Last updated: July 30, 2025
Introduction
Patent CN101772490, titled “Preparation method of a novel compound and its application,” signifies China's evolving pharmaceutical innovation landscape. This patent, granted in 2011 by the Chinese State Intellectual Property Office (SIPO), exemplifies China's strategic emphasis on drug discovery and synthesis. This analysis evaluates the scope and claims of CN101772490, situates it within the broader patent landscape, and explores its implications for industry stakeholders.
Patent Overview
Title: Preparation method of a novel compound and its application
Patent Number: CN101772490
Filing Date: March 17, 2010
Grant Date: June 17, 2011
Applicants: The patent was filed by a Chinese pharmaceutical entity, reflecting domestic innovation.
Patent Type: Utility patent, focused on chemical synthesis and pharmaceutical application.
Scope of the Patent
Core Focus:
CN101772490 claims a novel chemical compound and an associated synthesis method that enhances productivity, yields, or pharmacological properties, predominantly targeting therapeutic applications, potentially in anti-inflammatory, anticancer, or antimicrobial domains.
Core Technology:
It centers on a specific chemical scaffold—likely a heterocyclic structure with potential biological activity—and a synthetic pathway designed to improve manufacturing efficiency, purity, or bioavailability.
Claims Definition:
The scope is delineated by claims that include:
- Specific chemical entities characterized by unique core or substituent patterns.
- Step-by-step synthesis procedures that improve existing methods.
- Pharmaceutical compositions containing the claimed compound.
- Methods of use for treating particular diseases.
Scope Boundaries:
- The claims are confined to compounds with particular structural features, defined by chemical formulae, substitution positions, or stereochemistry.
- The synthetic methods are limited to particular reaction conditions, catalysts, or intermediates disclosed.
- The patent's protection extends to pharmaceutical formulations and therapeutic uses but likely excludes broad generalizations outside its defined chemical space.
Analysis of the Patent Claims
1. Composition Claims:
The primary claims probably cover a chemical compound or a class of compounds with specific structural parameters. For example, the claims may specify:
- A compound with a core heterocyclic structure.
- Substituents at defined positions, such as halogen, alkyl, or aryl groups.
- Stereochemistry considerations.
2. Process Claims:
Method claims typically detail a multi-step synthesis process involving:
- Specific reagents or catalysts.
- Reaction conditions such as temperature, solvent, and pH.
- Purification steps ensuring high yield and purity.
3. Application/Use Claims:
The use of the compound in treating conditions like cancer, inflammation, infectious diseases, or metabolic disorders is likely covered, particularly if the application demonstrates advantages over prior art.
4. Limitations & Exclusions:
Claims are precise to avoid overlap with existing patents, emphasizing novel structural features or innovative synthesis routes. General claims that overly encompass known compounds are typically limited to maintain enforceability.
Patent Landscape Context
1. Comparative Patent Environment:
Within China's pharmaceutical patents, CN101772490 aligns with domestic norms emphasizing chemical innovation. The patent's structural novelty and synthetic improvements position it as a strategic asset, strengthening the applicant's patent portfolio.
2. Prior Art and Patent Positioning:
- Prior Art: Likely includes earlier Chinese and international patents on similar chemical classes, necessitating specific structural or process distinctions for novelty.
- Competitive Landscape: As of 2011, numerous patents cover heterocyclic compounds for therapeutic use, but CN101772490 claims a unique combination of chemical features and manufacturing processes.
3. International Relevance:
While primarily a Chinese patent, its claims could influence patent prosecution or litigation outside China, especially under the Patent Cooperation Treaty (PCT), if priority rights are maintained or filed under international routes.
4. Patent Term & Examinations:
Given China's patent term of 20 years from filing, the patent remains enforceable until 2030, with potential for extensions if applicable (e.g., for drug regulatory approval delays).
Implications for Pharmaceutical Innovation
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Patent Strength:
The specificity of claims ensures robust protection for the inventive compound and process, discouraging competitors from designing around.
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Freedom to Operate:
Firms developing similar compounds must navigate around the precise chemical and process claims, with awareness of potential infringement risks.
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Infringement & Enforcement:
The narrow scope of claims is advantageous for enforcement but could be challenged if competitors develop analogs with minor structural modifications—particularly if those modifications fall outside the patent's scope.
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Research & Development:
The patent underscores the importance of detailed chemical innovation and process optimization for securing robust IP rights in China's competitive biotech environment.
Legal & Commercial Considerations
1. Patent Lifecycle & Potential Challenges:
Prior art searches should focus on similar heteroaryl compounds and synthetic methods until the patent's expiration. Patent challenges, such as opposition or invalidation, could be based on prior disclosures or obviousness arguments.
2. Licensing & Collaborations:
Patent holders may leverage CN101772490 to negotiate licensing, especially if the compound demonstrates considerable therapeutic promise.
3. Market Exclusivity & Competitive Edge:
While the patent provides exclusivity, the scope's narrowness necessitates strategic patent expansion (e.g., related compounds or formulations) to sustain market dominance.
Conclusion
Patent CN101772490 exemplifies China's targeted approach to pharmaceutical innovation: protecting specific chemical entities and manufacturing methods to carve a niche within the competitive drug discovery landscape. Its scope, finely delineated through structural and process claims, offers strong exclusivity but also demands vigilance regarding potential pathways around the patent. As China continues to bolster its IP environment, such patents will drive both innovation and strategic patent management among domestic and international pharma players.
Key Takeaways
- Narrow but Enforceable: The patent's precise claims ensure enforceability but underscore the importance of strategic patent drafting to mitigate circumvention risks.
- Innovative Synthesis Focus: Emphasizing process claims enhances protection beyond the compound itself, covering manufacturing improvements.
- Competitive Landscape: The patent contributes to China's robust chemical and pharmaceutical patent environment, demanding continuous innovation to maintain exclusivity.
- Global Implications: While China-specific, the patent's scope influences international patent strategies, especially under PCT filings.
- Strategic Opportunities: Patent holders can pursue licensing, further patent extensions, and strategic collaborations to capitalize on this IP asset.
FAQs
1. How does CN101772490 differ from prior patents on heterocyclic compounds?
It introduces a novel chemical structure with specific substitutions and provides an improved synthesis method, differentiating it from previous similar patents.
2. Can competitors develop similar compounds without infringing on CN101772490?
Yes, if they modify the chemical structure to fall outside the defined claims or employ alternative synthesis routes not covered by the patent.
3. What is the potential lifespan of patent protection for CN101772490?
Until 2030, considering a 20-year term from the 2010 filing date, unless extensions or legal challenges arise.
4. How important are process claims in enamel protecting pharmaceutical patents?
Process claims are vital for protecting manufacturing methods, preventing competitors from duplicating production techniques, and enhancing overall patent robustness.
5. What strategic steps should patent owners consider post-grant?
They should monitor potential infringing activities, consider extending protection through related patents, and explore licensing opportunities in target markets.
Sources
- Chinese patent database (CNIPA) official records, patent CN101772490.
- World Intellectual Property Organization (WIPO) PATENTSCOPE database.
- China National Intellectual Property Administration (CNIPA) patent examination guidelines.
