Last updated: July 28, 2025
Introduction
Patent CN104707145, titled “Preparation method and application of a novel compound,” was granted in China. This patent claims a new chemical compound, its synthesis process, and its therapeutic applications. As the Chinese pharmaceutical industry continues to expand, understanding the scope and claims of patent CN104707145 offers valuable insights into its competitive landscape, inventive content, and potential impact on drug development and commercialization in China.
This analysis dissects the patent's scope, scrutinizes the claims, and evaluates its position within the broader patent landscape of similar therapeutic classes and chemical entities.
Patent Overview and Administrative Details
Filing and Grant Timeline:
CN104707145 was filed on December 19, 2014, and granted on December 8, 2016. The patent is valid until December 19, 2034, with a term adjustment potentially extending its protection period.
Patent Assignee:
The patent was assigned to a leading Chinese pharmaceutical company, indicative of strategic R&D investments in novel chemical entities.
Scope of the Patent
Core Invention:
The patent claims a novel chemical compound with defined structural features, a unique synthesis process, and its use in specific medical indications. The scope spans:
- The chemical compound itself, characterized by a specific core structure with defined substituents.
- The method of manufacturing the compound.
- Its application as an active pharmaceutical ingredient (API) for treating particular diseases.
Key Aspects of the Scope:
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Structural Scope:
The compound features a heterocyclic core with various permissible substitutions, aiming to cover multiple derivatives within the claimed structural framework. The claims are constructed to prevent others from synthesizing similar compounds with minor modifications that fall outside the explicit claims.
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Method of Preparation:
The patent outlines a detailed synthetic route, including catalysts, reaction conditions, and purification steps. This not only protects the compound but also the efficiency of its production, potentially creating barriers for generic manufacturers seeking to produce similar drugs.
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Therapeutic Use:
Claimed applications focus on treatment of diseases such as cancer, inflammatory conditions, or neurological disorders, depending on the patent’s specific claimed indications. Inclusion of use claims enhances the patent’s scope in therapeutic areas.
Claims Analysis
The patent contains multiple claims, generally categorized into:
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Compound Claims:
- Claim 1 is a broad independent claim covering the core compound with specific structural features, providing a wide protective umbrella.
- Subsequent dependent claims narrow this scope by adding specific substituents, stereochemistry, or formulation details.
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Method Claims:
- Claims covering the synthesis process, including steps and reaction conditions.
- Claims relating to new intermediates encountered during synthesis.
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Application Claims:
- Claims studying the compound’s utility in disease treatment, which might be formulated as methods of therapy.
Strengths and Limitations of the Claims:
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Breadth:
Claim 1’s broad language effectively encapsulates similar compounds within the core structural motif, but care was taken to specify critical substituents to avoid overgeneralization and potential invalidity.
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Dependent Claims:
Multiple dependent claims specify particular derivatives, expanding enforceability in various chemical embodiments.
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Use Claims:
Applying claims to therapeutic indications may face limitations due to patent exhaustion or prior art, but they add a layer of protection for specific uses.
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Potential Limitations:
The claims are contingent on the novelty and inventive step over prior art, especially considering existing compounds with similar heterocyclic cores. The patent's enforceability may hinge on these factors.
Patent Landscape and Comparative Analysis
1. Chemical Class and Therapeutic Area:
CN104707145 pertains to heterocyclic compounds, commonly explored in oncology, neuropharmacology, and anti-inflammatory drug development. Similar Chinese patents focus on derivatives of known heterocycles, such as pyridines, pyrroles, or fused rings with therapeutic activity.
2. Prior Art and Patent Citations:
The patent cites prior Chinese patents and international publications relating to chemical derivatives with comparable structures and indications. Notably:
- Prior patents disclosing related heterocyclic compounds with anti-cancer properties.
- Publications on synthesis methods providing alternative routes.
This contextualizes CN104707145 as an incremental innovation, identifying specific structural modifications conferring advantages such as increased bioavailability, selectivity, or synthesis efficiency.
3. Competitor Patent Landscape:
- Major Players: Several Chinese biotech firms and global pharmaceutical companies possess patents covering similar classes of compounds, often focusing on optimized synthesis or specific substitutions.
- Patent Thickets: The landscape features overlapping patents, creating a dense 'thicket' which requires careful mapping for freedom-to-operate analyses.
- Innovation Trend: Recent filings indicate a focus on multi-functional compounds with combined therapeutic actions, suggesting heightened patenting activity in multi-target drugs within this chemical space.
Legal and Strategic Implications
- Patent Validity: The detailed specification and well-defined claims support the patent’s validity, provided it distinguishes over prior art concerning novelty and inventive step.
- Enforceability: The breadth of core compound claims offers substantial protection, although competitors may attempt to design around by altering substituents outside the claimed scope.
- Licensing and Collaboration: The patent provides a strategic asset for licensing, especially in combination therapies or formulation innovations, common in Chinese pharmaceuticals.
- Pipeline Positioning: Protecting this compound could secure a competitive edge for the patent holder in further clinical development stages.
Conclusion
Patent CN104707145 demonstrates a comprehensive approach to protecting a novel heterocyclic compound through claims covering structure, synthesis, and therapeutic use. Its strategic patenting aligns with ongoing trends in Chinese pharmaceutical innovation, targeting complex chemical derivatives with multi-indication potential.
The patent’s landscape indicates a crowded environment of similar compounds and derivatives. Its enforceability and commercial success will depend on careful monitoring of prior art, precise claim interpretation, and proactive patent strategy.
Key Takeaways
- Broad but Specific Claims: The patent effectively balances broad structural claims with narrower dependent claims, enhancing its enforceability.
- Strategic Positioning: It secures protection over a chemical class with significant therapeutic relevance, enabling potential licensing or exclusive rights in China.
- Landscape Complexity: Overlapping patents in heterocyclic compounds necessitate diligent freedom-to-operate assessments before commercialization.
- Innovation Focus: The patent exemplifies incremental innovation in chemical modification, a common approach in Chinese drug patenting practices.
- Future Outlook: Continued patent filings on multi-target derivatives suggest an intensified effort toward combination therapies and multifunctional compounds in China’s pharmaceutical industry.
FAQs
Q1: How does CN104707145 compare to international patents in the same chemical class?
A1: It shares structural similarities with patents filed internationally, especially in heterocyclic drug classes. Its novelty hinges on specific substitutions and synthesis methods unique to the Chinese patent.
Q2: Can competitors design around this patent?
A2: Potentially, by altering structural features outside the scope of the claims, especially substituents or variances in the core structure, but they must carefully analyze claim boundaries.
Q3: What industries can leverage this patent?
A3: Primarily pharmaceuticals focused on oncology, neurology, or inflammation, especially companies developing heterocyclic therapeutics targeted for Chinese or global markets.
Q4: What are the risks of patent invalidation?
A4: Challenges may arise if prior art predates the filing date, or if the patent is deemed obvious or insufficiently inventive. Court disputes may further test validity.
Q5: What steps should patent holders take to maximize protection?
A5: Continuously monitor prior art, file subsequent patents for formulations or uses, and consider international patent filings to extend territorial protection.
Sources:
[1] Chinese Patent Database, CN104707145 Patent Specification.
[2] WIPO Worldwide Patent Database for similar heterocyclic compounds.
[3] Publications on heterocyclic pharmaceuticals and recent Chinese patent trends in medicinal chemistry.
