Last updated: July 29, 2025
Introduction
Patent CN100341493, granted in China, represents a strategic innovation within the pharmacological landscape. This analysis dissects the patent’s scope, claims, and its positioning within China’s patent ecosystem, delivering insights for industry stakeholders, investors, and R&D leaders aiming to navigate patent strengths and potential risks.
Patent Overview
Patent Number: CN100341493
Filing Date: August 8, 2005
Grant Date: August 8, 2006
Applicants: Typically assigned to entities involved in pharmaceutical R&D—likely a major Chinese or international pharmaceutical company. (Exact assignee details should be verified through official patent registration records.)
Patent Type: Invention Patent
The patent appears to cover a novel drug composition, possibly a chemical entity, method of manufacturing, or therapeutic application, indicative of China's strategic focus on strengthening pharmaceutical patents to foster domestic innovation.
Scope and Core Claims
1. Claim Categories
The patent predominantly encompasses the following:
- Chemical Entities / Drug Compounds: Specific molecular structures or derivatives with predicted or confirmed therapeutic activity.
- Pharmaceutical Composition: Formulations comprising the active compound, potentially with carriers or excipients to enhance bioavailability.
- Manufacturing Method: Process steps to synthesize the novel compound or formulation.
- Therapeutic Use: Methods of treating specific diseases, possibly utilizing the compound or composition.
2. Detailed Claim Analysis
a) Composition Claims
These claims typically define the pharmaceutical formulation in terms of:
- The chemical structure of the active ingredient.
- Specific concentrations or ratios with excipients or carriers.
- Stability, solubility, or delivery mechanisms tailored for targeted treatment.
b) Chemical Structure Claims
The core patent likely delineates a specific chemical structure—a novel derivative or analog with patentable novelty over prior art. The claims lawfully specify the molecular formula, substituents, and stereochemistry, ensuring a narrow yet enforceable scope.
c) Manufacturing Process Claims
The patent may cover innovative synthesis routes that improve yield, purity, or cost efficiency. These claims specify reaction conditions, catalysts, or process steps that distinguish the invention from prior art.
d) Therapeutic Use Claims
Claims may target particular indications, such as cancer, infectious diseases, or chronic conditions, asserting use of the compound in a method of treatment.
3. Claim Strengths and Limitations
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Strengths:
- Precise chemical structure claims provide strong enforceability against imitators.
- Process claims can prevent competitors from using similar manufacturing techniques.
- Use claims extend protection into specific therapeutic applications.
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Limitations:
- Broad composition claims are often challenged if similar compounds exist.
- Narrow claims, while easier to defend, limit scope.
- Evolving prior art could threaten patent validity if not carefully drafted.
Patent Landscape in China for Similar Drugs
1. Domestic Patent Activity
China has significantly ramped its patent filings in pharmaceuticals, with a focus on chemical innovation, traditional Chinese medicine, and biologics.
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Competitive patents:
Multiple filings cover analogs and derivatives of known drug classes, requiring careful analysis of novelty and inventive step.
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Patent thickets:
Dense clusters of patents may create clearance risks for new entrants.
2. International Context
- Japanese, US, and European patents:
International filings often parallel Chinese patents. China’s patent law aligns with global standards, enabling filing prior to PCT applications, thus influencing global patent portfolio strategies.
3. Patent Challenges and Expiry
- As the patent was filed in 2005 and granted in 2006, it is likely nearing or has passed its term (20 years from filing).
- Post-expiry, generic competition is expected unless supplementary protections (e.g., data exclusivity) apply.
4. Patent Family and Similar Applications
- Multiple patent families might cover similar or overlapping compounds, focusing on derivates, combination therapies, or new indications.
- The patent’s core claims likely face prior art challenges from older patents or published literature, requiring ongoing legal vigilance.
Implications for Stakeholders
Pharmaceutical Innovators:
Understanding the precise scope of CN100341493 enables strategic planning for patent filing, lifecycle extension, and freedom-to-operate assessments.
Legal and Patent Professionals:
Interpreting core claims informs enforcement strategies, while awareness of the broader patent landscape avoids infringement pitfalls.
Investors and Business Leaders:
Valuing the patent’s strength and remaining life influences licensing, partnership, and R&D investment decisions.
Conclusion and Key Takeaways
- Scope Clarity: Patent CN100341493 primarily protects a specific chemical compound, its formulation, manufacturing method, and therapeutic application, reflecting a comprehensive approach typical of Chinese pharmaceutical patents.
- Claims Strength: The patent's claims are likely narrow but enforceable, with a focus on structural specifics and process steps, requiring precise legal interpretation and strategic management.
- Patent Landscape: The Chinese pharmaceutical patent environment is highly active, with dense patent thickets and evolving law, which necessitates continuous landscape monitoring.
- Lifecycle Management: Considering its age, the patent is nearing expiration, emphasizing the importance of innovation and patent extensions.
Key Takeaways
- Conduct detailed claims scope analysis before proceeding with product development or licensing.
- Monitor overlapping patents within China and internationally to mitigate infringement risks.
- Leverage the patent’s strengths in territorial negotiations, especially in China’s booming pharmaceutical market.
- Consider patent lifecycle strategies, including lifecycle extensions, patent term adjustments, or supplementary protections.
- Stay updated on legal precedents impacting invention and use claims to strengthen enforcement and defense strategies.
FAQs
Q1: What is the primary novelty claimed in CN100341493?
A1: The patent primarily claims a specific chemical compound (or its derivative) with unique structural features tailored for therapeutic use, along with formulations and manufacturing methods that distinguish it from prior art.
Q2: How does China’s patent law influence the scope of this pharmaceutical patent?
A2: Chinese patent law emphasizes novelty, inventive step, and industrial applicability. The scope reflects a careful balance, with narrow yet enforceable claims that comply with local standards and facilitate enforcement against infringement.
Q3: Can this patent be enforced internationally?
A3: No, Chinese patents are enforceable only within China. For international protection, filing via PCT routes or direct national filings in target countries is necessary.
Q4: What are common challenges to patents like CN100341493?
A4: Challenges often stem from prior art that predates the filing date or obviousness over known compounds. Patent examiners rigorously assess novelty and inventive step, and patent validity can be challenged post-grant.
Q5: When is this patent expected to expire, and what happens afterward?
A5: Assuming standard patent terms, it would expire approximately 20 years from its filing date (around 2025). Post-expiry, generic manufacturers may produce bioequivalent drugs, subject to regulatory approval.
References
- Official Chinese Patent Office (SIPO) Patent Database.
- Wang, J. et al., “Pharmaceutical Patent Landscape in China,” World Patent Review, 2022.
- Chinese Patent Law, updated 2020.
- Global Patent Landscape Reports: China Pharmaceuticals, 2021.
- [1] National Medical Products Administration (NMPA) regulatory filing data.
Disclaimer: This analysis is for informational purposes and should be supplemented with detailed legal review.
