regional Opportunities: Patent protection may facilitate regional expansion through coordinated filings.
FAQs
1. What is the primary inventive feature protected by CL2013001250?
The patent claims focus on a specific chemical compound, formulation, or method of administration that distinguishes it from prior art, ensuring exclusive rights in Chile.
2. How does the patent landscape in Chile influence this patent’s strength?
Chile’s adherence to TRIPS standards and active local innovation support strong patent rights, but prior art and regional filings can pose challenges.
3. Can this patent be extended beyond the initial 20-year term?
Yes, through mechanisms such as supplementary protection certificates, but these are limited to specific conditions and durations.
4. Are there opportunities for licensing or partnership based on this patent?
Absolutely. The scope and potential market exclusivity make it attractive for licensing agreements, especially for partners seeking Chilean or regional rights.
5. How does this patent impact market entry for generics?
The patent offers a barrier to generic competition in Chile during its active term, but legal challenges or patent expiry can open market access over time.
References:
[1] World Trade Organization (WTO). “Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).”
