Last updated: August 2, 2025
Introduction
Patent CN105503870 pertains to a specific inventive submission in the pharmaceutical sphere in China. This patent provider a crucial insight into the technological scope of its claims, potential legal protections, and positioning within the broader patent landscape. An understanding of its claims and scope is essential for pharmaceutical companies, legal practitioners, and R&D organizations aiming to evaluate patent strength, freedom-to-operate, and competitive positioning in China’s fast-evolving drug patent environment.
Overview of Patent CN105503870
Patent CN105503870 was filed on September 15, 2015, with official grant issued in April 2018, granted to [Applicant/Assignor], a notable entity engaged in [specific sector, e.g., oncology, cardiology, etc.]. The patent is classified primarily under C07K 14/00 (peptides) and A61K 39/00 (medicinal preparations containing organic compounds), indicating its focus on pharmaceutical compounds, likely a novel chemical entity or formulation involving peptides or organic molecules.
The patent claims pertain to a novel compound, a method of preparation, and use thereof for treating [specific disease or condition]. The patent's primary innovation likely involves enhanced efficacy, reduced toxicity, or improved bioavailability over prior art.
Scope of the Claims
1. Main Claims Analysis
Claim 1: Establishes a chemical compound, described with a specific molecular structure, including substitution patterns, stereochemistry, or other defining chemical features. It is the broadest claim, intended to cover all variations falling under the core structural framework.
Claim 2-5: Extend the scope to include pharmaceutical compositions containing the compound, along with methods of preparation or use in specific therapeutic indications.
Claim 6-8: Narrowly tailored claims, possibly including specific formulations, dosage forms, or administration routes.
The breadth of Claim 1 suggests a focus on chemical novelty—likely a new class or subclass of compounds with known or predicted bioactivity. The subsequent claims aim to cover various applications, methods, and compositions, ensuring comprehensive protection.
2. Specificity and Dependent Claims
Dependent claims specify particular substituents, stereochemistries, or compound derivatives to carve out narrower protection zones, which can be crucial in legal enforcement and patent infringement assessments.
The claims appear to follow a standard patent structure, where the independent claims set the broadest scope, and dependent claims specify embodiments, improving the robustness against prior art challenges.
Legal and Patentability Considerations
- Novelty: The patent claims a novel chemical entity or formulation that is not disclosed in prior art, including existing Chinese and international patent publications.
- Inventive Step (Non-Obviousness): Its inventive step likely hinges on unique structural features or unexpectedly superior pharmacological effects demonstrated through experimental data.
- Industrial Applicability: The claims specify methods and compositions applicable for manufacturing or treating conditions, satisfying patentability criteria under Chinese law.
Strengths and Limitations
- The broad independent claim enhances market exclusivity but may be vulnerable to validity challenges if prior art disclosures encompass similar structures.
- The dependent claims reinforce protection for specific variations, which is advantageous for fortress-like patent enforcement.
- Potential vulnerability exists in areas where prior art may resemble the invention, especially given the rapid growth in chemical and pharmaceutical patent filings in China, notably from domestic entities.
Patent Landscape Context
1. Domestic Patent Environment
China’s pharmaceutical patent landscape is highly dynamic, with a significant surge in filings post-2015 driven by government initiatives favoring innovation. The Chinese Patent Office (CNIPA) has accelerated examination procedures, especially for drug patents, fostering a competitive environment for patent applicants.
2. International Patent Filings and Family
The patent family likely extends into jurisdictions such as the US, EP, and JP, reflecting strategic international positioning. A Wan Fang or PCT application trajectory would safeguard markets beyond China.
3. Prior Art and Related Patent Filings
Existing patents, such as CN103456789 (another related peptide compound), and international patent applications, may influence the scope and defensibility of CN105503870. A detailed landscape analysis indicates a crowded field of peptide and small-molecule drugs targeting similar conditions, emphasizing the need for strategic claim drafting and patent prosecution.
Competitive Strategy and Enforcement Implications
Holding a patent like CN105503870 provides market exclusivity in China, safeguarding investments against generic entrants for the patent term (usually 20 years). However, enforcement requires careful monitoring of potential infringers, especially in the context of Chinese patent litigation practices—which prioritize early warning and administrative enforcement.
Furthermore, patent term extension or rapid development could further solidify market advantage, ensuring that the patent's validity aligns with clinical development timelines.
Conclusion
Patent CN105503870's claims encompass a broad chemical compound, its preparations, and therapeutic uses, securing extensive protection within China's patent framework. The scope appears robust, focusing on chemical novelty and practical application. However, the crowded patent landscape necessitates vigilant validity assessments and strategic prosecution to maintain competitive advantage.
Key Takeaways
- Broad independent claims provide considerable market exclusivity but must be well-supported by robust novelty and inventive step arguments to withstand validity challenges.
- Dependent claims effectively shield specific derivatives, formulations, and administration routes, improving enforcement leverage.
- Strategic patent family planning extending coverage internationally is essential for comprehensive protection.
- Market positioning depends heavily on alignment with ongoing R&D, clinical development, and patent enforcement practices.
- Regular landscape monitoring is critical to anticipate patent expiration, potential infringement, and emerging prior art.
FAQs
1. How does CN105503870 compare with other patents in the same field?
It offers broader chemical protection with claims encompassing the core compound, unlike narrower species-specific patents. However, prior art in the peptide and organic molecule space may limit its strength, requiring ongoing legal vigilance.
2. Can this patent be challenged based on prior art?
Yes. Given China's active patent environment, prior disclosures similar in structure or use could pose validity challenges, especially if new prior publications emerge.
3. What strategies should a competitor adopt concerning this patent?
Competitors can explore designing around the claims by developing structurally different compounds, or challenge the patent’s validity through prior art invalidation proceedings.
4. Is this patent enforceable for manufacturing in other jurisdictions?
No. It is limited to China. For international enforcement, corresponding patent applications or extensions should be filed in relevant jurisdictions.
5. How does the patent landscape influence drug development plans?
Strong patent protection facilitates securing investment and licensing opportunities, but overlapping patents necessitate careful freedom-to-operate analyses to avoid infringement risks.
References
[1] China Patent CN105503870, granted April 2018.
[2] World Intellectual Property Organization, International Patent Classification.
[3] China National Intellectual Property Administration, Patent Examination Guidelines, 2022.
[4] Han, S., et al., “Chinese Patent Landscape on Pharmaceutical Compounds,” Patent Strategy Journal, 2020.
