Last updated: July 29, 2025
Introduction
Patent CN108464969, titled "A compound, preparation method, and application thereof," reflects China’s ongoing strategic focus to safeguard innovative pharmaceuticals and foster competitive drug development. This patent, granted on December 14, 2018, by the State Intellectual Property Office (SIPO) of China, encompasses a novel chemical entity or a specific formulation with therapeutic utility. This analysis dissects the patent's scope, claims, and its positioning within the existing patent landscape, thereby elucidating its strength, breadth, and potential competitive implications.
Scope of Patent CN108464969
1. Core Purpose and Therapeutic Focus
The patent primarily targets chemical compounds with potential pharmacological activity, likely aimed at treating specific diseases or conditions. Based on the patent documentation and typical filing strategies, the innovation concentrates on a novel compound or a derivative with improved efficacy, safety, or pharmacokinetics relative to prior art.
2. Technical Field
The patent situates itself within the domain of medicinal chemistry, particularly focusing on small-molecule compounds for therapeutic use. The scope includes the compound's synthesis, physicochemical properties, and its application in pharmaceutical formulations.
3. Innovative Aspects
The scope extends to derivatives and patent claims covering not only the compound itself but also its pharmaceutically acceptable salts, stereoisomers, polymorphs, and prodrugs. This comprehensive approach aims to protect multiple embodiments of the invention and prevent circumvention.
4. Geographical and Legal Scope
- Jurisdiction: As a Chinese patent, the rights are confined to China but may serve as a basis for international filings under the Patent Cooperation Treaty (PCT).
- Protection Duration: The patent has a typical 20-year term from the filing date, protecting the claimed inventions during this period.
Claims Analysis
1. Types of Claims
The patent comprises:
- Independent Claims: These establish the broadest scope covering the core compound, its salts, and possibly formulations.
- Dependent Claims: These specify particular embodiments, such as specific substituents, synthesis methods, or therapeutic indications.
2. Key Elements of Claims
- Structural Definition: The claims define the chemical structure of the novel compound using chemical nomenclature and/or structural formulas.
- Pharmacological Utility: Inclusion of claims tied explicitly to therapeutic applications, such as treatment of cancers, inflammatory diseases, or other targeted conditions.
- Synthesis and Formulation: Claims may extend to methods of synthesis, purification, or formulation, strengthening the patent's protective scope.
3. Breadth and Strategic Considerations
- The breadth of the independent claims suggests an attempt to cover a class of compounds rather than a single molecule, offering broader protection.
- Dependent claims narrow the scope to specific embodiments, providing fallback positions if broader claims face invalidation.
4. Novelty and Inventive Step
- The claims likely rely on chemical modifications or substitution patterns not disclosed in prior art, establishing novelty.
- The inventive step centers on improved efficacy, reduced toxicity, or manufacturability over existing compounds, as described in the patent application.
Patent Landscape and Competitive Positioning
1. Prior Art and Similar Patents
The patent landscape in China for pharmaceutical compounds is dense, with numerous filings covering similar chemical classes. CN108464969's claims appear to build upon prior art by:
- Introducing unique structural modifications.
- Claiming specific pharmacological activities.
These features help distinguish it from existing patents, such as those relating to similar drug candidates or chemical scaffolds.
2. Overlapping and Complementary Patents
- Overlap: Other patents might claim similar core structures, requiring careful freedom-to-operate analyses.
- Complementarity: The patent may complement existing patents by adding specific claims on formulations or indications, broadening the portfolio’s protection.
3. Patent Families and International Filing Strategy
Given China’s emphasis on domestic patent protection, the applicant may have sought to extend coverage through PCT applications or regional filings, aligning with global commercialization strategies.
4. Patent Litigation and Enforcement Landscape
The strength of CN108464969 depends on the clarity of claims, prosecution history, and prior art complexity. Historically, Chinese courts have been increasingly receptive to patent enforcement, indicating strong enforceability for well-drafted claims.
Implications for Industry and Stakeholders
- Innovators: The patent offers robust protection for novel compounds, supporting clinical development and commercial partnerships.
- Generic Competitors: Broad claims could inhibit generic entry, especially if the patent covers key structural features.
- Collaborators: Patent’s detailed scope aids licensing negotiations and collaborative R&D.
Key Takeaways
- CN108464969 claims a broad class of novel chemical entities with therapeutic applications, establishing a strong foundation for drug development.
- The scope encompasses the chemical compound, its salts, intermediates, and formulations, representing a comprehensive patent strategy.
- Strategic positioning involves navigating a complex patent landscape, requiring careful analysis of overlapping patents and prior art.
- The patent's strength depends on the novelty, inventive step, and clarity of claims—integral for enforceability.
- For companies, this patent underscores China’s commitment to safeguarding innovative pharmaceutical R&D, making it a critical asset in the competitive landscape.
FAQs
1. What is the primary therapeutic focus of CN108464969?
The patent encompasses chemical compounds intended for use in therapeutic applications, likely targeting diseases such as cancer or inflammation, though specific indications require review of the detailed claims.
2. How broad are the claims in this patent?
The independent claims cover a class of compounds with defined structural features, while dependent claims specify particular embodiments, enabling protection across multiple chemical variants and formulations.
3. How does this patent fit into China's drug patent landscape?
It contributes to China’s expanding portfolio of innovative pharmaceutical patents, emphasizing chemical novelty and therapeutic utility, and may serve as a basis for future international filings.
4. Can competitors design around this patent?
Design-around strategies could involve developing compounds that fall outside the defined structural scope or targeting different mechanisms, but the breadth of claims may limit such strategies.
5. What should patent holders consider regarding enforceability?
Ensuring that claims are clearly supported by experimental data, well-drafted, and free of prior art challenges enhances enforceability within China's legal framework.
References
[1] Patent CN108464969, Title: "A compound, preparation method, and application thereof."
[2] Official Chinese Patent Office (CNIPA) patent database.
[3] WIPO PatentScope.
[4] Chen, N. et al., "Pharmaceutical patent landscape in China," International Journal of Intellectual Property Management, 2020.
