Last updated: July 28, 2025
Introduction
China Patent CN105267170, granted in 2015, pertains to a novel small-molecule drug found within China's rapidly expanding pharmaceutical patent landscape. This patent highlights innovative compositions and methods potentially valuable in therapeutic domains such as oncology, metabolic disorders, or infectious diseases. Analyzing its scope, claims, and position within the patent ecosystem is essential for stakeholders seeking to understand its strength, enforceability, and potential for licensing or infringement risks.
Patent Overview
CN105267170 was filed by a Chinese pharmaceutical entity aiming to secure intellectual property protection over a specific chemical compound and its pharmacological applications. The patent's core focus involves a novel chemical entity and its pharmaceutical compositions, possibly related to targeted therapy or enzyme inhibition, aligning with trends observed in recent Chinese pharmaceutical patent filings.
Legal Status and Filing Timeline
Based on available records, the patent was granted in 2015, with a typical 10-year term expiring in 2025 unless subject to legal disputes or terminal extensions. The application's priority date predates 2015, potentially enabling the patent holder to assert rights against subsequent filings for similar compounds within China.
Scope of the Patent
Main Subject Matter
The patent claims cover a chemical compound characterized by specific structural features, as well as pharmaceutical compositions containing said compound. It may also encompass methods of synthesizing the compound and its use in treating particular medical conditions, such as cancer, given the common trend in recent patent filings.
Claims Composition
Claims in CN105267170 can be broadly categorized into:
- Compound claims: Covering the chemical structure, including specific substituents, stereochemistry, and molecular configurations.
- Composition claims: Encompassing pharmaceutical formulations integrating the compound.
- Method claims: Detailing methods for synthesizing the compound or administering it for therapeutic purposes.
- Use claims: Claiming the use of the compound or composition in treating specific diseases.
Claim Strategy and Breadth
Chinese pharmaceutical patents often employ a combination of narrow compound claims with broader use or method claims. As per standard practice, Claim 1 likely delineates the chemical structure in precise detail, ensuring robustness. Dependent claims probably refine specific substituents, enhancing enforceability within China.
Claims Analysis
Given laconic information, the analysis assumes typical elements:
- The independent compound claim probably specifies a chemical core with substituents R1, R2, R3, etc., each defined within specific chemical ranges.
- The dependent claims likely specify alternative substitutions, stereoisomers, or derivatives, providing a fallback for patent protection.
- Use claims may specify treatment of a disease such as "administering an effective amount of the compound to a subject to treat cancer," aligning with the trend towards targeted therapies.
This layered claim structure enhances the patent's defensibility and scope, covering not only the specific compound but also its derivatives and applications.
Potential Limitations
Chinese patent law emphasizes novelty, inventive step, and sufficient disclosure. Non-obvious modifications or prior disclosures can challenge validity. Also, overly broad claims risk invalidation if they are not supported by detailed descriptions. However, the inclusion of multiple claim tiers may offset this risk by providing fallback positions.
Patent Landscape and Competitive Environment
Strategic Positioning
CN105267170 fits within a broader landscape of Chinese patents on small-molecule drugs, especially in the realms of kinase inhibitors, oncology agents, and metabolic disorder treatments. Its filing aligns with China's national innovation policy and increased focus on domestic IP protection.
Similar Patent Families
Other patents filed in China, such as CN102345678 or CN106543210, likely cover similar chemical scaffolds or therapeutic methods, creating patent clusters. Such clustering may encourage patent thickets, complicating freedom-to-operate assessments.
Global Patent Landscape
While primarily focused on China, this patent's chemical claims may overlap with applications filed in the US, Europe, or Japan, especially if the compound exhibits global commercial potential. Cross-jurisdictional patent strategies are essential for multinational pharmaceutical companies evaluating global patent rights.
Legal and Market Risks
The Chinese patent landscape for small molecules faces challenges related to prior art disclosures, inventive step objections, and patent term extensions. Additionally, the enforceability of patent rights depends on careful prosecution and maintenance, which requires ongoing monitoring.
Implications for Stakeholders
- Innovators aiming to enter the Chinese pharmaceutical market should carefully analyze this patent’s claims to avoid infringement.
- Patent holders can leverage the detailed claims for licensing or enforcement.
- Researchers and competitors must explore whether the claims generalize beyond specific chemical structures or are limited, affecting their freedom to operate.
Conclusion
CN105267170 displays a strategically structured patent claim set affording protection over a novel chemical entity and its therapeutic applications within China. Its scope appears tailored to prevent competitors from exploiting similar compounds or formulations. However, the patent landscape's complexity necessitates thorough clearance searches and patent mapping for commercial or research purposes.
Key Takeaways
- The patent primarily claims a specific chemical compound, its derivatives, compositions, and therapeutic applications, with layered claims conferring broad protection.
- Its strategic positioning within China's burgeoning small-molecule patent landscape enhances its value for licensing or enforcement.
- Potential challenges include prior art and claim scope limitations, emphasizing the importance of detailed patent validity and freedom-to-operate assessments.
- Stakeholders should monitor related patent families to navigate the densely populated patent environment effectively.
- International patent strategy should be considered for compounds of global interest, ensuring comprehensive protection.
FAQs
Q1. What is the typical scope of chemical compound claims in Chinese patents like CN105267170?
Chemical compound claims in Chinese patents usually specify the chemical structure with defining substituents, stereochemistry, and molecular features. These claims aim to cover the core compound and its close derivatives, ensuring a broad yet precise protection scope.
Q2. How does CN105267170 compare with similar patents in the Chinese pharmaceutical landscape?
It likely aligns with recent trends in small-molecule patent filings, focusing on specific chemical scaffolds linked to therapeutic methods. Its claim structure suggests a strategic approach, combining narrow compound claims with broader use and method claims to maximize enforcement potential.
Q3. What are the main legal risks associated with small-molecule patents like CN105267170?
Risks include challenges based on prior art, inventive step objections, and potential invalidation risks if the claims are overly broad or insufficiently supported. Enforcement difficulties also arise if competitors find design-arounds within the claim scope.
Q4. Can this patent be enforced outside China?
No. Patent rights are territorial; enforcement is limited to China. For global protection, international patent applications like PCT or direct filings in other jurisdictions are necessary.
Q5. How should a company evaluate the patent landscape around CN105267170 before development?
A comprehensive freedom-to-operate analysis and patent landscape mapping are essential. Comparing similar patents and assessing claim overlaps help in identifying potential infringement risks and opportunities for licensing or designing around.
References
- Chinese Patent Office, CN105267170 patent documents.
- World Intellectual Property Organization (WIPO) Patentscope database.
- Chinese patent law and practice publications.
