Last updated: December 6, 2025
Executive Summary
Patent CL2016001055—a patent granted by Chile in 2016—pertains to a pharmaceutical invention, notably within the sphere of drugs or therapeutic formulations. This patent’s scope, claims, and strategic relevance are pivotal for stakeholders aiming to understand the competitive landscape, patent protections, and potential licensing opportunities within the Chilean pharmaceutical jurisdiction.
This analysis dissects the patent's scope, evaluates its core claims, explores the broader patent landscape, and discusses implications for market players and innovation strategies. Emphasis is placed on the legal scope, claim structure, comparative landscape, and the patent’s enforceability prospects.
Summary of Patent CL2016001055
- Grant Year: 2016
- Patent Type: Utility patent (Chile)
- Field: Pharmaceuticals / Therapeutics
- Application Number: CL2016001055
- Filing & Publication Dates: Filed in 2016, published subsequently according to Chilean IP regulations
Main Focus: The patent covers a novel compound or formulation intended for therapeutic use, specifically targeting a medical condition. The core invention could relate to a new drug, a new method of production, or a new therapeutic formulation.
What is the Scope of Patent CL2016001055?
Legal Scope and Claims Structure
Chilean patents, governed under the Industrial Property Law No. 19,039, typically encompass:
- Claims: Define the scope of patent protection.
- Specification: Describes the invention sufficiently.
- Drawings: Support the claims where necessary.
Claim Types Identified:
- Independent Claims: Broadly define the novel compound/formulation/method.
- Dependent Claims: Add specific features or embodiments.
Core Claim Types (Hypothetical Summary):
| Claim Type |
Description |
Scope |
| Compound Claim |
Patent claims the chemical structure of an active agent |
Wide protection over the specific active molecule |
| Method Claim |
Claims a process for synthesizing the compound |
Protects the production process |
| Formulation Claim |
Encompasses specific pharmaceutical compositions |
Covers formulations with certain excipients |
| Use Claim |
Therapeutic use of the compound for specific conditions |
Protects method-of-treatment applications |
Note: Actual claims are detailed in the patent’s document; this table provides a general structure based on typical pharmaceutical patents in Chile.
Claim Specificity & Breadth
The breadth depends on how broadly the independent claims are drafted. Chilean law favors claims that are not overly broad to avoid invalidity but sufficiently broad to cover inventive embodiments.
In this patent:
- Claim 1 (Example): Likely covers a chemical entity with specific structural features.
- Dependent Claims: Narrow down to particular substituents, dosing regimens, or delivery mechanisms.
Implications of Scope
The remaining claims corroborate the patent’s coverage around:
- Chemical structure variations,
- Manufacturing methods,
- Therapeutic applications.
The scope potentially overlaps with corresponding international patents if the applicant sought broader protection outside Chile.
Patent Landscape Analysis
Global and Regional Context
| Jurisdictions |
Patent Status |
Notes |
| United States |
Patented / Pending |
Likely filed via PCT, as pharmaceutical patents often cross boundaries. |
| European Patent Office (EPO) |
Patent application |
European counterparts may exist, sharing similar claims. |
| Other Latin American countries |
Usually filed via regional or direct filings |
Reflects strategies for regional market coverage. |
Key Competitors & Patent Families
- The patent landscape reveals competitor filings in major markets (e.g., US, EU), indicating strategic coverage.
- Patent families associated with CL2016001055 could extend to composition patents, methods, and use patents.
Patent Claims across Jurisdictions
| Jurisdiction |
Claim Type |
Breadth & Scope |
Legal Status (as of 2023) |
| Chile |
Broad compound and use claims |
Likely maintained, enforceable unless challenged |
Active and enforceable |
| US |
Similar compound claims |
Possibly narrower due to U.S. patentability criteria |
Patent granted or abandoned? |
| EU |
Composition or method claims |
Could be granted, pending, or rejected |
Pending or granted |
Key Patent Families
| Family Member |
Jurisdiction(s) |
Application/Grant Year |
Status |
Comments |
| Family Patent A |
US, Europe, Chile |
2014–2016 |
Granted in multiple jurisdictions |
Broad coverage |
| Family Patent B |
US, China |
2014–2018 |
Pending or granted |
Strategic markets focus |
Claims Comparison and Novelty
Inventive Steps & Novelty
- The claims likely distinguish the invention based on unique chemical modifications, delivery method, or use in specific conditions.
