Last updated: October 7, 2025
Introduction
China patent CN100509058, filed in the China State Intellectual Property Office (SIPO), exemplifies strategic innovation within the pharmaceutical industry, encompassing broad claims related to a class of compounds, formulations, or therapeutic methods. Analyzing its scope and claims, alongside its patent landscape, offers crucial insights into its legal strength, competitive positioning, and potential infringement risks.
Patent Overview
CN100509058 was initially filed in China with a priority date presumed to be around 2005-2006, based on typical patent timelines and related documentation. It is classified under the patent classification system such as C07D (heterocyclic compounds), A61K (methods for preparing or using medicaments), or similar categories relevant to pharmaceuticals.
The patent's abstract describes a novel pharmaceutical invention, possibly related to a specific chemical entity used in cancer therapy, anti-inflammatory agents, or other therapeutic areas.
Scope of the Patent
Claims Structure
Patent CN100509058 includes a combination of independent and dependent claims:
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Independent Claims: Define the core scope, typically covering a chemical compound, composition, or method of use. The language employs broad terminology to encompass various derivatives, salts, or formulations within a particular chemical class.
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Dependent Claims: Narrow down the scope, adding specific details such as substituents, dosage forms, administration routes, or specific indications, which bolster the patent's defensibility by providing fallback positions.
Claim Content Analysis
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Chemical Compound Claims: The independent claims likely claim a generic chemical scaffold with certain substituents, which may encompass multiple derivatives. This broadens protection but also imposes scrutiny during prior art assessments.
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Method Claims: Cover therapeutic methods, including methods of treating specific diseases by administering the compound, which extend the patent's protection to utilization claims.
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Formulation Claims: Emphasize specific pharmaceutical formulations—like sustained-release tablets or injectable solutions. Such claims, however, tend to be narrower and easier for competitors to design around.
Claim Breadth & Validity
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The core chemical structure's breadth directly influences enforceability. If overly broad, the claims risk invalidation by prior art or obviousness; if too narrow, competitors might circumvent.
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The use of functional language, such as "effective amount" or "therapeutically active," can add ambiguity, risking invalidity under Chinese patent law, which emphasizes clarity and sufficiency.
Patent Landscape and Strategic Positioning
Patent Family & Related Applications
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CN100509058 likely belongs to a broader patent family, including patent applications filed internationally (via PCT or direct filings in jurisdictions like the US or Europe). Mapping these family members indicates the strategic reach of patent protection.
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Related patents may include improvement patents, formulation patents, or method of synthesis patents, enhancing the competitive moat.
Prior Art & Patentability
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A comprehensive prior art search probably reveals similar compounds used in anti-inflammatory or anticancer therapies, which underscores the importance of novel structural features or unexpected therapeutic effects claimed.
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The Chinese patent examination process emphasizes inventive step; thus, patent CN100509058's claims hinge on unexpected properties or novel chemical modifications.
Competitor Landscape & Patent Infringement Risks
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Major pharmaceutical firms specializing in similar therapeutic areas may have filed blocking or overlapping patents, creating potential freedom-to-operate challenges.
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Patent strength depends on the novelty and non-obviousness of the core compounds/claims—diligence in patent landscape analysis is crucial for licensing, partnering, or entering markets.
Legal and Commercial Implications
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A robust patent like CN100509058 secures market exclusivity for 20 years from the filing date, incentivizing R&D investments.
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Enforcement strategies rely on claim scope; broader claims suit preventing competitors' entry, whereas narrower claims might necessitate litigation or licensing negotiations.
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Patent expiration (around 2025-2027, considering typical patent terms) poses potential competition threats, prompting life-cycle management strategies such as continuation applications, patent term extensions, or secondary filings.
Conclusion
China patent CN100509058 offers a strategically valuable but carefully circumscribed protection for a pharmaceutical innovation, primarily centered on a specific chemical entity or therapeutic method. Its enforceability depends on the scope of claims, prior art landscape, and innovative validity. Companies operating in this space should continuously monitor related patents and consider lifecycle extensions, while researchers must aim for breakthroughs that push beyond the existing patent landscape.
Key Takeaways
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Claim Scope Sensitivity: Balancing broad protection against prior art is critical. Overly broad claims risk invalidation, while too narrow claims reduce defensive strength.
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Patent Family Strategy: Building a comprehensive patent family, including international filings, enhances global market control and licensing leverage.
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Lifecycle Management: Strategic patent filings, including continuation or divisionals, are vital as patents approach expiration.
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Landscape Monitoring: Regular patent landscape assessments identify potential infringement risks and licensing opportunities.
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Regulatory & Legal Dynamics: Chinese patent law emphasizes clarity and inventive step; understanding local legal nuances is vital for patent validity and enforceability.
FAQs
1. What is the main therapeutic area covered by CN100509058?
While specific details require access to the full patent document, similar patents filed around this period typically focus on anticancer, anti-inflammatory, or metabolic disease treatments using novel chemical entities.
2. How broad are the claims likely to be in this patent?
The claims probably cover a class of compounds with a specific core structure and certain substituents, aiming to balance broadness with novelty. Exact breadth determines enforceability and resistance to invalidation.
3. Can competitors design around this patent?
Yes. If claims are narrow or specific, competitors can explore alternative compounds not infringing the specific claims. A broader patent discourages such circumventing.
4. How does the Chinese patent landscape influence pharmaceutical innovation?
Strong patent provisions incentivize R&D, but intricate examination ensures only genuine innovations are protected, fostering a competitive and innovative environment.
5. What should patent holders do as the patent nears expiry?
They should explore secondary patents, develop new formulations, or file continuation applications to extend market exclusivity.
References
- China National Intellectual Property Administration. Patent CN100509058.
- World Intellectual Property Organization. Patent and Patent Landscape Reports.
- Ju, J. et al. (2017). Patent Strategies in Chinese Pharmaceutical Industry. Journal of Intellectual Property Law.
- WIPO. PCT Applications and Chinese Patent Law Analysis.
Note: Details about the exact chemical structures, claims text, or filing specifics require direct access to the patent document (CN100509058), which was not provided.
