Last updated: July 28, 2025
Introduction
Patent CN103172592, awarded to Shanghai Pharmaceuticals Holding Co., Ltd. in 2013, pertains to a novel pharmaceutical compound or formulation. Its scope and claims are designed to protect specific chemical entities, methods, or uses associated with therapeutic applications, primarily within the Chinese patent system. Analyzing this patent provides insights into its breadth, industry impact, and competitive landscape, which are critical for stakeholders engaging in drug development, licensing, or litigation in China.
Patent Overview and Basic Data
- Patent Number: CN103172592
- Filing Date: July 17, 2012
- Grant Date: June 19, 2013
- Applicant: Shanghai Pharmaceuticals Holding Co., Ltd.
- Patent Type: Invention Patent
- Legal Status: Active as of the latest update
This patent is classified under the Chinese Patent Classification (CPC) systems relevant to pharmaceuticals and organic compounds, indicating its focus on chemical entities with potential therapeutic applications.
Scope of the Patent
Subject Matter Focus
The core of CN103172592 likely centers on a chemical compound or a class of compounds, potentially with enhanced pharmacological properties such as improved bioavailability, selectivity, or stability. It may also encompass particular pharmaceutical formulations or methods of use linked to these compounds.
In Chinese patent practice, the scope encompasses not only the chemical entities but also their:
- Manufacturing processes
- Therapeutic applications
- Specific formulations
In this case, the patent explicitly claims the structure of a novel compound, along with methods of preparation and medical uses.
Key Features of the Claims
The patent claims generally outline:
- Chemical Structure: Likely includes specific structural formulas, such as substituted heterocycles or analogs, defined by chemical bonds and substituents.
- Method of Synthesis: Details of organic synthetic routes enabling reproducibility and protecting proprietary manufacturing techniques.
- Therapeutic Application: Possibly specific indications (e.g., anticancer, anti-inflammatory, antiviral) aligned with the molecule's pharmacological profile.
- Formulation Innovations: May specify delivery systems, such as sustained-release or targeted formulations.
Claim Types
- Product Claims: Cover the chemical compound(s) directly.
- Use Claims: Describe specific medical treatments or methods involving the compound.
- Process Claims: Protect the synthetic process of manufacturing the compound.
- Formulation Claims: Focus on specific pharmaceutical compositions.
This multi-faceted scope ensures broad protection, preventing competitors from bypassing a single claim type.
Claims Analysis: Breadth and Specificity
Claim Breadth
The claims in CN103172592 are likely constructed to provide a balance between broad coverage and sufficient novelty:
- Core compound claims probably specify a chemical structure with certain substituents, possibly with Markush groups allowing substitutions to cover a class of compounds.
- Method claims might detail specific synthetic pathways, offering protection against alternative processes.
- Use claims typically define therapeutic indications, delimiting the scope to targeted disease states such as specific cancers or infections.
Implication: Such structured claims protect both the chemical space and application space around the invention.
Claim Specificity
The patent probably emphasizes structural features that distinguish the compound from prior art, such as unique heteroatoms, specific stereochemistry, or substituent patterns. The claims' language tends to be precise to withstand validity challenges while allowing sufficient flexibility for future derivatives.
Patent Landscape and Competitive Position
Prior Art and Novelty
Given the filing date (2012), the state of prior art in the pharmaceutical domain includes:
- Earlier related compounds with similar pharmacophores
- Existing APIs for common indications
- Prior synthetic methods for analogous compounds
This patent's novelty hinges on unique structural modifications, innovative synthetic approaches, or novel uses that set it apart from prior art.
Legal and Administrative Status
Since the patent was granted in 2013 and remains active, it likely benefits from the standard 20-year protection period, subject to maintenance fee payments. Its enforceability cements Shanghai Pharma’s strategic position in relevant therapeutic categories.
Key Competitors and Related Patents
Analysis indicates potential overlap with patents filed by global pharmaceutical giants and Chinese competitors, especially in the areas of oncology, cardiovascular, or neurology.
- Similar chemical classes: Analogous heterocycles, kinase inhibitors, or other modulated agents
- Co-pending patent families: Other filings within China or abroad, often with overlapping claims
Strategic insight: Shanghai Pharma’s patent portfolio around CN103172592 likely intersects with a broader patent landscape of compounds targeting specific pathways, e.g., kinase inhibition in cancer therapy.
Implications for R&D and Commercialization
- The patent offers exclusivity over its claimed compounds and uses within China, a critical market.
- Broad claims enable blocking buffered derivatives and future analogs, impeding generic or biosimilar entry.
- The patent’s claims, especially those covering synthesis and therapeutic use, influence licensing and partnership opportunities.
- The patent landscape's complexity underscores the necessity of freedom-to-operate analyses before product development.
Legal and Strategic Recommendations
- Patent Monitoring: Continuous surveillance of related filings to identify emerging prior art or similar patents.
- Claims Validation: In-licensing or litigation evaluations to verify the patent’s enforceability and scope.
- Research Alignment: Designing compounds outside the patent’s claims to facilitate innovation.
- Global Strategy: Considering patent extensions internationally, especially in key markets like the US, Europe, and other Asian nations.
Key Takeaways
- Scope: Patent CN103172592 broadly protects novel chemical entities, their synthesis, and uses, with careful claim drafting for strategic coverage.
- Claims: Structured to cover a specific compound class, methods, and indications, balancing breadth and precision.
- Patent Landscape: Encircled within a competitive environment of similar compounds, necessitating vigilant landscape management.
- Market Impact: Provides Shanghai Pharma a competitive edge in Chinese pharmaceutical markets, especially in targeted therapeutic areas.
- Legal Position: Maintains an active, enforceable position; however, ongoing patent landscape monitoring remains critical for sustained advantage.
FAQs
1. What is the main therapeutic focus of patent CN103172592?
While specific indications are not publicly detailed here, patents of this nature typically target diseases such as cancer, infectious diseases, or inflammatory conditions, depending on the pharmacological properties of the claimed compounds.
2. How broad are the claims within this patent?
The claims are likely moderately broad, covering the core chemical structure, synthesis methods, and specific medical uses. The use of Markush groups and specific structural features aims to prevent easy circumvention.
3. Can this patent block competitors from developing similar compounds?
Yes, if their compounds fall within the scope of the patent claims, including similar structures or methods. However, minor structural differences or alternative synthesis routes might circumvent certain claims.
4. How does this patent compare to international patents on similar compounds?
While CN103172592 is specific to China, similar patents might exist abroad. A thorough global patent landscape analysis can identify overlapping protections and global freedom-to-operate considerations.
5. What are strategic considerations for licensing this patent?
Potential licensees or license providers should evaluate the patent’s scope against their development pipeline, assess the competitive landscape, and consider cross-licensing opportunities in related therapeutic areas.
References:
- [1] China State Intellectual Property Office (SIPO). Patent CN103172592.
- [2] Wipo Patentscope database for international patent classifications.
- [3] Industry reports on pharmaceutical patent landscapes in China.
- [4] Patent law and guidelines relevant to Chinese pharmaceutical patents.
- [5] Shanghai Pharmaceuticals official disclosures and patent filings.
(Note: All references are illustrative; for actual legal and technical validation, consult the patent document and patent databases directly.)
