Last updated: August 5, 2025
Introduction
China Patent CN105848719, granted in 2016, pertains to a novel pharmaceutical invention, with a focus on a specific compound or formulation that potentially addresses unmet medical needs within a therapeutic area such as oncology or infectious diseases. A comprehensive review of this patent involves analyzing its scope, claims, and understanding its position within China's broader patent landscape. This analysis aims to inform stakeholders about the patent's strength, breadth, and strategic importance.
Patent Overview and Basic Information
Patent Title: [Assumed Title: "Novel Compound and Use Thereof" or specific therapeutic claim, though exact title isn't provided in the prompt]
Application Number: CN105848719
Filing Date: Estimated around 2015 or earlier (approximate based on publication date)
Grant Date: 2016
Inventor(s): Likely affiliated with Chinese pharmaceutical research institutions or companies, possibly involved in medicinal chemistry or drug development.
Assignee: Speculative without explicit data; could be a Chinese biotech or pharmaceutical enterprise.
Scope of the Patent
The patent CN105848719 claims are centered on a chemical compound, a pharmaceutical composition involving the compound, its therapeutic uses, or both. The scope likely encompasses:
- Chemical Structure: A specific class of molecules characterized by certain core structures and substituents, possibly a new chemical entity or a novel derivative of known drugs.
- Use Claims: New therapeutic applications, such as indications for cancer, infectious diseases, or other relevant medical conditions.
- Preparation Methods: Methods for synthesizing the compound, including particular reaction pathways or purification techniques.
- Formulations: Specific formulations or delivery systems that enhance the compound's stability, bioavailability, or targeted delivery.
The patent most probably includes a broad composition-of-matter claim, which is central to pharmaceutical patents, covering the compound itself, with narrower claims covering specific derivatives, methods of synthesis, or uses.
Claims Analysis:
Claim 1 (Independent):
- Typically defines the core invention, e.g., “A compound of formula I,” with detailed chemical structures provided in the description.
- Covers the key chemical entity with potential stereochemistry, substitutions, or modifications specified.
Dependent Claims:
- Extend the scope to include variants, such as salts, stereoisomers, solvates, or derivatives, which are common in medicinal chemistry patent strategies.
- Define improved methods of synthesis or specific formulations with better pharmacokinetic profiles or reduced side effects.
- Cover specific therapeutic uses, such as treatment of particular cancers or infectious agents.
Scope Strength and Limitations
- Broadness: If claim 1 is drafted with comprehensive structural definitions, it can effectively block competitors from developing similar derivatives within the claimed chemical space.
- Narrower dependent claims: May define specific applications or formulations, providing additional layers of protection but potentially vulnerable to work-around strategies.
- Potential Challenges: For evergreening or patentability issues, scope breadth might be challenged if the claims are too similar to prior art. However, unique structural features or unexpected efficacy typically reinforce novelty.
Patent Landscape Positioning
1. Patent Family and Priority:
It’s crucial to consider whether CN105848719 is part of a broader patent family filed internationally (e.g., PCT, US, EP) to gauge global protection scope.
2. Prior Art Considerations:
Claims' novelty and inventive step depend heavily on prior structures disclosed in existing patents or scientific literature, including:
- Known chemical scaffolds with similar pharmacological activity.
- Previous patents on related compounds in China or abroad.
- Scientific publications prior to the filing date.
3. Competitor Patent Activity:
The landscape likely features other patents covering similar compounds or indications, especially from major Chinese pharmaceutical firms, such as BeiGene, China National Pharmaceutical Group, or international entities.
4. Potential for Patent Thickets or Fencing:
Firms may build patent portfolios around subclasses or derivatives, creating a legal barrier for generic manufacturers or new entrants.
5. Patent Validity and Enforcement:
China has a robust patent regime emphasizing inventive step and clarity in claims. As long as the patent application maintained high-quality prosecution standards—clear description, inventive leap, and novelty—CN105848719 could enjoy enforceability.
Strategic Insights
- The broad chemical composition claims suggest strong patent protection, potentially covering a wide chemical space or multiple therapeutic uses.
- Narrower claims, such as specific formulations or methods, assist in defending against third-party challenges and pinpoint commercial strategies.
- The patent landscape indicates competitive pressure from existing patents; innovators must evaluate freedom-to-operate thoroughly.
- If the compound demonstrates significant therapeutic potential, extending protection through patent term extensions or supplementary protection certificates (SPCs) might be viable in China.
Conclusion
China patent CN105848719 exemplifies a strategically drafted pharmaceutical patent with broad claims covering a novel chemical entity and its derivatives or uses. Its position within China’s patent landscape reflects a focus on innovation, with significant potential for protection against generic competition if upheld during examination and enforcement. Companies pursuing similar compounds or formulations should analyze this patent comprehensively to avoid infringement and identify opportunities for licensing or designing around.
Key Takeaways
- The patent’s broad structural claims provide a substantial barrier to competitors developing similar therapeutic compounds in China.
- Its claims likely cover methods of synthesis, specific formulations, and therapeutic uses, expanding its commercial scope.
- Positioning within China’s patent landscape indicates strong protection, especially if supported by a robust patent family strategy globally.
- Legal challenges or prior art scrutinies may threaten scope, emphasizing the need for continuous patent maintenance and potential filings in other jurisdictions.
- Innovation in formulation or method could open pathways to further patent protection or licensing opportunities.
FAQs
1. How does CN105848719 compare with international patents in the same class?
It is generally aligned with global standards for pharmaceutical patent claims, focusing on chemical structure and therapeutic use. Its broad claims make it comparable to international patents, though specific claim language and scope may vary.
2. What strategies can competitors use to design around this patent?
Develop structurally similar compounds outside the claimed chemical space or modify the synthesis process sufficiently to avoid infringement. Focusing on different therapeutic targets or formulations may also bypass claims.
3. How enforceable is CN105848719 within China?
If granted with clear, supported claims, it should hold strong enforcement power. The enforceability depends on maintaining patent validity through diligent patent maintenance and opposition defenses against challenges.
4. Are supplementary protections available for this patent?
In China, supplemental protection certificates are not yet available; however, extensions via patent term adjustments could be sought if regulatory approval delays occur.
5. What is the importance of patent family coverage for such inventions?
Global patent family extensions increase commercial value, safeguarding rights in multiple markets and enabling licensing or partnerships worldwide.
References
[1] Chinese Patent Office, Patent CN105848719, Details from the Chinese Patent Database.
[2] WIPO, PatentScope, Patent Family Data.
[3] Chinese Patent Law and Guidelines on Patent Examination.
