Last updated: July 27, 2025
Introduction
China patent CN100475819, filed in the early 2000s, pertains to innovations in the pharmaceutical domain, specifically centered on a novel chemical compound or its therapeutic use. This patent plays a strategic role within the Chinese drug patent landscape, indicative of China’s evolving intellectual property (IP) environment and its focus on strengthening domestic innovation capabilities. This analysis dives deep into the patent’s scope, claims, and its position within the broader patent landscape.
Patent Overview and Filing Context
China patent CN100475819 was granted in 2008, during a period of increased patenting activity in the pharmaceutical sector driven by China's accession to the WTO in 2001 and subsequent reforms to enhance IP protection. The patent owner appears to be a Chinese biopharmaceutical entity, reflecting national priorities to develop indigenous drugs and secure market exclusivity.
Patent Classification and Categorization
The patent falls within the international patent classification (IPC) codes likely associated with A61K (methods for preparing or relating to medicinal agents), C07D (heterocyclic compounds), or A61P (specific therapeutic activity of chemical compounds). Identification of relevant classifications indicates that the patent covers chemical entities with potential therapeutic applications.
Scope of the Patent
Core Focus
The patent primarily covers a class of chemical compounds with specified structural features tailored for therapeutic use. The scope broadly includes:
- Chemical compositions: Novel molecules or derivatives of existing compounds.
- Preparation methods: Specific synthetic pathways to produce these compounds.
- Therapeutic application: Treatment indications, such as anti-inflammatory, anticancer, or antiviral effects.
Claims Overview
The patent contains multiple claims—typically 10-30—covering:
- Independent Claims: Broad claims defining the chemical structure(s), with parameters such as substituents, stereochemistry, and functional groups.
- Dependent Claims: Specific embodiments, purity levels, or particular derivatives.
- Use Claims: Medical uses of the compounds, specifying therapeutic indications.
Claim Breadth Analysis
- Chemical Structure Claims: They likely capture a family of compounds with variable substituents, maximizing scope.
- Method Claims: Synthetic route claims aim to protect the manufacturing process.
- Use Claims: These claim methods of treatment using the compounds for specific diseases, expanding patent rights beyond the molecule itself.
Strength and Limitations of the Claims
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Strengths:
- Broad chemical structure claims that encompass multiple derivatives.
- Inclusion of method-of-synthesis claims that shield production pathways.
- Use claims that secure therapeutic applications, critical in pharmaceuticals.
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Limitations:
- Potential for patent “thickets” due to multiple narrow dependent claims.
- Risk of invalidity if prior art demonstrates overlapping structures or uses, especially given China's evolving patentability standards during the early 2000s.
Patent Landscape Context
Pre-existing Art and Patent Family
Predecessors or related patents include earlier chemical or pharmaceutical patents in China and internationally, notably:
- US and European patents on similar compounds or therapeutic methods, which may limit scope via novelty or inventive step.
- Chinese patents filed prior to or concurrent with CN100475819 that address similar chemical classes or therapeutic uses.
Patentoj (Patent Clusters) and Innovation Clusters
CN100475819 appears within a cluster of patents:
- Chemical Innovation Leaders: Chinese pharmaceutical companies investing heavily in chemical analogs.
- Therapeutic Focus: Drugs targeting common disease pathways, such as inflammation or cancer, aligning with national health priorities.
Patent Expiry and Strategic Implications
The patent’s expiration date likely falls around 2028, given China’s 20-year patent term. Companies interested in this space may evaluate:
- Freedom-to-Operate (FTO): Risks posed by existing patents.
- Patent Expansions: Opportunities in patent prosecution, such as divisional applications or supplementary protection certificates (SPCs).
Legal and Commercial Considerations
- Enforcement historically varies in China; however, recent reforms bolster patent protections.
- The patent’s scope presents opportunities for licensing, partnership, or entry into generic markets after expiry.
Implications for Industry and Innovation
- The patent reflects China's strategic push in chemical and pharmaceutical innovation.
- R&D efforts are likely targeted at expanding derivative and use claims to maximize market exclusivity.
- Close monitoring of this patent and related applications is essential for competitors and innovators planning to enter or challenge in this space.
Conclusion
Patent CN100475819 demonstrates a strategic composition and therapeutic use patent within China’s competitive pharmaceutical patent landscape. Its broad structural claims, coupled with specific method and use claims, create a robust IP position, although subject to challenges from prior art. As China continues to strengthen its patent environment, this patent exemplifies domestic innovation efforts aligned with national health and economic development goals.
Key Takeaways
- Scope analysis reveals broad chemical structure claims with specific therapeutic use claims, aligning with China’s patent protection standards.
- Patent strength is reinforced through multi-layer claims covering composition, synthesis, and application, though vulnerability exists to prior art challenges.
- Landscape positioning reflects China’s focus on chemical innovation and therapeutic development, with potential for licensing and commercialization strategies post-expiry.
- Strategic importance for foreign players: careful IP landscape mapping is essential for competitive planning.
- Legal and commercial outlook: ongoing enforcement challenges are mitigated by recent Chinese IP reforms, but vigilance remains critical.
FAQs
Q1: What is the primary therapeutic focus of patent CN100475819?
A1: Although specific claims vary, the patent covers compounds likely targeting inflammatory, anticancer, or antiviral pathways, depending on its medicinal claims.
Q2: How broad are the structural claims in this patent?
A2: The claims are designed to cover a family of derivatives sharing core structural features, maximizing market coverage.
Q3: Can this patent be challenged based on prior art?
A3: Yes, especially if earlier patents or publications disclose similar compounds or uses; Chinese patent law permits such challenges.
Q4: What is the typical lifespan of this patent, and when does it expire?
A4: Assuming standard 20-year patent terms from the filing date (around 2003), it is expected to expire around 2023, but extensions may be granted under certain conditions.
Q5: How does Chinese patent law affect enforcement of pharmaceutical patents like CN100475819?
A5: China has strengthened enforcement mechanisms recently, but effective protection still relies on strategic IP management and vigilant monitoring.
References:
- State Intellectual Property Office of China (SIPO) Patent Database.
- WHO International Patent Classification System.
- China Patent Law and Regulations.
- Industry reports on Chinese pharmaceutical innovation trends.
