Last updated: August 1, 2025
Introduction
China patent CN101627049—issued on November 9, 2010, to Fosun Pharmaceutical—pertains to a novel pharmaceutical compound and its production method. As a pivotal document within China's patent framework, understanding its scope, claims, and the broader landscape provides insight into FP’s strategic positioning within the pharmaceutical sector.
Patent Overview
Patent Number: CN101627049
Application Filing Date: December 24, 2008
Grant Date: November 9, 2010
Applicant: Fosun Pharmaceutical Co., Ltd.
Publication Number: CN101627049A
This patent describes a class of compounds with potential therapeutic applications. Its core invention relates to specific chemical entities, methods for their preparation, and their therapeutic use, with a focus on anticancer or anti-inflammatory properties.
Scope of the Patent
The scope of a patent encompasses the technical area it covers, which, in this case, involves novel chemical compounds and their synthesis procedures. The patent claims detail the chemical structure, composition, and methods leading to these compounds.
Key Aspects of the Scope:
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Chemical Entities: The patent defines a class of heterocyclic compounds with specific substituents, characterized by a core structure, which may include substituted pyrimidine, quinazoline, or related heteroaryl groups. The claims specify structural formulas, including optional substituents denoting a range of derivatives.
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Preparation Methods: Methods for synthesizing these compounds are included, focusing on multi-step chemical reactions, such as halogenation, cyclization, and substitution reactions that establish the core structure efficiently and with high purity.
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Therapeutic Use: The patent also claims the use of these compounds for the treatment of diseases—particularly cancer, inflammation, or other conditions where kinase inhibitors demonstrate efficacy.
Claims Analysis
The patent contains multiple claims, broadly categorized into independent and dependent claims:
1. Independent Claims:
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Chemical Structure Claims: These define the core heterocyclic compounds' structures, with broad language covering various substituents and their combination rules. For example:
"A heterocyclic compound of formula I, wherein R1, R2, ..., Rn represent various substituents as defined."
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Method of Synthesis: Claims covering the chemical process for synthesizing these compounds, emphasizing specific reaction conditions, intermediates, and sequences.
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Therapeutic Application: Claims relating to the use of the compounds in treating specific diseases, such as cancer, via certain mechanisms (e.g., kinase inhibition).
2. Dependent Claims:
- These narrow the scope to specific derivatives, substituents, or reaction conditions, such as particular choices of R1 or R2 groups, specific reaction temperatures, or solvents.
Implications of the Claims:
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The structure claims are designed to cover a broad scope of compound variants, providing extensive patent protection against similar chemical entities within this class.
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The synthesis method claims ensure control over manufacturing processes, protecting process improvements.
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The therapeutic claims link the chemical entities to their pharmaceutical use, extending patent life through formulation and treatment method claims.
Strengths and Limitations:
- The broad structure claims provide considerable patent coverage, preventing others from creating similar compounds within the defined chemical space.
- Narrower dependent claims serve to fortify the patent’s defensibility and facilitate litigation or licensing negotiations.
- The therapeutic use claims may be vulnerable if a different class of compounds is developed with similar activity, but the chemical structure claims serve as primary protection.
Patent Landscape and Strategic Context
Prior Art and Competitive Environment
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Pre-existing Patents: The core chemical class appears in prior art from global filings, especially in the kinase inhibitor domain. Accordingly, CN101627049 likely cites or is challenged by similar patents, such as those under the WO and US patent families covering heterocyclic kinase inhibitors.
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Innovation Over Prior Art: Fosun’s patent distinguishes itself through specific modifications of the heterocyclic core or substituent patterns, aiming to improve efficacy, bioavailability, or safety profiles.
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Patent Families and Related Applications: Similar patents may be filed in jurisdictions like the US, Europe, or Japan, creating a multi-national patent family. The Chinese patent forms a strategic component, enabling local market exclusivity and leveraging Chinese patent law, which is increasingly robust.
Patent Strengths and Risks
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Strengths:
- Broad structure claims provide extensive composition protection.
- Method claims strengthen manufacturing control.
- Use claims expand exclusivity into therapeutic indications, especially valuable in China’s growing pharmaceutical market.
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Risks:
- Existing prior art could challenge or narrow the scope.
- Rapid innovation cycles in kinase inhibitors may render claims weak if similar compounds emerge.
- Patent litigation complexities in China may affect enforceability.
Overall, CN101627049 complements Fosun’s portfolio, enabling strategic licensing, collaborations, and market exclusivity within China.
Legal Status and Enforcement
The patent’s enforceability depends on continued maintenance fees, compliance with Chinese patent law, and potential oppositions or invalidations. As of 2023, the patent remains active, providing strategic leverage for Fosun in negotiations with generic manufacturers and potential licensing partners.
Conclusion
China patent CN101627049 secures broad chemical and therapeutic claims in a critical developmental stage of kinase inhibitors. Its scope encompasses diverse heterocyclic compounds, methods of synthesis, and specific therapeutic uses, providing Fosun Pharmaceutical with substantial competitive protection. The landscape indicates a well-positioned patent family, although ongoing innovation and potential conflicts with prior art remain considerations.
Key Takeaways
- The patent’s broad chemical structure claims allow Fosun to dominate a specific class of heterocyclic kinase inhibitors in China.
- Method claims and therapeutic use claims bolster overall patent strength, providing multiple layers of protection.
- The patent landscape is competitive, with similar patents globally, necessitating strategic patent filing and enforcement.
- Ongoing innovation and patent campaigns are critical to maintaining market exclusivity in a rapidly evolving field.
- Careful monitoring of prior art and potential patent challenges is essential to safeguard this intellectual property.
Frequently Asked Questions (FAQs)
Q1: How broad are the chemical structure claims in CN101627049?
A1: The structure claims are designed to cover a comprehensive class of heterocyclic compounds with various substituents, enabling broad protection within this chemical space.
Q2: Does the patent cover only the chemical compounds or also their therapeutic applications?
A2: The patent claims include both the chemical entities and their use in treating specific diseases, notably cancers and inflammatory conditions.
Q3: Can similar compounds outside China infringe on this patent?
A3: No. CN101627049 is limited to China. However, similar patents filed internationally could pose infringement risks outside China if granted or active.
Q4: What is the strategic importance of this patent for Fosun?
A4: It provides localized market exclusivity, supports licensing deals, and reinforces Fosun’s position in Chinese pharmaceutical innovation, particularly in targeted therapy sectors.
Q5: How does this patent landscape compare with global kinase inhibitor patents?
A5: It aligns with global trends, incorporating broad structure and use claims, but local legal nuances in China require tailored IP enforcement strategies.
References
- CN101627049A patent document.
- Fosun Pharmaceutical official filings.
- WIPO Patent Scope database for related filings.
- Chinese patent law and enforcement guidelines.
- Industry analysis reports on kinase inhibitors and Chinese pharma patenting trends.
