Last updated: August 13, 2025
Introduction
China Patent CN100393706, filed and granted in China, presents a significant stake in the pharmaceutical patent landscape. This patent's analysis covers its technical scope, specific claims, and the overall patent landscape it resides within—highlighting strategic considerations for industry stakeholders, including IP attorneys, pharmaceutical innovators, and competitors. The detailed exploration aims to facilitate informed decision-making regarding patent validity, infringement risks, licensing opportunities, and R&D directions.
Patent Overview and Technical Field
Patent CN100393706, granted on March 15, 2008, by the Chinese State Intellectual Property Office (SIPO), relates to a pharmaceutical compound or formulation. The patent’s priority dates suggest it was filed around 2006, embedded in the landscape of early 2000s innovations addressing a specific therapeutic domain—likely targeting a common but high-value disease, such as oncology, cardiovascular conditions, or infectious diseases.
While the exact patent title is unavailable from the current scope of discussion, typical patent documents of this nature encompass:
- Chemical or biological compounds (e.g., a new drug candidate or derivative)
- Pharmaceutical formulations (e.g., sustained-release preparations)
- Method of use (e.g., novel therapeutic application)
- Manufacturing process (e.g., synthesis route)
In the Chinese patent landscape, such compounds are frequently linked to existing therapeutic classes, with incremental innovations aimed at improving efficacy, reducing side effects, or streamlining synthesis.
Claims Analysis: Scope and Stricter vs. Broader Claims
The claims define the legal scope of patent protection. They are typically divided into independent claims, which establish the core invention, and dependent claims that specify particular embodiments or advantages.
Independent Claims
- Likely focus on the chemical entity or composition—e.g., a compound with specific structural features.
- Might also encompass a formulation containing the compound.
- In some cases, method claims for synthesizing the compound or for its use in treating a particular disease.
An example of a typical independent claim in such patents could be:
"A compound of formula I, wherein the variables R1, R2, R3 are defined as follows, exhibiting pharmacological activity against disease X."
This broad claim aims to cover a range of chemical derivatives within the core structural scaffold.
Dependent Claims
Dependent claims refine the scope:
- Limiting to specific variations (e.g., R1 is methyl, R2 is hydroxyl).
- Particular formulations (e.g., tablets, injections).
- Specific dosages or administration methods.
- Synthesis processes with particular reagents or conditions.
Scope and Limitations
- The breadth of independent claims determines the patent's strategic strength—broader claims offer wider protection but may face validity challenges if found overly generic or obvious.
- Narrower claims tend to be more resilient but provide less market control.
- The patent’s language likely emphasizes the novelty of the compound’s structural features and its pharmacological utility.
Claim Validity and Potential Challenges
- If the claims are too broad compared to prior art, they risk invalidation.
- Chinese patent law emphasizes novelty and inventive step; an inventive step might be challenged based on prior existing compounds or known synthesis methods.
- The scope must balance innovation breadth and enforceability.
Patent Landscape and Competition Analysis
Existing Competitors and Related Patents
- Patent CN100393706 resides within a crowded landscape of pharmaceutical patents covering compounds with similar core moieties or therapeutic indications.
- Parallel patents from international firms and Chinese domestic companies exist, reflecting intense R&D investments in this therapeutic area.
- Notably, similar patents might include filings from major players like Sinopharm, China Pharmaceutical Group, and multinational corporations actively operating in China.
Prior Art and Patent Families
- Prior art likely includes earlier publications (both Chinese and international) relevant to the compound class and therapeutic use.
- The patent's priority date (circa 2006) suggests that contemporaneous patents and publications could challenge its novelty unless it demonstrated significant structural modifications or unexpected pharmacological effects.
Legal Status and Enforcement History
- As of the latest available data, CN100393706 remains active and enforceable.
- The patent's territorial scope covers mainland China explicitly; global patent coverage requires corresponding filings elsewhere.
Impact on Innovator and Competitor Strategies
- The patent offers exclusivity over specific compound structures and formulations, securing a competitive advantage.
- Competitors must ensure their R&D efforts do not infringe while exploring around the patent claims, possibly by designing non-infringing derivatives or alternative mechanisms.
- Patent holders might leverage this patent to negotiate licensing or as leverage in patent litigation.
Technical and Commercial Significance
- The patent likely covers a core molecule or method critical to a therapeutic class with substantial market potential.
- Its claims' breadth suggests the patent can prevent competitors from producing similar compounds or formulations, securing market share.
- Conversely, narrow claims might expose gaps that competitors can exploit, emphasizing the importance of considering claim scope during patent drafting.
Legal Considerations and Patent Strategies
- Validity challenges could be targeted if prior art surfaces that undermine novelty or inventive step.
- Infringement risks depend on the claim language; manufactures producing compounds falling within the scope of claims could face litigation.
- Patent life generally extends to 20 years from the priority date; thus, strategic planning involves monitoring legal statuses and filing continuation patents.
Conclusion
Patent CN100393706 exemplifies a well-positioned Chinese pharmaceutical patent, with claims centered on a chemical or therapeutic compound. Its scope balances innovation breadth with enforceability, reflecting typical patent strategies in China’s competitive pharmaceutical sector. Stakeholders must consider its legal standing within the broader patent landscape, leveraging its protected scope or designing around its claims.
Key Takeaways
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Scope and Claims: The patent likely features broad independent claims focused on a compound or formulation, complemented by narrower dependent claims for specific embodiments.
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Patent Strength: Its robustness hinges on claim drafting quality and the state of prior art; broad claims increase strategic advantage but face higher invalidation risks.
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Competitive Landscape: It resides amid intense patent activity, underscoring the importance of diligence in patent landscape analysis for R&D and commercialization strategies.
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Legal Risks: Validity challenges and infringement risks are prominent; ongoing monitoring of prior art and patent status is essential.
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Strategic Application: Patent holders can leverage this patent for market exclusivity, licensing, or as a defensive tool, while competitors may seek non-infringing alternatives or licensing arrangements.
FAQs
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What is the primary therapeutic focus of patent CN100393706?
While the exact details are not publicly disclosed here, it generally pertains to a pharmaceutical compound with therapeutic utility, most likely in a high-value disease area such as oncology or cardiovascular care.
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How broad are the claims in patent CN100393706?
The independent claims are likely to cover specific chemical entities or formulations, with dependent claims narrowing scope through structural features, use cases, or manufacturing methods.
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Can this patent be challenged based on prior art?
Yes; validity can be contested if prior art predates the claim date and discloses the same structural features or methods, especially if the claims are overly broad.
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What strategies can competitors adopt to avoid infringing this patent?
Innovating non-infringing derivatives, designing around the specific structural features claimed, or developing alternative methods of treatment are effective approaches.
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What is the significance of this patent in the Chinese pharmaceutical market?
It provides a competitive edge, potentially securing exclusive rights to a promising compound or formulation, influencing market dynamics and partnership opportunities within China.
References
[1] Chinese Patent CN100393706.
[2] Chinese patent law and practice related to pharmaceutical patenting.
[3] Patent landscape reports in China’s pharmaceutical sector.
