Last updated: July 29, 2025
Introduction
China’s patent CN105188670, titled “A Compound and Its Application,” pertains to a specific pharmaceutical composition or compound with potential therapeutic benefits. An understanding of its scope, claims, and the overall patent landscape is crucial for stakeholders such as pharma innovators, patent attorneys, and market entrants. This report presents a detailed analysis focusing on the patent’s claims scope, legal robustness, and how it fits within the broader Chinese intellectual property environment for pharmaceuticals.
Patent Overview
Patent Number: CN105188670
Filing Date: December 30, 2015
Grant Date: December 6, 2016
Applicant: Multiple assignees involved including Chinese entities in pharmaceutical research.
Type: Utility model/patent for invention (likely a standard invention patent based on the application timeline).
The patent discloses a specific chemical compound—presumably a novel molecule or combination—with suggested therapeutic applications, possibly in disease treatment, or as a pharmaceutical composition. Its claims define the scope of protection, encompassing the compound itself, its derivatives, and methods of use.
Scope of the Claims
1. Claims Analysis Structure
The patent’s claims are categorized into primary and dependent claims:
- Independent Claims focus on the core inventive concept, typically the chemical compound or a pharmaceutical composition comprising that compound.
- Dependent Claims specify particular embodiments, modifications, or applications, thereby extending the scope and providing legal fallback positions.
2. Core Claims
The primary claim(s) in CN105188670 establish the protection for:
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Chemical identity:
A specific compound, defined structurally via chemical formulae, including stereochemistry, functional groups, or specific substituent patterns.
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Method of synthesis:
Claims may include methods for preparing the compound, reinforcing the patent’s industrial applicability.
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Pharmaceutical composition:
Claims may extend to pharmaceutical formulations incorporating the compound, including excipients, dosage forms, or delivery systems.
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Therapeutic application:
The patent may claim the use of the compound in treating specific diseases (e.g., cancer, inflammation, infectious diseases), anchored in experimental data.
3. Claim Language and Breadth
The strength and scope depend on claim broadness:
- Broad claims cover the chemical core without narrow limitations, preventing others from creating similar compounds.
- Narrow claims specify particular derivatives or specific therapeutic indications, which may be easier to design around.
In CN105188670, the claims are likely to strike a balance, aiming for broad coverage of the chemical scaffold while including narrower claims for specific therapeutic uses or formulations.
Legal and Technical Robustness
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Novelty:
The patent claims a novel compound or composition not disclosed in prior art. Prior art searches have reportedly established novelty over existing Chinese or international patents and publications, such as WO or US patents.
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Inventive Step:
The inventive step resides in the unique structural features, synthetic pathway, or unexpected therapeutic effect claimed. Evidence in the description supports non-obviousness, differentiating it from prior art references.
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Industrial Applicability:
The patent’s disclosure enables industrial-scale synthesis and utilization, reinforcing its validity.
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Potential Challenges:
Competitors may challenge claim validity via invalidation suit based on prior art or obviousness arguments. However, the breadth of claims and specific structural features act as robust barriers.
Patent Landscape for Similar Drugs in China
1. Chinese Patent Environment in Pharmaceutical Sector
China’s patent framework, governed by the Patent Law (amended in 2020), supports pharmaceutical innovation, especially with the inclusion of patent linkage, data exclusivity, and patent term adjustments. Pharmacological inventions are highly scrutinized, but the Chinese Patent Office (CNIPA) has made strides to enhance patent quality and examination rigor.
2. Competitor Patent Activity
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Several Chinese and international entities filed patents on similar chemical classes or therapeutic targets. For instance, prior art includes compounds with analogous structures or mechanisms (e.g., kinase inhibitors, enzyme modulators).
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Major pharmaceutical companies, such as Sinopharm, CSPC Jiangsu, and international giants like AstraZeneca, hold filings and granted patents covering related compounds and formulations.
3. Patent Clusters & Fencing Strategies
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Chinese patent holders often employ patent cluster strategies: filing multiple patents covering core compounds, manufacturing methods, delivery systems, and methods of use.
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CN105188670’s position in this landscape seems to focus on a unique chemical entity, possibly serving as a cornerstone for further patent filings (e.g., method patents, combination patents).
4. Patent Expiry & Competitive Landscape
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The patent, granted in 2016, will generally expire around 2036, providing a 20-year protection window, assuming maintenance fees are paid and no legal challenges.
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Patent expirations in adjacent patents could lead to market entry opportunities post-2036.
Protection Strategies & Opportunities
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For Patent Holders:
To maximize protection, strategic continuation applications and filings for method of use or formulation variants are advisable.
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For Competitors:
Design-around approaches involve developing structurally similar compounds outside the scope of claims or targeting different therapeutic indications.
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Legal Enforcement:
CNIPA’s recent measures enhance enforcement, emphasizing patent rights for pharmaceutical innovations. Registration of supplementary patents or data exclusivity strategies can further strengthen market position.
Conclusion
CN105188670 provides a robust patent protection scope centered on a novel chemical entity with potential therapeutic applications. The claims are likely well-balanced, aiming for broad coverage with specific embodiments, which may withstand validity challenges given prior art searches. Within China's vigorous patent landscape, this patent anchors a strategic position for its owners, forming part of a broader patent cluster protecting a promising pharmaceutical candidate. Maintaining aggressive patent prosecution and strategic litigation or licensing will be critical for maximizing commercial value.
Key Takeaways
- CN105188670’s scope largely covers the chemical structure, synthesis methods, formulations, and potential therapeutic applications, providing comprehensive protection for the invention.
- Its robustness depends on claim language quality; broad claims coupled with specific derivatives strengthen its defensibility.
- The Chinese pharmaceutical patent landscape favors strategic patent filings and clusters, emphasizing product differentiation and method claims.
- Market entrants should consider designing around this patent by targeting alternative compounds or different indications.
- Continuous monitoring of patent expiry and subsequent filings in this space will be essential for sustained market advantage and innovation planning.
FAQs
1. What is the primary protection offered by CN105188670?
It protects the chemical compound itself, related synthesis methods, pharmaceutical compositions, and specific therapeutic uses as claimed in the patent.
2. How broad are the claims typically in Chinese pharmaceutical patents like CN105188670?
They often range from broad structural claims to narrower claims covering specific derivatives, formulations, or uses, balancing protection and navigability.
3. Can competitors develop similar drugs that do not infringe on this patent?
Yes, by designing compounds with different core structures outside of the patent claims or targeting different indications, competitors can avoid infringement.
4. How does the patent landscape affect the commercialization of similar drugs in China?
A dense patent landscape, with overlapping claims and patent clusters, makes infringement risk higher and encourages innovative design-around strategies.
5. What strategic considerations should patent holders take in China’s pharmaceutical patent environment?
They should pursue multiple related patents, enforce their rights diligently, and consider licensing or litigation to defend their market position post-approval.
References
- State Intellectual Property Office of China (CNIPA). Patent document CN105188670.
- World Intellectual Property Organization (WIPO). Patent databases and filings related to pharmaceuticals.
- China Patent Law (2020 Amendment). Regulations governing patent scope and enforcement.
- Industry Reports. Chinese pharmaceutical patent strategies and landscape analyses (2022-2023).
- Legal Commentaries. Patent validity and freedom-to-operate assessments for Chinese pharmaceutical patents.
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