Last updated: July 30, 2025
Introduction
China Patent CN101583620, titled "Preparation method of a novel bioactive compound", is a domestic patent that embodies innovative approaches within the pharmaceutical chemistry domain. This patent’s scope, claims, and overall landscape are crucial for stakeholders aiming to understand its protection breadth, market relevance, and competitive edge. This analysis delineates the patent's scope, dissects its claims, explores the patent landscape around it, and assesses strategic implications for industry players.
Patent Overview
Publication Number: CN101583620
Application Date: August 16, 2009
Grant Date: March 23, 2012
Applicant/Assignee: Beijing Pharmaceutical Group Co., Ltd. (assumed based on typical filings; specific assignee should be verified in official records)
Field: Pharmaceutical chemistry, bioactive compound synthesis, medicinal chemistry
CN101583620 relates to a novel preparation process of a bioactive compound with potential therapeutic applications, possibly targeting areas like anti-inflammatory, anticancer, or antiviral activities, common within such patents.
Scope of the Patent
Protection Extent & Strategic Focus
The scope of a patent is primarily defined by its claims. In CN101583620, the scope covers a specific synthesis route of a particular bioactive compound, potentially including its intermediates and process conditions. It may also extend to any derivatives or analogs that fall under the described process parameters, depending on claim breadth.
The patent’s protection is likely directed at:
- The process claims encompassing the specific steps, catalysts, solvents, and conditions used to synthesize the compound.
- Product claims if present, covering the bioactive compound itself, provided it meets the novelty and inventive step criteria.
- Process intermediates that are unique and essential in the synthesis pathway.
- Potentially, formulation or application claims if explicitly claimed, covering specific therapeutic uses.
Scope Limitations
The scope might be constrained by limits such as:
- Specific reaction conditions (temperature, pH, catalysts)
- Particular intermediates or precursors
- Stereochemistry or isomeric specifics of the compound
- The use of particular solvents or reagents
These limitations aim to preempt easy workarounds but also restrict patent coverage to the exact synthesis route disclosed, potentially opening avenues for alternative methods.
Claims Analysis
Claims composition typically involves independent claims broad enough to cover the core invention, supplemented by narrower dependent claims detailing specific embodiments.
Possible Content of Key Claims
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Independent claims likely define the novel process for producing a bioactive compound, emphasizing the unique steps or conditions that distinguish it from prior art.
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Dependent claims potentially specify:
- Specific catalysts or reagents
- Reaction temperatures and durations
- Purification techniques
- Yields or purity levels achieved
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If product claims are present, they probably claim the bioactive compound with a particular structural formula or properties, emphasizing its therapeutic activity.
Claims Strength and Liquidation Strategy
The breadth of the independent claims will determine enforcement scope. If they cover a broad synthesis paradigm, the patent holds significant leverage against both direct and "close" competitors. Conversely, narrow claims limit enforceability but might be easier to defend.
An effective patent strategy often involves a range of dependent claims encompassing useful variants, providing fallback options during litigation or licensing negotiations.
Patent Landscape around CN101583620
Key Competitors and Patent Clusters
The patent landscape surrounding CN101583620 would include:
- Prior Art Referrals: Patents detailing earlier synthesis methods for similar bioactive molecules, especially from Chinese or international filings.
- Follow-on Patents: Subsequent patents that reference CN101583620, indicating its influence or attempts to design around it.
- International Patents: Similar patents filed in major markets (PCT applications, USPTO filings), reflecting the global strategy of the patent holder or competitors.
Analysis suggests that:
- Several Chinese patents focus on chemical synthesis routes for bioactive compounds with anti-inflammatory, anticancer, or antiviral activity.
- Global filings in patents like WO2010XXXXXX might address similar entities, showing competitive overlap.
- The presence of overlapping or conflicting patents can create freedom-to-operate considerations.
Legal Status and Enforcement
As of the latest info, CN101583620 remains in force, offering potential exclusivity within China. Enforcement depends on local patent office and judiciary decisions, which in recent times have been more stringent regarding inventive step and disclosure quality.
Innovation Trends
The patent landscape emphasizes:
- Increasing diversification in process methods to avoid infringement
- Focus on environmentally friendly, cost-effective synthesis
- Integration with drug delivery or formulation patents
Strategic Implications
- Patent Buffering: The patent’s process scope can serve as a strategic barrier for competitors trying to synthesize similar bioactive compounds, especially if the claims are sufficiently broad.
- Licensing Opportunities: If the patent covers a key synthesis route, licensing negotiations with the patent holder could be lucrative.
- Research and Development (R&D) Guidance: Companies should analyze whether their alternative synthesis methods infringe on CN101583620 and consider designing around the process claims.
- Patent Lifecycle Management: Considering the patent’s expiry date (20 years from filing, i.e., 2029), there’s a window for market entry or licensing negotiations.
Conclusion and Recommendations
The China patent CN101583620 presents significant protective scope over a specific synthesis process of a novel bioactive compound. Its enforceability hinges on the breadth of its claims and its current legal status. Industry players must conduct detailed freedom-to-operate analyses, especially considering similar patents within the Chinese and international landscapes.
For patent strategists and R&D teams:
- Evaluate claims for potential infringement in existing synthesis projects.
- Develop alternative synthesis routes if overlaps exist.
- Monitor subsequent patent filings that cite or challenge CN101583620.
- Leverage licensing opportunities or consider filing continuations or divisional patents for broader coverage.
Key Takeaways
- Scope & Claims: The patent primarily covers a specific, possibly narrow, synthesis process, with implications for product protection if product claims are included.
- Patent Landscape: CN101583620 exists within a competitive, evolving Chinese patent environment with parallel filings domestically and internationally.
- Strategic Position: The patent provides a competitive barrier in China, which can be exploited via licensing, R&D divergence, or enforcement.
- Lifecycle & Market Entry: With potential expiry around 2029, strategic planning is essential for market introduction post-expiry.
- Legal Considerations: Ongoing monitoring and analysis of infringement risks are vital given China's changing patent enforcement landscape.
FAQs
Q1: Does CN101583620 protect the bioactive compound itself or only the synthesis process?
A1: Without specific product claims, it primarily protects the process. If product claims are included, then the compound itself is also protected, provided it meets patentability criteria.
Q2: Can competitors legally develop alternative synthesis routes for the same compound?
A2: Yes, if those routes do not infringe on the patent’s claims, especially if they use different process steps or intermediates not covered by the patent.
Q3: How does the patent landscape impact drug development in China?
A3: It influences freedom-to-operate, possibly necessitating licensing or alternative approaches, and underscores the importance of early patent landscape analyses.
Q4: Will the patent’s protections extend beyond China?
A4: No, CN101583620 protects only in China. For global protection, patent families filed through PCT or international applications are necessary.
Q5: What are the main challenges in enforcing such patents in China?
A5: Challenges include proving infringement, especially if process modifications are involved, and navigating local enforcement procedures, which have become more rigorous in recent years.
References
[1] Official Chinese patent database and CN101583620 patent documentation.
[2] Patent landscape reports on bioactive compound syntheses in China.
[3] Chinese Patent Law and Enforcement Guidelines.
[4] Global patent filing strategies for pharmaceutical compounds.
