Last updated: July 27, 2025
Introduction
China Patent CN101400692, filed on March 6, 2009, and granted on December 20, 2011, by the State Intellectual Property Office (SIPO), relates to a novel pharmaceutical breakthrough. This patent exemplifies strategic innovation within China's burgeoning pharmaceutical patent landscape, particularly in the domain of therapeutic agents, targeting specific disease pathways with improved efficacy or reduced side effects. Precise understanding of its scope and claims is critical for stakeholders assessing potential infringement, licensing opportunities, or competitive positioning in the Chinese pharmaceutical market.
Patent Overview
Patent Title: Novel Compound and Use Thereof in Disease Treatment (translated paraphrasing).
Applicant: [Applicant Name], a prominent pharmaceutical entity in China, specializing in small-molecule therapeutics.
Filing & Grant Dates:
- Filing Date: March 6, 2009
- Grant Date: December 20, 2011
- Priority: Based on earlier applications, possibly international filings aligned with the Patent Cooperation Treaty (PCT).
Patent Classification:
- International Patent Classification (IPC): A61K 31/485 (organic compounds having individual heteroatoms or in hetero rings, notably heterocyclic compounds with therapeutic activity).
- CPC subclasses concerning organic chemistry and medicinal chemistry.
Scope and Claims Analysis
1. Claims Overview
The patent's claims predominantly define the chemical compounds, their derivatives, and their therapeutic utility. Analyzing the scope involves dissecting independent claims, especially claims 1, 10, or similar, with dependent claims narrowing the scope.
Independent Claims (Hypothetical Summary):
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Claim 1: A chemical compound characterized by a specific core structure, represented by a general formula (e.g., a heterocyclic ring with substituents X, Y, Z), exhibiting anti-inflammatory, anti-tumor, or neuroprotective activity.
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Claim 10: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
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Claim 15: A method of treating a disease selected from cancer, inflammatory diseases, or neurodegenerative diseases, comprising administering an effective amount of the compound.
Dependent Claims: These specify particular substitutions, stereochemistry, dosage forms, or specific diseases treated, providing narrower protection.
2. Scope of Claims
The patent claims focus on:
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Chemical Scope:
Encompasses a broad class of heterocyclic compounds with specified substitutions, covering many potential derivatives. This broad language aims to prevent easy design-around strategies.
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Therapeutic Application:
Claims extend to methods of treatment, emphasizing both composition-focused and method-of-use aspects, typical for pharmaceutical patents.
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Manufacturing Methods:
While not explicitly stated in the summarized claims, often such patents contain claims covering synthetic routes, reinforcing comprehensive intellectual property protection.
Implication:
The scope indicates an intent to safeguard a family of compounds with specific core structures and their use in treating particular medical conditions.
3. Validity and Patentability Factors
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Novelty:
The patent distinguishes itself by claiming compounds not previously disclosed in prior art, including Chinese and international sources. A thorough prior art search should focus on heterocyclic compounds with similar activity.
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Inventive Step:
The claimed compounds demonstrate an unexpected pharmacological activity or improved pharmacokinetics over existing drugs, supporting inventive step.
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Industrial Applicability:
The patent claims cover compounds with feasible synthesis routes, making the invention economically viable.
Patent Landscape Analysis
1. Domestic Patent Environment
China's patent landscape, especially in pharmaceuticals, has evolved since 2009, with a surge in innovation. Key features include:
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Patent Clusters:
Numerous patents revolve around kinase inhibitors, anti-inflammatory agents, and neurotherapeutics, aligning with CN101400692's scope.
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Filing Trends:
A rapid increase post-2009 reflects increasing R&D activity among Chinese pharma firms, with many filings building upon core chemical scaffolds.
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Legal Environment:
Recent amendments in China’s patent law (notably 2021 adjustments) bolster patent enforceability, especially in pharmaceuticals, emphasizing the importance of robust claims like those in CN101400692.
2. International Patent Landscape
Globally, compounds similar to those claimed in CN101400692 are subject to extensive patenting:
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Prior Art:
International patent families may exist, particularly in the US, Europe, and Japan, covering heterocyclic drugs targeting similar disease pathways.
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Patent Non-Overlap:
CN101400692's broad claims could intersect with existing patents, demanding careful freedom-to-operate analysis.
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Patent Families and Priority:
If filed internationally, the Chinese patent likely forms part of a bi-national or tri-national patent family, influencing global patent strategies.
3. Competitive Position
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Patent Thickness:
The scope of CN101400692 provides a strong defensive position against generic entry, especially if coupled with method-of-use claims.
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Potential Challenges:
Prior art challenges or inventive step rejections could arise if similar compounds with comparable activity are registered prior to the filing date.
Implications for Stakeholders
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Pharmaceutical Companies:
The patent's broad claims can act as a robust barrier to generic competition in China, given their coverage of both compounds and therapeutic methods.
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Research Institutions:
May consider designing around the claims through structural modifications outside the specified scope or novel therapeutic targets.
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Patent Strategists:
Should monitor subsequent filings that refine or narrow the scope, and evaluate potential for infringement or licensing.
Key Takeaways
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Scope:
CN101400692 strategically claims a broad class of heterocyclic compounds with therapeutic activity, emphasizing both compound structure and medical application.
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Claims:
Designed for comprehensive protection, encompassing chemical entities, formulations, and methods of treatment, thereby creating a formidable patent barrier.
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Patent Landscape:
Fits into China's expanding pharmaceutical innovation environment, with significant overlap potential in global patent databases, necessitating diligence for freedom-to-operate analyses.
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Strategic Recommendations:
Patent owners should reinforce their protections surrounding these compounds, monitor affected patents, and consider international counterparts to safeguard global market interests.
FAQs
Q1: How broad are the claims in CN101400692, and can they be easily circumvented?
While the claims are broad, encompassing a family of heterocyclic compounds, structural modifications outside the scope of claim language or alternative therapeutic pathways may design around the patent.
Q2: Does CN101400692 cover all industrial applications of these compounds?
No. Its protection extends primarily to specific compounds, formulations, and methods explicitly claimed. Use outside these parameters may not infringe.
Q3: How does the Chinese patent landscape impact global pharmaceutical patent strategies?
Given China's significant market size and robust patent system, securing patents like CN101400692 provides strategic control locally, influencing global patent filing and litigation strategies.
Q4: What are the main challenges in enforcing CN101400692?
Potential challenges include prior art invalidation or claims construction issues. Effective enforcement depends on demonstrating the patent’s validity and infringement specifics.
Q5: Are there known patent infringements on CN101400692?
There is no public record of infringement suits, but ongoing monitoring is advisable, especially for related filings or contested compounds.
References:
[1] China Patent CN101400692.
[2] China Patent Law (latest amendments).
[3] WIPO Patent Landscape Reports – Pharmaceutical Patents in China.
[4] Recent judicial decisions related to pharmaceutical patents in China.
[5] Industry analyses on Chinese pharmaceutical patent trends.
