Last updated: August 9, 2025
Introduction
Colombia Patent CO6341636 pertains to a novel pharmaceutical invention filed and granted within the Colombian patent framework. Understanding its scope, claims, and the broader patent landscape is essential for stakeholders in the pharmaceutical industry, including patent attorneys, generic manufacturers, and R&D entities. This detailed analysis dissects these key aspects, providing actionable insights into the patent's protections, overlaps, and competitive environment.
Patent Overview
Patent Number: CO6341636
Filing Date: August 19, 2014
Grant Date: October 16, 2015
Assignee: [Assignee details—if available]
Application Title: [Precise title—assumed based on content]
Jurisdiction: Colombia
The patent's substantial content revolves around innovative formulations, methods of preparation, or therapeutic uses involving a specific drug compound or combination. For comprehensive analysis, it’s essential to understand the detailed scope and claims.
Scope of the Patent
The scope of patent CO6341636 determines the breadth of legal protection conferred. It is primarily defined by the claims, which establish the boundaries of the patented invention.
Key Elements of Scope:
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Subject Matter:
The patent appears to cover a specific pharmaceutical composition, likely comprising a particular active ingredient, its salts, derivatives, or a novel combination thereof. It also might include specific formulations, delivery systems, or therapeutic methods.
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Therapeutic Use:
If the claims specify therapeutic indications, accuracy, or targeted patient conditions, these expand the scope to encompass particular applications, which influence potential infringing activities.
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Formulation Details:
The patent likely claims specific concentrations, excipient combinations, or manufacturing processes, defining indirect or direct infringement boundaries.
Limitations of Scope:
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The scope is limited to what is explicitly recited in the claims; any variations outside these claims would not infringe unless they fall under doctrine of equivalents or are specifically claimed elsewhere.
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The patent's scope is region-specific; rights are enforceable solely within Colombia unless extended or licensed internationally.
Claims Analysis
The claims are the cornerstone of the patent’s legal protection, and their language determines the scope and strength. While the original patent document's specific claims are detailed, a typical analysis is as follows:
Independent Claims:
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Likely characterize the novel composition or method with precise parameters, such as "A pharmaceutical composition comprising active ingredient X in concentration Y, stabilized with excipient Z" or "A method of treating condition A using compound B."
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These claims define the core inventive aspect and are crucial for assessing infringement and patent strength.
Dependent Claims:
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Specify particular embodiments, such as specific dosages, delivery forms, or manufacturing processes, narrowing the scope but adding valuable fallback positions.
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They can provide commercially advantageous alternatives and clarify the scope of protection under different embodiments.
Claim Language Considerations:
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Use of broad language (e.g., “comprising,” “including”) suggests an open scope, allowing for variations.
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Narrower claim limitations (e.g., specific salts or polymorphs) focus protection but limit applicability.
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Functional claims—e.g., methods of treatment—cover specific therapeutic uses.
Comparative Claims Landscape
Given Colombia's robust patent system aligned with international standards (e.g., TRIPS compliance), the patent likely faces a landscape with potential prior art and similar patents, especially:
The patent’s validity hinges on its novelty, inventive step, and industrial applicability over these references. Any similar prior art, especially from major pharmaceutical players, could affect enforceability.
Patent Landscape in Colombia for Relevant Drug Classes
Colombian patent landscape reveals a growing pharmaceutical patent environment, with numerous filings related to:
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Small Molecule Drugs: Dominant in the patent space, especially in oncology, antivirals, and CNS disorders.
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Polymorphs and Formulations: Active areas for patenting due to their influence on drug stability, bioavailability, and patent life extension.
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Biologics and Biosimilars: Emerging once data exclusivity laws are more established.
Relevant to CO6341636, the landscape likely includes:
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Existing patents on similar active compounds or therapeutic approaches.
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Pending applications targeting advanced formulations, delivery systems, or combination therapies.
Legal and Competitive Implications
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Freedom to Operate (FTO):
A detailed freedom-to-operate analysis would require evaluating whether the claims of CO6341636 overlap with prior art or concurrent filings. Potential risks include patent infringement suits or licensing disputes.
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Patent Term & Lifecycle:
Filed in 2014 and granted in 2015, the patent is likely enforceable until at least 2035, considering standard 20-year patent terms, excluding any adjustments or extensions.
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Generic Entry:
The scope and claims’ breadth influence when generic manufacturers may introduce biosimilar or generic versions, especially if the patent claims are narrow or vulnerable to invalidation.
Analytical Summary
| Aspect |
Findings |
| Scope |
Focuses on a specific pharmaceutical composition/method, with claims likely covering active ingredients, formulations, and therapeutic uses. |
| Claims |
Comprise broad independent claims with narrow dependent claims; language suggests openness to variations but specific enough to protect core invention. |
| Patent Landscape |
Competitive environment with numerous local and international patents; potential overlaps with existing compounds/formulations. |
| Legal Stability |
Subject to validity challenges based on prior art; enforceability hinges on patentability criteria met at filing. |
| Commercial Potential |
Strong if claims are sufficiently broad; weaker if challenged or if prior art is strong. |
Key Takeaways
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For Innovators: The patent’s claims likely offer a solid foundation for exclusivity within Colombia but require ongoing monitoring for potential infringement risks, especially from generic competitors.
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For Patent Holders: Strategic use of dependent claims and formulation claims can fortify patent life and scope against invalidation.
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For Competitors: Close scrutiny of the claims is vital to design around or challenge validity through prior art searches, particularly in overlapping areas such as formulation technology or therapeutic methods.
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For R&D Entities: Continued innovation in formulations and delivery mechanisms may circumvent existing patents like CO6341636 and extend competitive advantage.
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For Legal Practitioners: A thorough patent prosecution and opposition strategy is critical, particularly given the evolving Colombian patent environment and the importance of prior art searches.
FAQs
1. How does Colombian patent law influence the scope of patent CO6341636?
Colombian patent law, aligned with TRIPS, mandates novelty, inventive step, and industrial applicability. These requirements ensure patents like CO6341636 have a defined scope limited by the claims’ language and supported by the description.
2. Can the patent claims be challenged or invalidated?
Yes. Challenges can be based on prior art disclosures, lack of inventive step, or insufficient disclosure. Such disputes are common in pharmaceutical patent landscapes, particularly where competitors seek to free-ride or invalidate broad claims.
3. What strategies can competitors employ to work around this patent?
Designing around the claims by modifying active ingredients, formulations, or therapeutic methods not explicitly covered can circumvent the patent. Legal challenges based on prior art can also narrow or invalidate the patent's scope.
4. How does the patent landscape affect drug commercialization in Colombia?
A densely crowded landscape can delay generic entry, but broad or weak claims potentially open opportunities for competitors. Validating the patent’s strength is crucial for strategic launching.
5. Will this patent be enforceable outside Colombia?
Not automatically. Different jurisdictions have distinct patent laws; rights in Colombia do not extend internationally unless corresponding filings are made and granted elsewhere.
References
[1] Colombian Superintendencia de Industria y Comercio (SIC) Patent Database.
[2] WIPO PatentScope.
[3] World Intellectual Property Organization (WIPO). “Guide to Patent Law.”
[4] OECD Review of Colombian Innovation Policies, 2020.
[5] Colombian Patent Law (Law 1450 of 2011).
