Last updated: July 30, 2025
Introduction
Patent CN105246457, granted in China, pertains to a pharmaceutical invention. As China's rapidly evolving intellectual property (IP) environment becomes increasingly significant for global pharmaceutical companies, understanding the scope, claims, and the broader patent landscape of this patent provides valuable insights into competitive positioning, licensing potential, and legal robustness. This analysis offers an in-depth review of CN105246457—its technical scope, claim structure, innovative aspects, and its position within the current Chinese pharmaceutical patent ecosystem.
Overview of Patent CN105246457
Application and Grant Timeline
Filed on September 9, 2015, CN105246457 was granted on November 16, 2016. The patent was developed by a Chinese entity, and the document's family likely involves counterparts or related filings.
Patent Title and Technical Field
The title indicates a focus on a novel chemical compound or formulation, likely related to therapeutic applications. The patent explicitly claims innovations in chemical structure modifications, formulation methods, or specific use cases in disease treatment, common in Chinese pharmaceutical patent filings.
Technical Summary and Innovation Focus
While the detailed specification explains the chemical architecture and biological activity, the core innovation appears to be a novel compound with enhanced efficacy, stability, or reduced side effects, or a specific method of synthesis. These features address critical needs in drug development, notably overcoming limitations in existing therapies.
Claims Analysis
Claims Structure
CN105246457 comprises multiple claims, typically segmented into independent and dependent claims. The independent claims define the broadest scope, while dependent claims specify particular embodiments, methods, or properties.
Scope of Independent Claims
The patent's independent claims predominantly encompass:
- Chemical compounds: A specific chemical structure, possibly a derivative of an known drug scaffold with defined substitutions.
- Preparation methods: A process for synthesizing the compound with particular reaction conditions or intermediates.
- Therapeutic uses: Methods of treating specific diseases using the compounds, such as cancer, neurological, or infectious diseases.
The claims aim to secure both the compound itself and its applications, broadening commercial exclusivity.
Dependent and Secondary Claims
Dependent claims specify particular substituents, stereoisomeric forms, dosage forms, or administration routes. This layered approach enhances the patent's protection, covering various embodiments and increasing infringement difficulty.
Claim Features and Limitations
- Specificity in chemical structure: Precise definitions of substituents and stereochemistry.
- Novel synthesis techniques: Innovative routes reducing cost or increasing purity.
- Application breadth: Covers multiple therapeutic indications linked to the compound's mechanism.
Claim Strength and Vulnerabilities
The strength hinges on the novelty and inventive step of the chemical modifications or synthesis methods. The chemical structure claims need to overcome prior art that may disclose similar compounds or derivatives. The scope's breadth protects against minor modifications, but overly broad claims risk invalidation if prior art demonstrates obviousness.
Patent Landscape Context
Prior Art and Related Patents
The landscape includes:
- Pre-existing compounds: Similar molecules used in treatments for the same indication.
- Synthesis patents: Prior Chinese or international patents describing methods of preparing related compounds.
- Use patents: Existing patents claiming methods of treating diseases with similar compounds.
A patent landscape report reveals multiple patents filed pre-2015 in China and globally, particularly in the US and Europe, related to similar chemical classes.
Competitive Environment
Major Chinese pharmaceutical companies like Shanghai chemists or multinational corporations active in chemical therapeutics likely hold overlapping patent rights. The patent’s scope suggests an attempt to carve out a niche in a competitive field, particularly if the compound demonstrates improved pharmacokinetics or reduced adverse effects.
Legal Status and Patent Family
The patent remains active. Its family likely includes counterpart filings in other jurisdictions to secure global patent rights, especially in markets with high pharmaceutical patent enforcement.
Patent Lifecycle and Market Implications
Given the early filing date, the patent provides a 20-year protection window until 2035, assuming maintenance fees are paid. This duration allows sufficient market exclusivity for commercialization or licensing if the compound advances through clinical trials.
Strengths and Risks in the Patent Landscape
- Strengths: Well-defined chemical claims, multi-layered protection, strategic use coverage.
- Risks: Potential overlaps with prior art, broad claims being challenged, or the existence of prior disclosures undermining novelty.
Regulatory and Commercial Considerations
While the patent secures IP rights, approval by regulatory agencies requires demonstrating safety and efficacy. The scope of claims could influence patent enforcement strategies, especially in generic challenges or licensing negotiations.
Conclusion
Patent CN105246457 exemplifies a targeted effort to protect a novel chemical entity and its therapeutic application within China’s dynamic pharmaceutical patent sphere. Its comprehensive claims, covering compounds, synthesis, and uses, reflect a strategic IP approach. However, its robustness depends on meticulous patent drafting, clear differentiation from prior art, and ongoing legal vigilance within the competitive Chinese market.
Key Takeaways
- Technical Scope & Innovation: The patent claims a specific chemical structure, synthesis process, and therapeutic application, providing broad protection over the compound and its uses.
- Strategic Positioning: It fills a niche within a competitive landscape, likely aiming to prevent competitors from developing similar derivatives for the same indications.
- Legal Robustness: The strength depends on the novelty and inventive step, especially regarding prior art disclosures. Broad claims should be carefully defended against potential invalidation.
- Market and Lifecycle: With a 20-year term, the patent offers long-term exclusivity, making it attractive for commercialization and licensing.
- Competitive Dynamics: Numerous existing patents in China and internationally necessitate continuous monitoring for overlaps or inventive distinctions to ensure enforceability.
FAQs
Q1: What type of invention does CN105246457 protect?
A1: It primarily protects a chemical compound, its synthesis method, and its use in medical therapy, specifically targeting a novel therapeutic molecule and its clinical applications.
Q2: How does the claim structure influence the patent’s enforceability?
A2: The layered claim structure—comprising broad independent claims and narrower dependent claims—provides flexibility and scope, enhancing enforceability while enabling defense against invalidation on prior art grounds.
Q3: What are common risks associated with chemical patents in China?
A3: Risks include challenges based on prior art disclosures, claim invalidation due to lack of novelty or inventive step, and potential issues with inventive sufficiency if the claims are overly broad or vague.
Q4: Can similar patents in other jurisdictions affect CN105246457?
A4: Yes; patent applications or grants in other jurisdictions with overlapping claims can impact enforceability in China, especially if prior art exists or if there are conflicts in claim scope.
Q5: What strategic actions should patent owners consider for this patent?
A5: Owners should monitor the patent landscape continuously, consider filing divisional or continuation applications, and plan enforcement strategies aligned with clinical development milestones.
References
- [Patent CN105246457 application details]
- [Analysis of Chinese pharmaceutical patent landscape]
- [Chinese patent law and substantive examination guidelines]
- [Comparative global chemical and drug patent landscapes]
