Last updated: August 8, 2025
Introduction
The China patent CN102159162, titled "A new compound or composition containing tanshinone IIA and its derivatives," pertains to the pharmaceutical domain, specifically targeting novel compounds for therapeutic applications. This patent’s scope and claims, coupled with the broader patent landscape, are critical for strategic decisions in drug development, licensing, and competitive intelligence within the Chinese pharmaceutical sector.
This analysis systematically explores the patent’s claims, scope, and the landscape context, emphasizing implications for stakeholders engaging with tanshinone derivatives and related therapeutic agents.
Patent Overview
Filing & Publication Details
CN102159162 was filed on November 28, 2011 and granted in 2013, with priority claiming to a Chinese application filed earlier in 2011. As a utility patent, it provides exclusive rights over specific compounds and compositions containing tanshinone IIA derivatives.
Subject Matter
The patent focuses on novel derivatives of tanshinone IIA, a prominent bioactive compound extracted from Salvia miltiorrhiza (Danshen), recognized for cardiovascular and neuroprotective effects. It claims both the derivatives’ synthesis and their use in pharmaceutical compositions.
Scope of the Patent
1. Core Focus
The patent claims encompass a class of chemically modified tanshinone IIA compounds, notably derivatives with specific substitutions—such as amino, hydroxyl, or other functional groups—that aim to enhance pharmacological efficacy, bioavailability, or stability.
2. Claims Structure
The claims are structured into multiple categories:
- Compound Claims: Cover specific chemical structures or a genus of compounds characterized by defined structural formulas.
- Preparation Methods: Include methods for synthesizing these derivatives, emphasizing chemical reaction pathways and intermediates.
- Pharmaceutical Uses: Broader claims encompass the application of these derivatives in treating cardiovascular, neurodegenerative, or other related diseases.
3. Claim Limitations and Scope
The claims are generally narrow, focusing on derivatives with particular substituents (e.g., specific amino groups at designated positions). They also specify purity, stereochemistry, or functional activity parameters that delimit the patent’s scope.
4. Composition Claims
Includes pharmaceutical compositions containing the claimed derivatives, potentially combined with excipients or other active ingredients, for specific therapeutic indications.
5. Method Claims
Coverage extends to uses of these compounds in methods for preventing, treating, or diagnosing certain diseases, aligning with China's allowance for method-of-use claims.
Analysis of Claims
Strengths
- Specificity: The delineation of chemical structures and preparation methods offers strong protection against competitive synthesis of similar derivatives.
- Use in Therapy: Claims encompassing pharmaceutical applications preempt competitors from exploiting these derivatives for similar indications.
Limitations
- Structural Narrowness: Restricting claims to particular derivatives may invite design-around strategies by minor structural modifications.
- Method-Related Claims: These can be challenged if prior art discloses similar uses of tanshinone derivatives.
Implications
The claims effectively carve out a niche for specific tanshinone IIA derivatives, offering solid protection but requiring vigilance against potential design-arounds or prior art challenges.
Patent Landscape Context
1. Related Patent Families
In the broader universe, patents with similar scopes include those filed internationally (e.g., WO patents), as well as Chinese patents focusing on tanshinone's derivatives and applications. Notable related patents include CN107373136, which also emphasizes derivatives with enhanced bioactivity.
2. Competitive Patents
Other Chinese patents, such as CN102255674 (pertaining to tanshinone complexes), indicate active research and patenting efforts in polyphenolic compounds derived from traditional Chinese medicine.
3. Key Players & Patent Holders
The patent is assigned to Shandong Xinhua Pharmaceutical Co., Ltd., a leading Chinese firm specializing in plant-based pharmaceuticals. Their portfolio suggests a strategic push towards formulation of high potency tanshinone derivatives and associated therapeutic products.
4. Patent Filing Trends
Over the last decade, Chinese applicants have increasingly focused on the modification of natural products like tanshinone to improve pharmacological profiles, aligning with government innovation policies supporting traditional Chinese medicine modernization.
Strategic Implications
- Patent Strength: The structural specificity and therapeutic claims make CN102159162 a robust asset for its owner to protect inventive derivatives and their applications.
- Freedom to Operate (FTO): Competitors need to scrutinize the scope of this patent alongside related filings, especially those with broader claims or different modification strategies.
- Innovation Pathways: Designing derivatives outside the scope (e.g., different substitution patterns or entirely new scaffolds) may circumvent patent rights.
- Lifecycle Management: Patent expiration (typically 20 years from filing) around 2031 necessitates planning for lifecycle management, including potential continuation applications or new derivatives.
Conclusion
CN102159162 plays an integral role within China's strategic patent landscape for tanshinone IIA derivatives. Its claims effectively protect specific compounds and their therapeutic uses, fostering innovation in traditional Chinese medicine-based drug development. For pharmaceutical companies and research entities, understanding this patent’s scope informs R&D direction, licensing negotiations, and competitive positioning.
Key Takeaways
- The patent claims a targeted class of chemically modified tanshinone IIA derivatives with specific structural features and therapeutic applications.
- Its scope is precise, emphasizing structural definition and use, which supports strong protection but also invites design-around strategies.
- The patent landscape features active competition, with many filings focusing on natural product modifications for enhanced bioactivity.
- Strategic exploitation involves aligning derivative design with patent scope and continuously monitoring new filings in this space.
- Managing patent lifecycle and exploring complementary patent rights remains vital for sustained innovation advantage.
FAQs
1. What is the primary therapeutic focus of CN102159162?
It centers on derivatives of tanshinone IIA intended for cardiovascular and neuroprotective treatments, leveraging modifications to improve efficacy.
2. How broad are the patent claims surrounding the structural modifications?
Claims specify particular substitution patterns, limiting scope; broader modifications may be outside the scope, requiring detailed legal or technical review.
3. Can competitors develop similar compounds without infringing?
Yes, by designing derivatives with different structural features or synthesis pathways outside the claim scope, competitors can potentially avoid infringement.
4. How does this patent impact the development of tanshinone-based drugs?
It provides a barrier for similar compounds with identical structural features but offers opportunities for innovative derivatives outside its claims.
5. What is the strategic significance of this patent for Chinese pharmaceutical companies?
It solidifies ownership over specific tanshinone derivatives, enabling licensing, collaborations, and fostering local innovation aligned with traditional Chinese medicine modernization.
References
[1] China Patent CN102159162. "A new compound or composition containing tanshinone IIA and its derivatives."
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports on Natural Product Derivatives.
[3] Chinese Patent Office (SIPO) Patent Database. Related filings and patent families.
