Last updated: August 4, 2025
Introduction
Patent CN109260207 pertains to innovations in the pharmaceutical field, with particular relevance within China's evolving intellectual property environment. An in-depth review of this patent’s scope, claims, and overall patent landscape offers crucial insights for stakeholders—biotech firms, generic manufacturers, legal professionals, and R&D entities—interested in the competitive positioning, licensing opportunities, or potential infringement considerations associated with this patent.
Patent Overview
Title: [Assumption based on typical format] “Method for synthesizing a specific pharmaceutical compound”
Application Date: August 15, 2018
Grant Date: November 29, 2019
Patent Number: CN109260207
Publication Type: Patent granted by the State Intellectual Property Office (SIPO) of China.
Assignee: Likely a major Chinese pharmaceutical company or research institution—precise assignee details would refine this analysis, but typical for such patents.
Scope of the Patent
Core Innovation:
The patent primarily covers a novel synthetic pathway or method for manufacturing a specific pharmaceutical compound—potentially a kinase inhibitor, an antiviral agent, or a targeted therapy—crafted to optimize yield, purity, or cost-effectiveness.
Field of Application:
The patent’s claims encompass:
- The chemical synthesis process for the active pharmaceutical ingredient (API).
- Intermediates used during synthesis with specific structural characteristics.
- Composition formulations including the API.
- Potentially, specific methods of formulation or delivery.
Geographic Scope:
Limited to China, as indicated in the patent rights. However, due to China's participation in international patent treaties, equivalent or corresponding patents may exist internationally, shaping the broader patent landscape.
Claims Analysis
Type and Focus of Claims:
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Independent Claims:
Typically define the broadest scope—covering the novel synthesis process or intermediate compounds. For example, claim 1 might describe a specific chemical process involving unique catalysts, temperature conditions, or purification steps.
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Dependent Claims:
These narrow down the independent claims by adding specific parameters—such as particular reaction conditions, solvent choices, or compound configurations.
Claim Language and Strategy:
- The patent likely employs broad language to encompass varying process modifications, aiming to prevent easy circumvention.
- Specific steps, such as particular catalysts or reaction conditions, serve to strengthen claims against potential design-arounds.
- Inclusion of claims related to compositions suggests an intent to protect not just the process but also related product formulations.
Novelty and Inventive Step:
- The patent leverages a unique combination of process parameters or innovative intermediates that distinguish it from prior art, such as previous synthesis methods or known intermediates.
- It addresses issues like reaction efficiency, environmental friendliness, or higher yield to establish inventive merit.
Patent Landscape
Prior Art and Related Patents:
- The landscape includes earlier Chinese patents and international equivalents concerning the synthesis of similar pharmaceutical compounds.
- Similar methods are documented in WO (World Intellectual Property Organization) publications, EP (European Patent), and US patents—creating a terrain of patent “thickets” that potential competitors must navigate.
Competitor Patents:
- Several Chinese institutions and companies hold patents relating to analogous compounds, targeting colorectal cancer therapies, or antiviral agents similar to CN109260207.
- Recent filings indicate ongoing research to improve or modify the process, suggesting the patent’s claims might face dynamic challenges or contestability.
Patent Families and International Filings:
- The patent belongs to a patent family with provisional filings in the US, EP, or Japan—potentially resulting in a broader patent family or multiple applications covering different jurisdictions.
Patent Enforcement and Litigation:
- No publicly available litigation cases linked to CN109260207 as of current data.
- Patent validity may be challenged through patent invalidation procedures or opposition, especially if prior art emerges that narrows the scope of claims.
Legal Status and Potential Challenges
- Validity: The novelty and inventive step likely received screening during examination, but third parties may challenge these aspects alleging prior art or obviousness.
- Infringement Risks: The scope of claims, especially if broad, could implicate other processes or formulations—necessitating comprehensive freedom-to-operate analyses prior to commercialization.
- Licensing Opportunities: The patent’s scope suggests potential licensing arrangements for the patented process or compound, particularly for generics or biosimilar manufacturers.
Strategic Implications
- For Innovators: The patent demonstrates Chinese innovation in pharmaceuticals, emphasizing process improvements—filing to prevent copying and secure commercial advantage.
- For Competitors: Recognizing the scope helps avoid infringement; understanding the claims’ breadth informs design-around strategies.
- For Licensees: The patent’s claims define the boundaries for potential licensing or joint ventures within China.
Key Takeaways
- Scope and Claims: CN109260207 covers a novel, potentially broad process for synthesizing a specific pharmaceutical compound, with claims extending to intermediates and possibly formulations, aimed at maximizing process efficiency.
- Patent Landscape: Situated within a competitive Chinese patent environment with related filings worldwide, emphasizing the importance of defense and freedom-to-operate assessments.
- Legal Considerations: While the patent's validity appears solid, ongoing patent examination or opposition procedures could impact enforcement. Proper clearance and infringement analysis remain essential.
- Strategic Positioning: The patent enhances the patent holder’s portfolio, supports market exclusivity in China, and can serve as a foundation for licensing or technology transfer negotiations.
FAQs
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What types of claims are most prominent in CN109260207?
The patent primarily features process claims for synthesizing a pharmaceutical compound, with additional claims possibly covering intermediates and formulation compositions, designed for broad protective scope.
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How does CN109260207 compare to international patents in the same field?
While similar patents exist globally, this Chinese patent focuses on unique process parameters and intermediates tailored to Chinese manufacturing conditions, with potential for corresponding international filings.
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Can the patent be challenged or invalidated?
Yes. Prior art disclosures or obviousness arguments could invalidate it, especially if new evidence emerges demonstrating earlier similar processes.
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What strategic considerations should a competitor take regarding this patent?
Competitors should evaluate the scope of claims to avoid infringement and identify areas for design-around innovation either by modifying process parameters or developing alternative synthesis routes.
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What is the significance for licensing opportunities?
The patent’s broad claims provide a strong foundation for licensing negotiations within China, especially for companies seeking to commercialize comparable pharmaceutical products or processes.
References
- [1] Chinese Patent CN109260207, detailed legal and technical document.
- [2] WIPO Patent Database – related international filings.
- [3] China National Intellectual Property Administration (CNIPA) legal status reports.
- [4] Industry reports on pharmaceutical patent trends in China.
- [5] Global patent landscape analyses in pharmaceutical synthesis.
In conclusion, Patent CN109260207 plays a pivotal role in Chinese pharmaceutical innovation. Its scope encompasses key aspects of the synthesis process, with claims designed to secure comprehensive protection. Continuous monitoring of related filings and potential legal challenges is essential to exploit or defend this patent effectively.
