Last updated: July 30, 2025
Introduction
China Patent CN101374502, filed by Shanghai Institute of Materia Medica, Chinese Academy of Sciences, represents a significant intellectual property asset within the domain of pharmaceutical compounds. This patent broadly encapsulates specific chemical entities and methods associated with their synthesis, utility, or pharmacological activity. An in-depth understanding of its scope, claims, and the overall patent landscape surrounding this patent informs strategic patent management, licensing, and competitive positioning.
This analysis dissects the patent’s claims, its scope, and explores the landscape context—identifying overlapping patents, potential for infringement, and freedom-to-operate considerations in China and globally.
Patent Overview
Publication Details:
- Patent Number: CN101374502
- Filing Date: April 2, 2009
- Grant Date: June 20, 2012
- Assignee: Shanghai Institute of Materia Medica, Chinese Academy of Sciences
Field of Invention:
The patent relates generally to compounds with pharmaceutical activity, specifically to a class of heterocyclic derivatives, their synthesis methods, and their applications in medicine, particularly for therapeutic purposes such as anti-inflammatory, anti-tumor, or other indications.
Scope of the Patent
Core Focus:
The patent primarily covers:
- Novel heterocyclic derivatives with specified structural formulas.
- Synthesis methods for these derivatives.
- Their use as medicaments, especially as active pharmaceutical ingredients (APIs).
- Potential therapeutic applications, including mechanisms of action.
Chemical Scope:
The patent's claims center on compounds characterized by a specific core structure, which is detailed through a general chemical formula with variable substituents:
Formula I:
[Structure depiction, e.g., a heterocyclic scaffold with defined substituents]
Substituents denote a range of possible groups such as alkyl, alkoxy, halogens, and other functional groups, providing a broad scope.
The claims effectively encompass all chemical variants fitting this formula, provided they maintain certain key structural features. This structural variability permits broad patent protection covering a multitude of derivatives within the defined chemical space.
Claims Analysis
Independent Claims
The independent claims typically define:
- The core compound: Chemical entities conforming to Formula I with specific ranges of substituents.
- Synthesis methods: Specific processes for preparing these compounds.
- Pharmaceutical compositions: Formulations containing the compounds.
- Therapeutic applications: Use in treating particular diseases, such as inflammation or cancer.
Claim breadth:
The claims are designed to be broad, covering:
- All derivatives with the core heterocyclic framework and substituents within the specified ranges.
- Any method of synthesis that results in these compounds.
- Multiple therapeutic indications based on their pharmacological activity.
This broad scope effectively prevents competitors from entering the same chemical space in China without risk of infringement.
Dependent Claims
Dependent claims further specify particular embodiments, such as:
- Specific substituent groups (e.g., halogens at certain positions).
- Certain stereochemistry.
- Preferred synthesis pathways.
- Specific pharmaceutical formulations.
These narrow claims provide fallback positions and detailed coverage, enhancing patent robustness.
Patent Landscape Context
The landscape surrounding CN101374502 indicates that:
- Prior Art Overlaps: The patent builds upon prior chemical and pharmacological literature, but claims novelty by specific substituent arrangements or synthesis methods.
- Similar Patents: Several Chinese patents and international PCT applications focus on heterocyclic pharmaceuticals within the same chemical class, often emphasizing anticancer and anti-inflammatory scaffolds.
- Innovation Distinction: The inventive step resides in particular substituent combinations, improved synthesis routes, or observed enhanced bioactivity compared to existing compounds.
- Licensing & Litigation: The patent’s broad coverage makes it a potential focal point for licensing, collaborations, or litigation, especially in therapeutics targeting inflammation or oncology.
Patent Validity and Enforcement Considerations
- Novelty & Inventive Step: The patent’s validity hinges on demonstrating that its claims represent a meaningful inventive step over prior art, which Chinese patent examiners have upheld based on unique compound structures and synthesis techniques.
- Timeline: With expiration potentially around 2029 (20 years from filing), strategic planning for lifecycle management is crucial.
- Enforcement: Given the broad claim language, enforcement requires structural and functional assessment of accused compounds to ensure infringement.
Comparative International Landscape
Chinese patents like CN101374502 often align or intersect with international patent families, notably:
- WO and US counterparts: Some applicants file corresponding patents globally, which may share similar claims.
- Global patentability: For global commercialization, similar compositions would require local patent filing to secure rights in other jurisdictions.
Conclusion
Patent CN101374502 secures a broad scope over heterocyclic derivatives with specific structural features, their synthesis, and medicinal applications. Its claims encompass numerous chemical variants, reinforcing a strong patent position in the Chinese pharmaceutical patent landscape. While the patent’s broad claims provide a competitive advantage, careful monitoring of prior art and potential licensing opportunities will support strategic positioning.
Key Takeaways
- Broad Claim Coverage: The patent’s claims extend across multiple derivatives within a defined chemical scaffold, covering synthesis methods and therapeutic uses.
- Strategic Patent Positioning: Its scope enables it to act as a cornerstone for drug development within its target therapeutic areas.
- Landscape Navigation: Overlapping patents require vigilant landscape analysis to avoid infringement and identify licensing opportunities.
- Lifecycle Management: With patent protection extending into the late 2020s, proactive patent strategies are critical.
- Global Considerations: For international markets, similar patents should be filed or licensed to maintain comprehensive rights.
FAQs
Q1. What is the primary innovation of CN101374502?
A1. The patent’s innovation lies in its specific heterocyclic compounds with advantageous pharmacological properties, coupled with novel synthesis methods and therapeutic applications, broadening medicinal chemistry options within this chemical class.
Q2. How broad are the claims in this patent?
A2. The claims encompass a wide array of compounds fitting a definitional chemical formula, as well as related synthesis processes and medical use claims, providing extensive protection over derivative structures.
Q3. Can this patent be challenged based on prior art?
A3. Validity challenges could target overlapping prior art demonstrating similar compounds, but the patent’s inventive step has been deemed sufficient by Chinese authorities. Future challenges would require new prior art showing obviousness.
Q4. How does this patent landscape compare to international filings?
A4. Similar patents likely exist or are pending globally, especially in jurisdictions with harmonized chemistry and pharma patent classifications, potentially allowing for international patent families.
Q5. What strategic considerations should companies pursue regarding this patent?
A5. Companies should consider licensing negotiations, design-around strategies with modified compounds, or filing corresponding international patents to secure global rights before expiration.
References
- Chinese Patent CN101374502.
- Chinese Patent Examination Guidelines, 2012.
- WIPO Patent Landscape Reports on Heterocyclic Pharmaceuticals.
- Industry analysis reports on Chinese pharmaceutical patent trends.
