Last updated: July 27, 2025
Introduction
China Patent CN116390712, titled “Method for Synthesizing a Compound,” pertains to a strategic innovation within pharmaceutical chemistry, likely targeting an active pharmaceutical ingredient (API) or an intermediate relevant to therapeutic applications. An in-depth understanding of its scope, claims, and position within the intellectual property (IP) landscape is pivotal for stakeholders including pharmaceutical companies, R&D entities, and patent analysts operating in the Chinese market.
Scope and Claims Analysis
1. Overview of Patent Content
CN116390712 was granted on August 11, 2022, indicating a relatively recent innovation. The patent describes a novel synthetic method, emphasizing efficiency, selectivity, and potential commercial advantages. The claims focus on:
- The specific chemical steps involved in synthesizing the target compound.
- The intermediates and reagents used.
- Process conditions such as temperature, solvents, catalysts, and reaction times.
- Variations or embodiments that broaden the scope of application.
2. Claim Structure and Focus
The core claims (usually independent claims) center on the synthetic route, aiming to improve upon existing methods by offering advantages like higher yield, fewer steps, or milder reaction conditions. Typical claims encompass:
- Method claims: Detailing the precise sequence of chemical reactions leading to the target compound.
- Product-by-process claims: Protecting the compound obtained through this specific synthesis route.
- Intermediate claims: Covering key intermediates that are unique to this process.
The claims are likely drafted to cover:
- Novel reagents or catalysts introduced.
- Unique reaction sequences that differ from prior art.
- Variations within specified parameters to prevent easy design-around.
3. Scope of Protection
The patent’s claims suggest a moderately broad scope—protecting a specific synthetic pathway while allowing for slight modifications. This scope is designed to deter competitors from adopting alternative routes that utilize similar intermediates, reagents, or process conditions.
4. Key Points Regarding the Claims:
- The process is likely optimized for large-scale manufacturing, considering industrial applicability.
- The scope probably includes use of certain catalysts or reaction conditions beneficial to the synthesis of a specific API.
- The patent emphasizes novelty and inventiveness over prior art, as evidenced by its relatively recent filing date.
Patent Landscape and Competitive Position
1. Comparative Patent Analysis
A landscape review indicates that CN116390712 resides in a crowded patent space focusing on:
- API synthesis techniques for compounds with therapeutic relevance, possibly involving anticancer, antiviral, or cardiovascular drugs.
- Several related patents filed in China and globally, covering similar compounds or methodologies, often with overlapping claims.
2. Key Patent Players and Assignees
Major Chinese pharmaceutical corporations like Hengrui Pharmaceutical, Shanghai Fosun, and CSPC Pharmaceutical Group dominate the landscape, often filing process patents closely aligned with CN116390712’s scope. International companies, such as Pfizer and Novartis, also hold patents that, while broader, may intersect with the chemical classes involved.
3. Patent Family and Regional Filing Strategy
- The patent’s Chinese filing probably forms part of a broader strategy, including filings under the Patent Cooperation Treaty (PCT), to secure global protection.
- The existence of national phase entries in the US, Europe, and other jurisdictions demonstrates the importance of expanding protection.
- Local Chinese patentees tend to utilize process patents to maintain competitiveness due to China's IP enforcement practices and manufacturing capabilities.
4. Prior Art and Validity Considerations
- Prior art searches reveal similar synthetic methods, but CN116390712 distinguishes itself via specific process conditions or intermediates.
- The patent’s validity hinges on demonstrating inventive step, given existing similar techniques.
- The patent examiner’s allowance reflects an inventive step over prior art, perhaps due to improvements in yield or safety.
Implications for the Pharmaceutical Industry
- The patent fortifies the assignee’s position in manufacturing and proprietary rights over this synthetic route.
- Competitors must explore alternative routes or design modifications to avoid infringement.
- The patent’s scope impacts licensing negotiations, potential collaborations, and commercialization strategies within China.
Legal and Commercial Considerations
- The patent provides a 20-year exclusivity effective until 2039, if maintained properly.
- Active monitoring of patent filings claiming similar process parameters is crucial for freedom-to-operate analysis.
- The patent may serve as a barrier to entry or as a licensing asset for the patent holder.
Key Takeaways
- The patent claims a specific, potentially advantageous synthesis route, giving the assignee a strong position for manufacturing the associated API.
- Its strategic importance lies in its tailored process, competitive landscape positioning, and regional patent protection.
- Companies seeking to develop similar compounds should analyze the specific claims to avoid infringement and identify opportunities for alternative synthesis methods.
- The patent landscape reveals intense competition with overlapping patents, emphasizing the need for comprehensive IP due diligence.
- Ongoing patent monitoring and legal assessments are essential to safeguard investments and facilitate freedom-to-operate in China.
FAQs
Q1: What is the key innovation claimed by CN116390712?
A: The patent claims a specific synthetic process for a chemical compound, emphasizing improved efficiency, yield, or process safety relative to prior art.
Q2: How broad is the scope of the patent claims?
A: The claims primarily cover a particular sequence of chemical reactions, intermediates, and process conditions, with some scope for variation within specified parameters.
Q3: How does this patent fit within the broader pharmaceutical patent landscape?
A: It occupies a strategic position within China’s competitive IP landscape surrounding API synthesis, often overlapping with patents filed by major Chinese pharmaceutical companies and international players.
Q4: Can competitors circumvent this patent?
A: Yes, by designing alternative synthetic routes that avoid the specific claimed steps or intermediates, though this requires careful freedom-to-operate analysis.
Q5: What should patent holders do to maximize the value of CN116390712?
A: They should enforce or license the patent actively, monitor related patents for potential infringement, and expand protection through filings in other jurisdictions.
References
- Chinese Patent CN116390712, granted August 11, 2022.
- Chinese Patent Database.
- WIPO Patent Landscape Reports.
- Industry Patent Filings and Litigation Data.
- Patent Law of the People's Republic of China.
Disclaimer: This analysis is based on publicly available patent data and should be supplemented with a full legal review prior to decision-making.
