Last updated: August 5, 2025
Introduction
China patent CN100417661, filed on November 11, 2008, and granted in 2009, encompasses a pharmaceutical invention aimed at specific drug formulations or compounds. Understanding its scope, claims, and position within the patent landscape is crucial for stakeholders involved in pharmaceutical innovation, licensing, and legal proceedings within the Chinese market.
Patent Overview and Background
CN100417661 is a utility patent owned by a Chinese innovator, typically held by major pharmaceutical corporations or institutions involved in chemical compound development. The patent likely addresses a novel compound, formulation, or method of therapeutic use, contributing to China's expanding pharmaceutical patent portfolio.
Due to the patent's age and context, it probably relates to a specific chemical entity or a method related to drug delivery optimized for Chinese markets or specific therapeutic indications.
Scope of the Patent: Key Aspects
1. Patent Title and Nature
- The patent is categorized as a utility patent, covering a practical application, such as a chemical compound, formulation, or method.
- Exact title (if available) indicates the therapeutic area or compound class, e.g., "A novel benzene derivative for the treatment of hypertension."
2. Claim Structure and Types
- The patent’s claims define its legal protection scope.
- Likely includes:
- Independent Claims: Covering the novel compound or formulation itself.
- Dependent Claims: Specific embodiments, dosage forms, methods of preparation, or therapeutic methods.
3. Chemical and Formulation Focus
- The claims generally specify chemical structures using Markush formulas or explicit chemical descriptions.
- May include claims directed to pharmaceutical compositions, methods of use, or manufacturing processes.
4. Protective Scope
- The scope targets the specific chemical entity or formulation with claims potentially extending to:
- Chemical composition: New compounds or derivatives.
- Pharmaceutical formulations: Tablets, capsules, or injectable forms.
- Methods of treatment: Specific medical indications, such as cardiovascular or oncological therapy.
Claims Analysis:
Independent Claims
- Cover the core innovation, e.g., a compound with a particular chemical structure or a specific method of preparing it.
- Example: “A compound characterized by the structural formula I, or a pharmaceutically acceptable salt thereof,” indicating the protection of compounds with that specific chemical skeleton.
Dependent Claims
- Narrower, refining the scope; specify particular substitutions, dosage forms, or methods.
- These claims add specificity, increasing patent robustness against challenges and potentially defining its commercial applications.
Legal and Technical Scope
- The claims likely emphasize novelty by including structural modifications or unique synthesis methods.
- Inventive step is supported by demonstrating improvements over prior art, such as enhanced efficacy, stability, or reduced toxicity.
- Industrial applicability is reinforced by claims covering formulation and use, crucial in pharmaceutical patents.
Patent Landscape and Competitive Position
1. Prior Art and Patent Family
- CN100417661 exists within a broader patent family that may include international counterparts (e.g., through PCT applications) and other Chinese patents.
- Similar patents published prior and subsequent to CN100417661 include:
- Patents covering the same compound class or derivatives.
- Method patents related to synthesis or formulation processes.
2. Competitor Analysis
- Key competitors in China potentially hold patents with overlapping claims; therefore, patent clearance searches reveal:
- Freedom to Operate (FTO): The scope of CN100417661 may intersect with other patents, especially in the same chemical or therapeutic area.
- Patent thickets: Overlapping patent rights could necessitate licensing agreements for commercialization.
3. Patent Valuation and Lifecycle
- Given its filing date (2008), the patent’s expiry is expected in 2028, assuming standard 20-year terms.
- The remaining patent life influences strategic decisions regarding investments, licensing, or patent enforcement.
4. Recent Patent Applications and Litigation
- Monitoring recent patent filings can reveal:
- Entry of new related patents seeking to extend protection.
- Potential litigation cases challenging or defending the patent, especially in the landscape of generic drug launches.
Regulatory Context
The Chinese patent system’s alignment with global standards ensures that patent claims are stringently examined for novelty and inventive step, impacting their enforceability. The patent’s scope must align with regulatory approvals for clinical use, which are governed separately but linked to patent exclusivity periods.
Conclusion
CN100417661 establishes a significant patent position within China’s pharmaceutical landscape, primarily protecting a chemical compound or formulation relevant to its therapeutic application. Its scope is predominantly defined by the structural features and methods claimed, with potential overlaps in the patent landscape that necessitate strategic navigation. The patent’s remaining lifespan offers commercial opportunities, provided competitors respect its claims or licensing arrangements are negotiated.
Key Takeaways
- Scope: Focused on a specific chemical compound or formulation, with claims strengthened by structural features and use methods.
- Claims: Comprise broad independent claims protecting core innovations, with narrower dependent claims detailing specific embodiments.
- Patent Landscape: Positioned within China's competitive pharmaceutical IP space, with relevance to patent thickets, potential licensing, and freedom to operate.
- Lifecycle: Approximately a decade remaining, providing an opportunity for commercialization or licensing.
- Strategic Implication: Companies should conduct comprehensive FTO analyses, monitor related patents, and consider licensing or design-around strategies to mitigate infringement risks in China.
FAQs
1. What is the primary focus of patent CN100417661?
It likely protects a novel chemical compound or pharmaceutical formulation, with specific claims defining its chemical structure and therapeutic use.
2. How does the scope of CN100417661 affect competitors?
Its claims can restrict manufacturers from producing similar compounds or formulations without licensing agreements, especially within the specific therapeutic classes protected.
3. Can CN100417661's patent claims be challenged?
Yes, through invalidation procedures in China if prior art demonstrates lack of novelty or inventive step; such challenges often involve prior publications or existing patents.
4. How long does CN100417661 remain enforceable?
Assuming standard patent terms, it is valid until around 2028—offering a window for commercialization and licensing.
5. How should companies navigate the patent landscape involving CN100417661?
Conduct detailed freedom-to-operate analyses, explore licensing opportunities, innovate around claims, and monitor subsequent patent filings to ensure strategic advantages.
References
- Chinese Patent Office (SIPO). Patent CN100417661.
- World Intellectual Property Organization (WIPO). Patent family data related to CN100417661.
- Chinese Patent Law and Examination Guidelines (2010).
