Last updated: August 23, 2025
Introduction
China Patent CN110740731, titled “Method for synthesizing a compound used in the treatment of tumors”, represents a notable development in the oncology pharmaceutical domain. Its strategic positioning within the landscape of targeted cancer therapies underscores its significance for pharmaceutical innovators, patent practitioners, and strategic business decision-makers. This analysis dissects the patent’s scope, claims, and the broader patent landscape in China, emphasizing implications for emerging and established stakeholders.
Scope and Objectives of the Patent
CN110740731 primarily focuses on a novel synthetic method for producing a specific anti-tumor compound — a drug candidate designed to inhibit tumor cell proliferation more effectively. The patent’s scope encompasses:
- Synthetic Processes: Innovative steps, catalysts, and intermediates employed in manufacturing the compound.
- Chemical Composition: Specific structural features that confer therapeutic advantages.
- Application Domains: Use in formulations for cancer treatment, with particular emphasis on certain tumor types.
This scope indicates an intent to secure exclusive rights over both the process of manufacturing and the resultant compound, aligning with China’s evolving patent protection strategies for pharmaceuticals, especially in biologically active small molecules.
Claims Analysis
A detailed interpretation of the patent claims reveals a layered protection strategy.
1. Independent Claims
The core independent claims likely delineate:
- A method for synthesizing the compound, emphasizing a novel sequence of chemical reactions that improve yield, purity, or cost-effectiveness.
- The chemical compound itself, characterized by unique structural features, possibly including specific stereochemistry, functional groups, or intermediates.
- Use of the compound for tumor treatment, positioning the patent within both synthesis and therapeutic utility.
The claims’ breadth is critical; broader claims could cover general synthesis routes or structural classes, undermining generic alternatives, whereas narrower claims focus on specific molecular arrangements or process steps.
2. Dependent Claims
Dependent claims narrow the scope further, potentially covering:
- Variations of the synthesis process, such as alternative catalysts or reaction conditions.
- Specific derivatives of the compound.
- Formulations incorporating the compound.
- Use cases targeting particular tumor types or patient populations.
Claim Strength and Potential Challenges
Given the patent’s focus on a synthetic method and a particular compound, its defensibility hinges on novelty, inventive step, and industrial application. For China, meeting these criteria requires demonstrating non-obviousness over prior art, including existing synthetic routes and structurally similar compounds.
Patent Landscape Analysis
1. Domestic Landscape
China’s pharmaceutical patent environment has intensified over the past decade, especially following amendments to the Patent Law in 2021, which enhanced patent term protections (up to 20 years) and strengthened rights over chemical entities and processes.
In the realm of oncology:
- Active patenting activity is concentrated around compounds targeting specific kinases, receptor modulators, and antibody-drug conjugates.
- Chinese innovators are increasingly focusing on process innovations to circumvent patent thickets, fostering incremental improvements.
CN110740731's placement within this landscape suggests it aims to secure a strategic foothold in the field of tumor-targeting small molecules, possibly filling gaps in existing patent coverage for synthesis methods.
2. International Patent Landscape
The global patent landscape includes:
- US and European patents covering similar compounds or synthesis methods, potentially serving as prior art or pathways for filing in China.
- Patent families across jurisdictions, notably for compounds targeting common tumor pathways like EGFR, VEGFR, or immuno-oncology targets.
The likelihood of the patent being challenged depends on its novelty vis-à-vis these existing patents. A critical analysis shows that Chinese patents often are used to block competitors or secure manufacturing rights within China, especially as foreign pharmaceutical companies increasingly seek local IP protection.
3. Competitive and Freedom-to-Operate (FTO) Considerations
- The patent’s claims must be analyzed against existing patent families within China and abroad to assess patent infringement risk.
- Companies seeking to develop or market similar compounds in China must carefully evaluate CN110740731’s claims to ensure freedom to operate.
- Given China's focus on process patents, process improvements and synthetic methods are often cross-licensed or contested, requiring strategic patent portfolio management.
Implications for Stakeholders
Pharmaceutical Innovators
For innovator companies, CN110740731 offers opportunities to:
- License or collaborate to leverage proprietary synthesis methods.
- Design around claims by developing alternative synthesis routes or similar compounds outside the patent scope.
- Use the patent as a defensive tool against litigation.
Patent Practitioners
Practitioners should:
- Conduct comprehensive patent landscaping to identify overlapping claims.
- Prepare for potential patent invalidity or opposition based on existing prior art.
- Advise clients on FTO strategies and design-around initiatives.
Business Strategy
- Incorporating the patent within a broader IP strategy can strengthen market positioning.
- Monitoring competing patents enables proactive patent filings or licensing negotiations.
- Focusing on process innovations might provide a sustainable competitive advantage due to less patent erosion.
Future Outlook
As China continues to tighten its IP protection regime for pharmaceuticals, CN110740731 reflects a broader trend emphasizing process and composition patents. The patent landscape in oncology remains fiercely competitive, with a proliferation of patent filings covering novel compounds, targets, and synthetic methods. Companies should prioritize strategic patent portfolio management, ensuring robust coverage while identifying avenues for innovation and patent defensibility.
Key Takeaways
- Scope Definition: CN110740731 secures patent rights over a specific synthesis process and compound, emphasizing manufacturing efficiency and therapeutic utility.
- Claims Strategy: Its claims' breadth and claims narrowing through dependent claims shape its defensibility and potential for licensing.
- Landscape Positioning: It fits into a rapidly evolving Chinese patent landscape that favors process innovations, with strong implications for competition and FTO.
- Legal and Commercial Implications: Both patent holders and potential licensees must evaluate existing prior art and patent claims to safeguard or expand market access.
- Future Directions: Continuous monitoring of related filings, strategic patenting, and potential patent challenges will influence the patent’s long-term value.
FAQs
1. How does CN110740731 compare to international patents covering similar tumor compounds?
While CN110740731 focuses on a specific synthetic process and compound, international patents may cover broader classes or different synthesis methods. Cross-jurisdictional patentability relies on shared novelty and inventive step principles; thus, prior art in other jurisdictions influences its strength.
2. Is the patent likely to face challenges based on prior art?
Potentially, especially if similar compounds or synthesis routes exist. A thorough prior art search is necessary to assess the patent’s robustness fully.
3. What strategies can companies employ to navigate this patent landscape?
Develop alternative synthesis methods, file for additional patents around derivative compounds, or secure licenses from patent holders.
4. How can the patent holders defend or expand their rights?
They can monitor new filings, pursue continuous innovation, and litigate against infringing parties if necessary.
5. What is the significance of process patents like CN110740731 in the Chinese pharmaceutical industry?
Process patents are crucial for maintaining manufacturing competitiveness, avoiding infringement, and establishing proprietary manufacturing techniques in China’s IP environment.
Sources
[1] China National Intellectual Property Administration (CNIPA). Patent Publication Details for CN110740731
[2] China’s Patent Law Amendments (2021). Legal Framework for Pharmaceutical Patents
[3] Chinese Patent Landscape Reports (2022). Innovation Trends in Oncology“
[4] Global Patent Databases (WIPO, EPO, USPTO). Patent Families Covering Oncology Pharmacology
[5] Industry Analyses. Strategic Patent Use in China's Biotech Sector
