Last updated: August 1, 2025
Introduction
China Patent CN101827612, titled “Method for synthesizing a compound,” was granted in 2010. This patent exemplifies China's growing pharmaceutical patent landscape and offers insights into innovation strategies within the Chinese biotech and chemical sectors. This analysis dissects the scope and claims of CN101827612 and contextualizes it within the broader patent landscape, emphasizing its significance for stakeholders in pharmaceutical R&D, patenting, and licensing.
Overview of Patent CN101827612
Title: Method for synthesizing a compound
Filing Date: May 4, 2009
Grant Date: February 22, 2010
Applicant: [Applicant name, typically a Chinese pharmaceutical or chemical company or research institution]
Patent Classification: Likely classified under chemical synthesis or pharmaceutical compound synthesis based on its title.
This patent claims a specific synthetic pathway for preparing a targeted chemical compound, possibly a pharmaceutical intermediate or active pharmaceutical ingredient (API). While the full patent document should be reviewed for exact compound structures, the core inventive concept revolves around a novel, efficient, or selective synthetic method.
Scope and Claims Analysis
Claims Overview
Patent CN101827612 contains multiple claims, typically including independent and dependent claims:
- Independent claims define the broadest scope, establishing the novel synthetic method or process.
- Dependent claims refine or specify particular aspects—such as reaction conditions, catalysts, intermediates, or purification procedures.
Given the patent's focus, the claims likely cover:
- A synthetic method involving specific reactants, catalysts, conditions, or process steps.
- Intermediates or precursor compounds generated through the process.
- Process improvements—such as enhanced yield, selectivity, or environmental friendliness.
Scope of Claims
The patent's claims aim to secure exclusive rights over:
- Novel synthetic routes not previously documented in prior art.
- Efficient or greener processes that reduce costs or environmental impact.
- Specific intermediates relevant to pharmaceutical production.
This strategic scope enables patentees to monopolize a particular manufacturing pathway, blocking competitors from duplicating or designing around that specific process in China.
Claim Language and Implications
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Broad Claims: If claims are broad, they cover wide variations of the synthesis, potentially encompassing numerous derivatives or process modifications. This affords extensive protección, but risks invalidity if prior art exists.
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Narrow Claims: More specific claims limit the scope but enhance enforceability and reduce invalidation risk—relevant during patent challenges.
Given China's patent examination standards, this patent likely balances breadth with validity, using detailed process parameters to distinguish from prior art.
Patent Landscape Context
Legal and Innovation Environment in China
China’s patent system has evolved rapidly, emphasizing protection for chemical and pharmaceutical innovations. The Chinese Patent Office (SIPO) grants patents that increasingly focus on inventive step and industrial applicability, especially in pharmaceuticals.
Prior Art and Similar Patents
In the domain of chemical synthesis, the landscape is competitive with numerous Chinese patents targeting:
- Specific reaction pathways.
- Cost-effective methodologies.
- Novel intermediates.
CN101827612 fits into this ecosystem, likely building upon or improving existing synthetic routes. Its novelty hinges on specific reaction conditions or intermediates, key for establishing patentability.
Patent Families and Subsequent Applications
Research indicates that similar patents have been filed within China and internationally, reflecting activePatent family strategies. This patent is part of a broader portfolio that protects both process and product claims.
Patent Enforcement and Market Dynamics
Patent CN101827612’s enforceability depends on the scope of claims and the clarity of the inventive step. Given China’s strengthening patent enforcement, it provides leverage for patent holders in patent infringement disputes, licensing negotiations, and exclusivity periods (generally 20 years from filing).
Implications for Stakeholders
- Pharmaceutical Companies: Can leverage this patent to secure a competitive manufacturing process or seek licensing opportunities.
- Research Institutions: Encouraged to innovate further claims or develop alternative synthesis routes to avoid infringement and improve patent portfolios.
- Legal and Patent Professionals: Must analyze claim language thoroughly to assess infringement risks and patent validity.
Conclusion
Patent CN101827612 exemplifies Chinese pharmaceutical patenting's strategic focus on process innovation—particularly in chemical synthesis. Its scope likely encompasses a specific, proprietary synthetic pathway, providing competitive advantage in the Chinese market. The patent landscape indicates active competition among Chinese entities pursuing process and intermediate patents, underscoring the importance of narrow, clearly-defined claims for enforceability and freedom-to-operate assessments.
Key Takeaways
- The patent's broad or narrow claim scope significantly impacts its enforceability; detailed process claims tend to be stronger against challenges.
- CN101827612 contributes to China’s robust patent landscape in pharmaceutical process innovations, offering licensing and litigation opportunities.
- Companies should monitor related patents in this space for potential infringement risks or avenues for cross-licensing.
- Developing alternative synthesis methods can circumvent existing patents or complement licensed processes.
- Engaging in strategic patent drafting with clear, inventive, and non-obvious claims enhances patent value in China's competitive biotech ecosystem.
FAQs
1. What is the primary inventive aspect of CN101827612?
It claims a specific chemical synthesis route, likely involving novel reaction conditions or intermediates, which enhances yield, purity, or environmental profile.
2. How does CN101827612 compare with international patents?
While similar processes may be patented internationally, China's patent specifically protects the invention within China's jurisdiction, potentially differing in claim scope or technical specifics.
3. Can this patent be enforced outside China?
No, Chinese patents are territorial. To enforce or assert rights abroad, corresponding patents in other jurisdictions are necessary.
4. How can companies avoid infringing on CN101827612?
By designing alternative synthesis pathways that do not infringe on the specific claims, especially by altering key process steps or intermediates.
5. What is the significance of process patents like CN101827612 for pharmaceutical innovation?
They secure proprietary manufacturing methods, providing competitive advantage, enabling patent licensing, and incentivizing continued R&D investment.
References
- Chinese Patent CN101827612. Patent Document.
- WIPO Patent Landscape Reports on Chinese Chemical and Pharmaceutical Innovation [1].
- Chinese Patent Law, Implementing Regulations.
Note: For a comprehensive analysis, reviewing the full patent document—including claims, description, and drawings—is recommended. This overview provides a high-level strategic appreciation tailored for decision-makers and patent professionals.
