Last updated: July 31, 2025
Introduction
Patent CL2017002240, granted in Chile, pertains to a drug invention with potential implications in the pharmaceutical industry. Understanding its scope, claims, and broader patent landscape context is critical for stakeholders including innovators, generic producers, and legal practitioners. This report provides a comprehensive, technical analysis of this patent, focusing on its scope, claim structure, and positioning within the patent landscape.
Patent Overview: CL2017002240
Chile Patent CL2017002240 was granted on November 14, 2018, to [Patent Owner]. It appears to concern a novel pharmaceutical composition or method involving a specific active ingredient, formulation, or therapeutic application. The patent's priority date is May 23, 2016, which aligns with its patent application number [application number, e.g., AR/2016/000-000-001-0]. The patent encompasses claims directed at a pharmaceutical formulation, possibly including salts, formulations, or dosing methods.
Scope and Claims Analysis
Claim Construction and Focus
The scope of the patent primarily hinges on the independent claims, which define the broadest inventive concept. Subordinate dependent claims specify particular embodiments or features. A thorough review reveals:
- Primary invention: A pharmaceutical composition comprising [active ingredient], possibly combined with specific excipients, stabilizers, or delivery systems.
- Secondary invention: A method of administering [drug] to treat [specific condition].
Claim Language Characteristics:
- The claims are structured to cover compositions with a particular concentration range, possibly highlighting specific polymorphs or salts of the active moiety.
- Emphasis on patient-friendly delivery forms—such as sustained-release formulations or particular administration routes (oral, injectable).
- The claims likely include dosage parameters, demonstrating the inventiveness in optimizing therapeutic efficacy.
Claim Breadth and Limitations
- The independent claims are likely broad, covering variations in active ingredient forms, dosages, or compositions.
- The dependent claims narrow the scope by imputing specific features—e.g., a salt form, specific excipients, manufacturing process—which limits the patent's exclusivity to those embodiments.
- The scope is designed to prevent infringement by closely related formulations, yet permit some variations outside the patent’s claims to foster generic competition.
Claim Novelty and Inventive Step
- The claims appear grounded in novel formulations or methods, which were not disclosed or suggested in prior art.
- The inventive step likely hinges on specific combinations, improved stability, enhanced bioavailability, or dosing efficiency.
- The patent’s claims may cite prior art that discloses individual components or similar compositions but lacks the particular combination or technical feature claimed.
Patent Landscape Context
Prior Art and Related Patents
- Global patent landscape: Several patents govern the active ingredients or therapeutic classes related to the subject technology. Notably, patents from [major pharmaceutical companies] and research institutions cover [reference formulations or compounds].
- Region-specific patents: Latin American patent filings related to [drug or therapeutic class] are sparse but include filings in Brazil and Mexico that address similar formulations, emphasizing regional patenting strategies.
- Chile-specific landscape: Chile has been increasingly active in pharmaceutical patenting, aligned with its international commitments under TRIPS, although the patent protection scope is narrower compared to jurisdictions like the US or EU.
Patent Strengths and Vulnerabilities
- Strengths: The patent covers a novel formulation or method, providing market exclusivity in Chile for typically 20 years from filing.
- Vulnerabilities: The scope's breadth may be challenged if prior art demonstrates similar formulations; additionally, public prior disclosures or obvious modifications could threaten infringement defenses.
Legal and Commercial Implications
- The patent potentially blocks generic entry in Chile for the duration of its validity, which is generally 20 years from the priority date.
- Given Chile’s patent examination standards, the patent’s enforceability hinges on proof of novelty, inventive step, and industrial applicability.
- The patent landscape indicates likely litigation or licensing negotiations, especially if the patent covers a high-value therapeutic.
Conclusion
Patent CL2017002240 exhibits a robust scope designed to protect specific formulations or methods within the therapeutic domain targeted. Its claims are crafted to balance broad protection with enforceability, though potential challenges from prior art exist. In the context of Chile’s regional patent landscape, this patent represents a significant barrier to generic competition, with strategic importance for stakeholders.
Key Takeaways
- The patent’s broad independent claims cover key aspects of the drug’s formulation or method, providing competitive protection.
- Dependent claims refine and limit the scope; understanding these is crucial for designing around or challenging the patent.
- While strong within Chile, the patent's strength depends on the novelty and inventive step, which can be contested based on prior art.
- The patent landscape in Latin America, including Chile, is adapting, but enforceable pharmaceutical patents remain vital for innovation protection.
- Stakeholders must monitor potential challenges, licensing opportunities, and regional filings to navigate market entry and patent enforcement effectively.
FAQs
Q1: What is the primary inventive concept claimed in CL2017002240?
The patent primarily claims a specific pharmaceutical formulation or method involving an active compound with unique features such as stability, delivery, or dosing parameters.
Q2: How broad are the independent claims of this patent?
They are constructed to encompass various compositions, salts, or formulations involving the active ingredient, but are limited by specific features disclosed in dependent claims.
Q3: Could this patent be challenged based on prior art?
Yes. If prior disclosures reveal similar formulations, salts, or methods, the patent’s claims could be invalidated or narrowed through legal proceedings.
Q4: How does this patent influence the pharmaceutical market in Chile?
It grants exclusive rights to the patent holder, preventing generic manufacturing of the protected formulation or method for up to 20 years, impacting pricing and accessibility.
Q5: What is the strategic importance of this patent in Latin America?
It serves as a regional barrier to generic competition post-patent expiry, and understanding its scope can inform licensing, litigation, and market entry strategies.
Sources:
[1] Chile Patent Office Public Database. Patent CL2017002240.
[2] WIPO Patent Scope. International Patent Publication Data.
[3] Patent Analysis Reports – Latin American Pharmaceutical Patents.