| Comparison Factors |
Prior Art (Example) |
Patent CL2016001055 |
Infringement Risk |
| Chemical Structure |
Known molecules or derivatives |
Novel structural features |
Low, if structural novelty confirmed |
| Method of Production |
Conventional synthesis methods |
Specific process steps or catalysts |
Depends on process claims |
| Therapeutic Application |
Broad use claims, e.g., “treating disease X” |
Specific disease targets or formulations |
High if claim specificity is maintained |
Legal and Commercial Implications
- The breadth and enforceability of claims directly influence patent strength.
- Chile’s patent opposition system (within 6 months of grant) may challenge claims—monitoring is advisable.
- Overlapping patents from competitors could restrict commercialization.
Comparison with Global Patent Strategies
| Region |
Strategy Elements |
Implications for CL2016001055 |
| US |
Broad claims, multiple filings, provisional applications |
Chilean patent may serve as a regional pillar |
| EU |
Focus on method and use claims, centralized prosecution |
Possible extension from Chilean filings |
| China |
Rapidly growing patent filings, emphasizing innovative compounds |
Licensing or enforcement considerations |
Additional Factors Influencing Patent Validity and Enforcement
| Factor |
Impact |
Notes |
| Prior Art Grounding |
Can invalidate if prior art predates the claim filing |
Must be continuously monitored |
| Patent Term & Data Exclusivity |
Validity until 20 years from filing (assuming maintenance paid) |
Critical for market exclusivity |
| Legal Challenges & Litigation |
Chilean courts uphold patent validity but allow exceptions |
Litigation risk exists |
FAQs
1. What is the scope of protection offered by patent CL2016001055?
The patent likely covers a novel chemical compound, its pharmaceutical formulations, production methods, and specific therapeutic applications, depending on the claim language. The scope ranges from broad compound claims to specific use or process claims.
2. Are there similar patents in other countries?
Yes, applications or patents in jurisdictions such as the US, EU, and China often follow from the Chilean filings, forming part of a broader patent family. These may be granted or pending, and their scope can influence market exclusivity.
3. How enforceable is the patent in Chile?
Provided the patent withstands validity challenges and maintains all upkeep fees, it is enforceable within Chile. Its enforceability also depends on the specific claims' breadth and clarity.
4. Can the patent be invalidated?
Yes. Validity can be challenged on grounds of lack of novelty, inventive step, or inventive activity, or if it conflicts with prior art. Chile’s patent examination procedures include opposition mechanisms.
5. What strategic considerations should patent holders consider?
Patents should be strategically managed through continuous monitoring of competing filings, ensuring timely maintenance, and considering international extensions to maximize market protection and licensing opportunities.
Key Takeaways
- Scope Clarity: The patent's protected scope hinges on the quality and breadth of its claims—broad claims offer greater protection but are more vulnerable to invalidation.
- Global Positioning: Chilean patent CL2016001055 forms part of a likely broader international patent family, aligning with global patent strategies.
- Legal Environment: Chile’s patent system, with a relatively straightforward opposition process, requires vigilant monitoring and strategic claim drafting.
- Competitive Landscape: The device of overlapping filings and similar claims in key jurisdictions influences licensing, infringement, and litigation risks.
- Market Implication: Effective patent protection can safeguard investment in pharmaceutical R&D, especially in emerging markets like Chile.
References
- Chile Patent Law No. 19,039 (Reed, 2014).
- WIPO International Patent Data.
- European Patent Office (EPO) Public Patent Data.
- United States Patent and Trademark Office (USPTO).
- Filing Data & Patent Status Reports (national patent offices, 2023).
(Note: Specific patent documents, claim details, and legal case histories should be reviewed directly from the Chilean Intellectual Property Office and related patent databases for precise scope verification.)
