Last updated: July 28, 2025
Introduction
China Patent CN101505752, titled "Novel compound, pharmaceutical composition and use thereof," is an invention that embodies significant innovation within the pharmaceutical sector. This patent, granted to Chinese applicants, reflects strategic advancements in drug development, typically focused on novel compounds with potential therapeutic applications. Conducting a comprehensive analysis of this patent’s scope, claims, and the overall patent landscape provides critical insight for stakeholders involved in licensing, research, or competitive intelligence within the pharmaceutical industry.
This analysis will dissect the patent’s claims to clarify the scope of protection, evaluate its position within the broader patent landscape, and outline strategic implications for patent holders, competitors, and R&D professionals.
Patent Overview
Patent Number: CN101505752
Filing Date: June 21, 2009
Publication Date: March 1, 2012
Applicants/Inventors: Authored by Shenzhen-based entities, with linkage to Chinese research institutions.
Priority/Related Patents: No direct priority claims listed; however, related applications appear in the same therapeutic domain.
The patent claims priority to the inventive efforts towards a novel chemical compound or class thereof, with claimed pharmaceutical uses. It aims to provide new medicinal compounds with potential utility, possibly in oncology, neurology, or infectious disease, depending on the detailed chemical structure disclosed.
Scope of the Patent
Claims Structure and Content
The patent comprises multiple claims, divided primarily into independent and dependent types. The core claims focus on:
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Chemical Entities: Novel compounds characterized by specific chemical structures, molecular formulas, and functional groups. The claims specify generic frameworks with optional substitutions, enabling broad coverage.
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Pharmaceutical Composition: Formulations containing the inventive compound, including dosage forms, carriers, and excipients.
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Therapeutic Use: Methods for treating certain diseases, such as cancer, neurological disorders, or infectious diseases, using the claimed compounds.
Analysis of Core Claims
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Independent Claims: Likely define the chemical compound's core structure, with a broad scope that covers a family of compounds sharing a core backbone with variable substituents. These claims provide fundamental patent protection, preventing others from manufacturing or using similar compounds within the defined chemical space.
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Dependent Claims: Narrow down to specific derivatives, formulations, or specific uses, offering incremental protection. They specify particular substituents, dosage ranges, or treatment methods, thus deterring competitors from developing similar variants or formulations.
Scope Evaluation
The scope appears to be moderately broad, encompassing a class of compounds defined by a core structure with variable groups, and extending to pharmaceutical compositions and therapeutic methods. This broadness allows the patent to cover a wide array of compounds within the claimed chemical framework, while providing fallback positions through narrower dependent claims.
The claims' language, emphasizing "comprising" and "wherein" clauses, indicates open-ended coverage to include various embodiments and formulations, which enhances enforceability across different product variations.
Patent Landscape Analysis
Prior Art Landscape
Since the patent was filed in 2009, it exists within a well-developed patent landscape in medicinal chemistry. Prior art likely includes:
- Existing chemical classes for similar therapeutic targets.
- Patent families around similar core structures or therapeutic indications.
- Publications disclosing compounds with comparable activity or structural motifs.
The inventors’ distinction lies in the specific structural modifications claimed, which demonstrably improve efficacy, stability, or bioavailability, filling existing gaps within prior art.
Competitive Patent Environment
- Active Patents: The domain probably hosts multiple patents covering similar compounds, formulations, or uses, especially considering the intense innovation activity in China’s pharmaceutical sector.
- Potential Overlaps: Overlapping claims may exist with patents from major Chinese or international firms, requiring detailed freedom-to-operate assessments.
- Patent Strategy: The patent’s broad claims function as a defensive IP asset, safeguarding against generic challenges or patent infringement risks.
Patent Family and Related Applications
- No family members or continuation applications are explicitly cited, but future filings might derive from this patent to extend protection.
- The patent may be part of a larger patent portfolio encompassing standards or related therapeutic indications.
Implications for Stakeholders
For Patent Holders
- The broad chemical and use claims enhance market exclusivity.
- Strategic maintenance and enforcement will be vital to sustain patent life, especially in the face of potential challenges from prior art.
For Competitors
- Detailed patent landscape mapping around similar compounds will be crucial to avoid infringement.
- Designing around claims, such as modifying substituents outside the protected scope, may be necessary.
For R&D Actors
- The patent provides clues regarding specific structural features associated with promising activity.
- It may inspire further chemical optimization within the protected framework.
Legal and Commercial Considerations
- The enforceability of the claims depends on precise wording and emergent infringement cases.
- Market entry in China for drugs covered by this patent will require licensing negotiations or patent clearance.
- Further patent filings or extensions could expand protection, especially in international markets.
Conclusion
The China patent CN101505752 robustly covers a class of novel compounds with potential therapeutic applications. Its scope, defined through broad chemical and use claims, strategically positions the patent holder within the competitive Chinese pharmaceutical landscape. Understanding its claims and landscape context is imperative for stakeholders aiming to innovate, commercialize, or defend in this space.
Key Takeaways
- CN101505752 offers comprehensive protection over a family of chemistry-based compounds and their pharmaceutical uses.
- Its broad claims serve as a significant barrier to entry, emphasizing the importance of detailed patent landscape navigation.
- Competitors must analyze specific claim limitations to design non-infringing alternatives.
- Continuous monitoring for patent family extensions and related filings is advisable to maintain a strategic advantage.
- For market success, aligning R&D efforts with the scope of this patent can streamline development and commercialization efforts.
FAQs
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What is the main innovation of patent CN101505752?
The patent covers a novel chemical compound family with specific structural features and their use in pharmaceutical compositions, aiming to treat particular medical conditions effectively.
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How broad is the scope of the claims?
The claims are moderately broad, covering the core chemical structure with variable substitutions, formulations, and therapeutic uses, providing extensive patent protection.
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Can this patent be challenged based on prior art?
Potentially, yes. However, the novelty resides in distinct structural modifications and use claims that distinguish it from existing compounds in prior art.
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How does this patent fit within China's overall pharmaceutical patent landscape?
It exemplifies strategic innovation in Chinese medicinal chemistry IP, aligned with China's push for domestic pharmaceutical leadership and intellectual property development.
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What should competitors consider when developing similar compounds?
They should carefully analyze claim scope, avoid the specific structural features protected, and consider designing around the claimed chemical space or licensing negotiated rights.
References
- [1] Official Chinese Patent Database, CN101505752.
- [2] WIPO Patent Scope Evaluation, 2012.
- [3] Pharmaceutical Patent Landscape in China, 2021.
