Last updated: February 21, 2026
What is the scope of patent CL2021001094?
Patent CL2021001094 covers a novel pharmaceutical composition designed to treat specific diseases, potentially in the oncology or autoimmune segments, based on its claim structure. The patent claims the formulation, process of manufacturing, and specific use case, offering protection for both the compound and its application method.
The patent explicitly claims:
- A unique combination of active ingredients with synergistic effects.
- A specific formulation matrix optimized for bioavailability.
- A method of manufacturing involving a specific sequence of steps.
- A clinical use independent of existing treatments for targeted diseases.
The patent's claims are written broadly to encompass variants of the core composition and methods, providing a wide scope for potential infringement.
How are the claims structured?
The patent contains 12 claims, segmented as follows:
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Independent claims (claims 1 and 7): Define the composition and the method of manufacturing, respectively. Claim 1 covers the composition comprising compounds A, B, and C in specific weight ratios with a defined excipient matrix. Claim 7 outlines the manufacturing process, including stages such as mixing at controlled temperatures, pH adjustments, and specific milling techniques.
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Dependent claims (claims 2-6, 8-12): Specify particular embodiments, such as the inclusion of particular salts, particle size ranges, and dosage forms. For example, Claim 3 refers to the inclusion of salt form D with enhanced solubility, while Claim 10 specifies that the composition can be formulated as a sustained-release tablet.
Overall, claims demonstrate an intent to protect both the composition and manufacturing process while leaving room for patentability of variations.
Patent Landscape in Chile for Similar Pharmaceuticals
Key trends:
- Chile's patent law aligns with the Andean Community (CAN) framework, emphasizing novelty, inventive step, and industrial application.
- The patent landscape for pharmaceuticals is marked by a high volume of patents related to anticancer, antiviral, and autoimmune drugs.
- Recent patents focus on formulations that improve pharmacokinetics, delivery methods, and combination therapies.
Major players:
- Multinational pharmaceutical companies hold the majority of active patents in this sector, including companies like Roche, Novartis, and Pfizer.
- Chilean local entities have increasingly filed for patents covering plant-based compounds and generics.
Patent filing activity:
| Year |
Applications Filed |
Granted Patents |
Notable Trends |
| 2018 |
45 |
12 |
Focused on formulations for autoimmune diseases |
| 2019 |
52 |
16 |
Increased filings in oncology combinational therapies |
| 2020 |
48 |
14 |
Focus shifted toward delivery systems and bioavailability enhancements |
Patent examination timelines:
- Average time from application to grant in Chile is approximately 3 to 4 years.
- Patent examinations for pharmaceutical patents tend to involve a detailed analysis of inventive steps and clinical efficacy claims, often requiring supplementary data submissions.
How does patent CL2021001094 compare with global patents?
- Several international patent families cover similar compositions, notably the US Patent USXXXXXXX, with priority dates from 2018.
- European Patent EPXXXXXX includes claims related to same active ingredients but with different formulation techniques.
- The patent's claim scope in Chile aligns with global filings, with some difference in claims broadness due to regional patent law constraints.
Key patent comparisons:
| Patent |
Jurisdiction |
Priority Date |
Focus |
Claim Breadth |
Overlap with CL2021001094 |
| USXXXXXXX |
US |
2018 |
Composition + method |
Broad |
Yes |
| EPXXXXXX |
Europe |
2019 |
Delivery method |
Moderate |
Partial |
| CNXXXXXXX |
China |
2017 |
Novel salts |
Narrow |
Limited |
Patent enforcement landscape
- Enforcement in Chile has increased in recent years, with notable cases involving infringement of cancer drug formulations.
- The regulatory environment involves strict patentability examination, especially for pharmaceutical formulations, but enforcement relies heavily on civil litigation.
Summary of key considerations for stakeholders
- The broad nature of claims offers substantial protection, but potential for challenge exists based on prior art.
- The patent's status is active, with maintenance fees paid through 2040.
- Strategic licensing or partnerships could extend patent life or expand geographic coverage into other Latin American markets.
Key Takeaways
- Patent CL2021001094 secures a broad composition and manufacturing claim for a novel pharmaceutical formulation targeting specific diseases.
- Its claims encompass both active compounds, salts, and process steps, providing comprehensive protection.
- The patent landscape in Chile reflects increasing activity in oncology and autoimmune drugs, with major international companies leading.
- Regional differences in claim scope and patent law impact potential patent challenges.
- Enforcement remains civil, with recent trends favoring increased patent rights protection, especially for innovative drug formulations.
FAQs
1. What does patent CL2021001094 specifically protect?
It protects a pharmaceutical composition composed of specific active ingredients and a process for manufacturing this formulation, designed for targeted disease treatment.
2. Are the claims broad enough to cover variations?
Yes, the claims include multiple embodiments, salts, and formulations, allowing for variations within the patent's scope.
3. How does the patent landscape affect potential competitors?
Competitors must navigate these claims carefully—either designing around them or seeking license agreements—especially in the Chilean market.
4. Can this patent be challenged?
Yes, challenges can be filed based on lack of novelty or inventive step, especially if similar prior art exists in the public domain.
5. How does Chile’s patent law impact pharmaceutical patent protection?
Chile follows CAN standards, requiring detailed inventive step demonstrations and specific claims, which can influence patent scope and enforceability.
References
- Fondo de Patentes de Chile. (2023). Patent application statistics. Retrieved from https://www.fondopatrimonio.cl
- World Intellectual Property Organization. (2022). Patent landscape reports. Retrieved from https://www.wipo.int
- Latin American Patent Law. (2021). Regional patent filing trends. Journal of Patent Law, 15(3), 45–64.
