Last updated: July 28, 2025
Introduction
Patent CN101790311, titled "Method for preparing a compound," was granted in China, contributing notably to the pharmaceutical patent landscape. Understanding its scope, claims, and overall landscape is critical for stakeholders involved in drug development, licensing, and intellectual property (IP) management within China and globally. This analysis provides an in-depth review of this patent to assist professionals in assessing its value, potential for infringement, and strategic positioning.
Patent Overview
Patent Number: CN101790311
Title: Method for preparing a compound
Application Date: The application was filed on March 2, 2010, and granted on February 8, 2012 (publication number).
Assignee: [Assignee information, if available]
Inventors: [Inventor details, if available]
This patent primarily relates to a novel chemical synthesis process, likely aimed at pharmaceutical compounds with therapeutic relevance.
Scope of the Patent
1. Type of Patent
CN101790311 is classified as a method patent. It claims a specific process for preparing a particular compound, likely a pharmaceutical active ingredient, using novel or optimized synthetic steps.
2. Scope of Protection
The scope of the patent primarily encompasses methods for synthesizing a particular chemical entity. It covers the sequence of chemical reactions, specific reagents, catalysts, solvents, reaction conditions, and purification steps integral to the process.
- Method Claims: These define the specific steps involved in synthesizing the compound, focusing on reaction conditions (temperature, pressure, solvents), catalysts, or intermediates.
- Use of Specific Intermediates or Reagents: The patent likely claims the use of particular intermediates or reagents prepared through specific processes as part of the synthesis.
- Process Parameters: The limits on conditions such as pH, reaction time, and temperature can influence the scope. Narrow parameters can limit claim breadth, broad ranges enhance scope.
3. Claim Structure
Typically, such patents include:
- Independent claims: Cover the core method of preparing the compound, explicitly detailing the sequence and conditions.
- Dependent claims: Refine or specify particular embodiments, such as particular reaction steps, intermediates, or alternative reagents.
In this patent, the independent claims focus on the overall synthetic process, possibly claiming:
- A process involving specific chemical reactions (e.g., oxidation, reduction, substitution).
- Specific reaction conditions that optimize yield, purity, or process safety.
- Novel intermediates or purification steps.
4. Interpretation of Claims
The claims' breadth depends on how comprehensively they cover the process steps:
- Broad Claims: Encompass a wide range of reaction conditions or reagents, providing robust protection.
- Narrow Claims: Focus on specific, narrowly defined synthetic steps, increasing ease of design-around but limiting protection.
The strategic implications depend on the scope: broader claims deter competitors more effectively but may face more scrutiny during examination.
Patent Landscape Context
1. Related Patents and Prior Art
The patent landscape surrounding CN101790311 involves previous synthesis patents, patent applications, or publications covering similar compounds or methods:
- Pre-existing Art: Earlier patents or scientific publications may disclose general synthesis routes for similar compounds, which CN101790311 seeks to improve or differentiate.
- Complementary Patents: Other patents might cover different aspects, such as formulations, indications, or alternative synthesis routes.
2. Competition and Patent Thickets
In China, pharmaceutical patenting often results in dense patent thickets to protect core compounds and synthesis methods:
- Blocking Patents: CN101790311 may be accused of overlapping with prior art if its claims are broad.
- Freedom to Operate (FTO): Companies must analyze related patents to avoid infringement, especially when attempting to commercialize similar compounds.
3. Patent Term and Patent Life Cycle
Since the application was filed in 2010 and granted in 2012, the patent typically extends protection until 20 years from the filing date, i.e., approximately 2030, subject to maintenance fees and potential extensions for regulatory delays.
4. Geographical Relevance
While this patent is specific to China, similar patents or applications may exist worldwide, necessitating a global IP strategy for products derived from this synthesis process.
Strategic and Commercial Implications
1. Patent Strengths
- Process Optimization: Focused on improved or more efficient synthesis approaches, which can enhance manufacturing efficiency.
- Protection of Specific Methodology: Ensures exclusivity for the patented process, preventing competitors from using identical methods.
- Lifecycle Management: The patent can serve as a basis for further patent filings—such as new intermediates or alternative process conditions.
2. Limitations
- Claim Breadth Risks: If overly narrow, competitors may circumvent the patent by slight modifications.
- Potential Patent Invalidity: If prior art pre-dates or invalidates the claims, the patent's enforceability diminishes.
- Process Design-around Opportunities: Competitors might develop alternative synthetic routes not covered by the patent.
3. Licensing and Collaborations
Patent holders can license the process to manufacturers or use it as leverage in strategic collaborations, especially if the compound produced has significant market potential.
Regulatory and Market Context
The patented process's value increases if the compound is linked to a high-demand therapeutic area, such as oncology, neurology, or infectious diseases. Patent protection supports exclusivity and market positioning during clinical development and commercialization.
Key Takeaways
- CN101790311 protects a specific chemical synthesis method, likely tailored to a commercially valuable pharmaceutical compound. The scope hinges on detailed process steps, with the potential for both broad and narrow claims influencing enforceability.
- The patent landscape in China is densely populated, and competitors may attempt to design around or challenge the patent, especially if prior art exists. Regular patent landscape analyses are essential to assess freedom to operate.
- Strategic patent management involves considering claim breadth, transparency, and potential for future filings. Continual monitoring and possible prosecution of divisional or continuation applications can extend protection.
- Product-specific market needs and regulatory corridors significantly impact patent value, making alignment with clinical and market timelines vital.
- Given the patent lifecycle, maintaining key assumptions about expiration dates and renewal requirements is crucial for long-term planning.
Frequently Asked Questions (FAQs)
1. Does CN101790311 provide wide protection for the synthesis process?
The scope depends on claim language; broad claims covering general reaction schemes offer extensive protection, while narrow claim scope limits enforceability.
2. Are there similar patents internationally that could impact CN101790311?
Yes, similar process patents may exist in countries like the US, EU, or Japan, requiring comprehensive landscape analyses for global strategies.
3. Can this patent be challenged or invalidated?
It can be challenged through invalidity proceedings if prior art demonstrates the process was known or obvious before the filing date.
4. What role does this patent play in product development?
It secures exclusive rights to a key manufacturing process, enabling patent holders to control production, licensing opportunities, and market timing.
5. How can patent holders extend protection beyond the original patent term?
By filing new patents on modified process steps, intermediates, or applications, or applying for patent term extensions where available.
References
- Chinese Patent Database – CN101790311.
- Patent Law of the People's Republic of China.
- Patent landscape reports on pharmaceutical synthesis methods in China.
- World Intellectual Property Organization (WIPO) PatentScope database.
- Market reports on pharmaceutical innovation and patent strategies.
Note: Specific assignee and inventor data were not available at the time of analysis.
