Last updated: October 9, 2025
Introduction
Chilean patent CL2017002512, filed and granted within the country’s patent system, pertains to a pharmaceutical or biotechnological invention. This analysis examines the patent’s scope, detailed claims, and its position within the broader patent landscape. Understanding these elements is vital for stakeholders—pharmaceutical companies, legal practitioners, and researchers—interested in licensing, infringement risk assessment, or R&D strategies.
Patent Overview and Filing Details
Patent Number: CL2017002512
Filing Date: Likely around late 2017, per CL numbering conventions, with priority possibly from international applications (e.g., PCT or direct filings).
Grant Date: Approximately 2018-2019 (assuming standard processing timelines).
Applicants/Owners: Data unavailable here; typically, this involves a pharmaceutical entity or research institution.
Invention Field: Pharmaceutical compound or process, based on typical patenting trends in Chile’s life sciences sector.
Scope of the Patent
The scope of CL2017002512 hinges on its claims, which define the legal boundaries of patent protection. In Chile, patents must meet specific criteria of novelty, inventive step, and industrial applicability, with claims serving as the critical determinant of enforceability.
Primary Scope Characteristics:
- Protection of a specific pharmaceutical compound or composition: Usually, patents claim a chemical entity, a pharmaceutical formulation, or a method of production.
- Method claims: Possibly include processes for synthesis, purification, or administration.
- Use claims: May extend protection to therapeutic applications, such as treatments of particular diseases.
Key points about scope:
- Narrow vs. broad claims: Chilean patents often contain a mix, with narrow claims providing specific protection and broader claims offering wider coverage but facing higher validity scrutiny.
- Claim dependency: Typically, independent claims encompass core inventive features; subordinate claims specify particular embodiments or parameters.
Analysis of the Claims
Without direct access to the exact text, a generalized analysis based on typical pharmaceutical patents in Chile is as follows:
Independent Claims
- Chemical Composition or Compound: Likely claim to a novel chemical entity with specific structural features, possibly a new drug candidate, or a modification thereof.
- Method of Manufacturing: The patent may include claims to novel synthetic routes, improving yield, purity, or reducing costs.
- Therapeutic Method: Claims could cover the use of the compound for treating specific medical conditions, such as cancer, infectious diseases, or rare diseases.
Dependent Claims
- Specific Formulations: Dosing compositions, pharmaceutical excipients, or delivery systems (e.g., controlled-release formulations).
- Dosage Regimens: Claims outlining optimized dosages, treatment durations, or administration routes.
- Biological Data: Claims might incorporate data on biological activity, binding affinity, or efficacy.
Scope implications:
The patent’s scope likely aims to balance broad coverage—such as claims encompassing a class of compounds—with narrower claims focused on a specific compound. This combination enhances enforceability while protecting core inventive aspects.
Patent Landscape in Chile for Pharmacological Inventions
Chile’s patent environment for pharmaceuticals is characterized by:
- Strict Patentability Criteria: To obtain patent protection, inventions must demonstrate novelty, inventive step, and industrial application (Chilean Patent Law, Law No. 19,039).
- Limited Patent Term: 20 years from the priority date, with no supplementary protection certificates available currently.
- Patent Examination Process: Conducted by the Chilean Institute of Industrial Property (INAPI), emphasizing detailed review of claims and prior art.
Current Landscape Trends:
- Innovation Focus: Chile exhibits increasing patent filings for pharmaceutical inventions, largely driven by local entities and multinational corporations (MNCs).
- Patent Thickets and Overlap: Multiple filings often cover similar compounds or methods, creating complex patent landscapes.
- Challenges in Patentability: Strict novelty and inventive step requirements mean broad claims often face invalidation or rejection during examination.
In the context of CL2017002512, its positioning within this landscape depends on the novelty over prior art, the degree of inventive step, and potential overlaps with existing patents, both local and international.
Comparative Analysis with International Patent Trends
Many companies file for patent protection in Chile following their filings in jurisdictions like the US, EU, or WIPO, aiming to extend territorial rights. The scope of those patents—particularly for small-molecule drugs—often varies.
Key comparative points:
- Claim Strategy: International filings tend to include broad protective claims, which may be narrowed during national phase entry into Chile.
- Patent Family Status: If CL2017002512 claims a core compound disclosed in initial international applications, it can serve as a strategic patent barrier in Chile.
Infringement and Freedom-to-Operate Considerations
Given the potential overlap of claims with prior art, legal validity assessments are critical for ensuring freedom-to-operate (FTO). The narrowness or breadth of the claims directly affects infringement risk:
- Narrow claims: Easier to design around but provide limited protection.
- Broad claims: Offer wider protection but are more susceptible to invalidation.
Legal practitioners must analyze whether the claims extend beyond prior art, especially considering Chile’s patentability standards, and assess license or challenge options accordingly.
Legal and Strategic Implications
- Patent Validity: Success hinges on clear distinction over prior art, including Chilean prior patents or publications.
- Portfolio Positioning: Effective patent strategies involve balancing breadth and defensibility to maximize market exclusivity.
- Potential Licensing or Litigation: The scope of claims influences licensing negotiations and possible infringement disputes within Chile.
Key Takeaways
- The Chilean patent CL2017002512 prioritizes specific pharmaceutical innovations, with scope defined primarily by its claims.
- Its legal strength depends on claim clarity, novelty over prior art, and inventive step, aligned with Chile’s stringent patent standards.
- The patent landscape in Chile is competitive, with active filings and complex overlap; strategic claim drafting enhances enforceability.
- Companies should monitor local patent status and conduct comprehensive FTO analyses before commercialization or R&D initiatives.
FAQs
1. What is the typical lifespan of a pharmaceutical patent in Chile?
A: 20 years from the filing date, consistent with international standards, subject to maintenance fees.
2. How does Chile’s patent law influence pharmaceutical patent scope?
A: Chile demands strict novelty and inventive step, encouraging precise, defensible claims rather than overly broad ones.
3. Can I challenge the validity of CL2017002512?
A: Yes, through opposition or invalidation proceedings based on prior art or claim scope issues within Chile.
4. Does Chile recognize patent term extensions or SPCs for drugs?
A: No, currently Chile does not provide supplementary protection certificates beyond the standard patent term.
5. How important are international patent filings for Chilean patent protection?
A: Highly important; they provide strategic breadth, but local prosecution ensures compliance with Chilean standards.
References
- Chilean Patent Law No. 19,039.
- Chilean Institute of Industrial Property (INAPI). Patent Examination Guidelines.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Patent family and patentability data, publicly accessible via INAPI database.
