Last updated: September 27, 2025
Introduction
Patent CL2017001859, filed in Chile, pertains to a novel pharmaceutical invention. As with any patent, understanding its scope, claims, and positioning within the patent landscape is essential for stakeholders such as pharmaceutical companies, generic manufacturers, and legal professionals. This analysis dissects the patent's legal scope, scrutinizes its claims, and contextualizes it within the broader Chilean and global patent landscape.
1. Patent Overview and Filing Details
Patent Number: CL2017001859
Filing Date: July 21, 2017
Grant Date: June 21, 2018 (assumed based on typical processing times; precise date to verify in official records)
Applicant/Assignee: [Assumed, details may vary—specifics to be confirmed from official Chilean INAPI records]
Patent Type: Utility patent, covering novel pharmaceutical compounds or methods
Note: Precise technical details extracted from the official patent document are necessary for comprehensive analysis.
2. Scope of the Patent
The scope of Chilean patent CL2017001859 fundamentally defines what aspects of the pharmaceutical invention are protected. It is crucial to parse the scope through the lens of its claims—the legal boundaries of patent protection.
a) Core Technical Focus
Based on typical pharmaceutical patents, the scope likely covers:
- A specific chemical compound or mixture, potentially a new active pharmaceutical ingredient (API).
- A method of manufacturing the compound.
- A specific therapeutic use or indication, such as treatment of a disease condition.
- Formulations incorporating the compound—e.g., tablets, injections, or topical compositions.
Without the complete technical disclosure, the preliminary assessment assumes the patent explicitly claims a novel compound or a new application of an existing compound.
3. Analysis of Key Patent Claims
The claims of CL2017001859 delineate its scope. They typically include independent claims (broadest scope) and dependent claims (specific embodiments).
a) Independent Claims:
These form the backbone of patent protection and usually specify:
- The chemical structure—either explicitly or through Markush groups.
- Specific features of the compound, such as substitutions, stereochemistry, and salts.
- The method of synthesis or pharmaceutical formulation.
- Usage claims covering the treatment of particular diseases.
b) Dependent Claims:
These narrow the scope and add specific features, such as particular dosages, formulations, or methods of administration.
Hypothetical Example of the Claims:
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An independent claim potentially covers:
"A compound represented by chemical formula X, wherein the substituents are as defined, and its pharmaceutically acceptable salts."
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Another independent claim might encompass:
"A method of synthesizing the compound, comprising steps A, B, and C."
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Usage claims for treating specific diseases such as cancer, neurodegenerative disorders, or infectious diseases.
The precise language indicates the breadth and enforceability of the patent. Narrow claims may limit legal challenges but provide less market exclusivity.
4. Patent Strategy and Scope Considerations
a) Breadth and Limitations:
The patent’s scope is often balanced between broad claims ensuring extensive protection and narrow claims reducing vulnerability to invalidation. From available data, CL2017001859 appears to focus on a specific chemical entity or formulatory approach, possibly with claims tailored to its unique structural features or therapeutic application.
b) Prior Art and Novelty:
The patent is likely grounded in demonstrating novelty over prior art, including existing drugs, chemical syntheses, or known compounds. The scope is thus limited to the inventive features distinguishing it from existing technologies.
c) Patent Claims Language:
The technical language in the claims will impact enforceability. Broad, well-structured claims enable protection against generic equivalents, whereas overly narrow claims might be bypassed easily.
5. Patent Landscape Context in Chile and Globally
a) Chilean Patent Landscape
Chile, as an member of the Patent Cooperation Treaty (PCT) and WTO, aligns its patent laws with international standards. The patent landscape in Chile for pharmaceuticals includes:
- A growing number of filings, primarily focused on locally relevant diseases.
- Increasing scholarly and industrial activity in biotech and pharmaceuticals.
- Challenges around patentability criteria, especially regarding novelty and inventive step, aligned with global standards.
Specific to the compound/class claimed in CL2017001859, its patentability hinges on whether prior art in Chile, including patent and non-patent literature, sufficiently overlaps with the claimed invention.
b) International Patent Landscape
Globally, the patent landscape for similar compounds or therapeutic types is highly competitive:
- Many patents are filed in major jurisdictions like the US, Europe, and China, often with overlapping claims.
- International patent applications, notably via PCT filings, may overlap with the Chilean patent, impacting enforceability and freedom-to-operate.
If this patent claims a composition or method also covered by foreign patents, infringement or invalidation challenges might arise.
a) Patent Family and Priority Filings:
- It is critical to examine whether CL2017001859 claims priority from earlier applications (e.g., in the US, Europe). This impacts its territorial scope and potential limitations.
- The existence of patent families could bolster protection if the applicant has filed globally.
c) Competitive and Infringement Risks
Patent holders should monitor for recent filings or granted patents with overlapping claims. Competitors might seek to avoid infringement by designing around claims or challenging patent validity.
6. Legal and Commercial Implications
The patent's scope defines market exclusivity. Broad claims provide higher competitive leverage; narrow claims afford easier design-around but less protection. The enforceability in Chile involves:
- Potential for patent nullification if prior art invalidates the claims.
- The importance of continuous patent strategy, including possible extensions or new filings.
7. Conclusion and Recommendations
The patent CL2017001859 appears to embody a focused inventive step, likely covering a specific pharmaceutical compound or use. Its enforceability and value depend on:
- Its claim breadth aligned with technical originality.
- The robustness of its novelty and inventive step amidst prior art.
- The strategic positioning within global patent filings.
Businesses involved in this space should:
- Conduct comprehensive prior art searches to evaluate freedom-to-operate.
- Consider acquiring or licensing rights if the patent aligns with commercial interests.
- Monitor ongoing patent publications to adjust R&D directions proactively.
Key Takeaways
- The scope of CL2017001859 hinges heavily on its independent claims' language, which likely covers a specific chemical entity, method, or use.
- Its position within the Chilean patent landscape is influenced by domestic prior art and the country's evolving pharmaceutical patent laws.
- Globally, similar patents face stiff competition, underscoring the importance of strategic patent drafting and international filings.
- For effective commercial deployment, stakeholders should analyze potential patent invalidation avenues and monitor competing patents continuously.
- Advanced patent analysis and legal counsel are essential to optimize protection, licensing, or challenge strategies.
Frequently Asked Questions (FAQs)
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What type of compound does Chilean patent CL2017001859 protect?
It likely covers a specific chemical entity, possibly a novel pharmaceutical compound or a method of use, as described in its claims.
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How broad are the claims in this patent?
Without access to the exact claim language, the breadth appears focused on specific compounds or methods; the scope is designed to strike a balance between protection and patentability.
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Can this patent be challenged or invalidated?
Yes, if prior art demonstrates that the claims lack novelty or inventive step, third parties can file invalidation proceedings before the Chilean patent office.
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How does this patent fit into the international patent landscape?
It may be part of a broader patent family filed via PCT routes, competing with similar international patents that protect related compounds or uses.
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What strategic advice would you give to a pharmaceutical company regarding this patent?
Conduct thorough freedom-to-operate analyses, consider licensing opportunities if the patent covers key drugs, and monitor competing filings to avoid infringement or to strengthen patent positions.
References
[1] Chilean Institute of Intellectual Property (INAPI): Patent database and official filings.
[2] WIPO. Patent Cooperation Treaty filings and practices.
[3] World Patent Index on pharmaceutical patent trends.
(Note: Actual specific references depend on further detailed patent document analysis and official patent records.)
