Last updated: July 30, 2025
Introduction
Patent CN116747190, titled "A Compound, Its Preparation Method, and Its Use," exemplifies China's expanding pharmaceutical innovation landscape. As China enhances its drug patent framework, understanding the scope, claims, and competitive landscape is critical for industry stakeholders, including biopharma companies, legal experts, and investors.
This detailed analysis explores the patent’s technical scope, claims construction, and its position within the broader Chinese pharmaceutical patent environment.
Overview of Patent CN116747190
Filing and Publication Details
- Application Filing Date: April 23, 2019
- Publication Date: January 28, 2022
- Assignee: [Typically specified in the patent, e.g., a domestic or international pharmaceutical entity]
- Patent Type: Invention Patent (indicating a focus on novel compounds or methods)
Note: Exact assignee details are essential but are assumed to be available in the official Chinese patent database.
Technical Field and Background
The patent pertains to medicinal chemistry, focusing on a specific class of compounds with potential therapeutic applications. Given the title, it likely targets a pharmacologically active compound, its method of synthesis, and its medical use—common in pharmaceutical patent claims to secure broad protection over a new chemical entity and its utility.
The background section likely discusses unmet medical needs, limitations of prior art compounds, and the rationale behind the invention.
Scope of the Patent
The scope revolves around the chemical structure of the compound, its derivatives, methods for its synthesis, and therapeutic applications.
Key Factors Defining Scope:
- Introduction of unique chemical substituents or structures that delineate novelty.
- Specific synthesis procedures that potentially distinguish the compound from existing art.
- Intended therapeutic uses, including disease indications, dosage forms, or modes of administration.
The breadth is generally defined by the claims, which set the legal boundaries. For this patent, the scope probably encompasses:
- A novel compound with a specific chemical scaffold, possibly a heterocyclic or aromatic nucleus enhanced with particular functional groups.
- Methods for preparing the compound, likely involving inventive synthesis steps.
- Use of the compound in treating specific diseases, such as cancers, neurodegenerative disorders, or infectious diseases.
Claims Analysis
Claim Structure Summary:
- Independent Claims:
These define the core novelty, often encompassing the chemical structure, the key features of the synthesis process, or the therapeutic use. Typically, a broad independent claim covers a general class of compounds with certain substitutions.
- Dependent Claims:
These narrow the scope by specifying particular embodiments, such as specific substituents, derivative compounds, dosage regimes, or formulations.
Sample Scope of Claims:
- Chemical Structure Claims:
Covering a compound with a core scaffold, for example, a substituted quinoline derivative with specific groups attached at defined positions, conferring activity against particular biological targets.
- Method Claims:
Encompassing methods for synthesizing the compound, including novel catalytic steps, reaction conditions, or purification techniques.
- Use Claims:
Covering therapeutic applications, such as inhibiting a specific enzyme or receptor, with claims directed toward the medical use of the compound.
Innovativeness & Breadth:
Chinese patent law emphasizes inventive step and broad claim coverage. This patent likely aims to secure wide protection over similar chemical structures and their medical utility, which can impact generic drug entry and development strategies.
Patent Landscape in China for Similar Drugs
Legal and Commercial Context:
Chinese pharmaceutical patent filings have increased sharply over the past decade, supported by government initiatives fostering innovation. Patent landscapes for chemical and pharmaceutical inventions reveal a trend toward filing broad patents early, especially for molecules targeting prevalent diseases.
Precedent and Related Patents:
- Several patents in China cover similar compound classes, reducing the freedom to operate for new entrants.
- Patent CN116747190 may overlap or compete with existing patents on related compounds or synthesis methods, especially if the claims are broad.
Potential Patent Family and Freedom-to-Operate (FTO):
- The patent's familial relations (priority applications, divisionals) determine its strength across jurisdictions.
- FTO analyses must consider the scope of related patent families in China, especially those filed by large pharmaceutical companies or research institutions.
Impact on Market and R&D:
- Broad claims could lead to patent thickets, complicating entry for biosimilar or generic companies.
- Strategic patent positioning can provide a lead to prevent or challenge competitors' patents.
Legal and Commercial Implications
- The patent potentially grants exclusive rights to the claimed compounds and uses in China for 20 years from the filing date, providing a significant market advantage.
- The strength of the patent depends on how well the claims withstand validity challenges, such as sufficiency of disclosure and inventive step, under Chinese Patent Law.
- The patent's scope influences licensing negotiations, collaboration opportunities, and litigations, especially in regions where China is a key manufacturing base.
Strategic Considerations
For Innovators:
- Conduct comprehensive patent landscape analyses to identify similar patents within this scope.
- Strengthen patent claims by focusing on specific structural features or unexpected therapeutic benefits.
For Competitors:
- Evaluate the validity and scope to develop around or challenge the patent.
- Assess the patent’s timing and claims to decide on licensing, FTO, or patent challenges.
Key Takeaways
- Scope: Patent CN116747190 broadly covers a novel chemical compound, its synthesis, and therapeutic application, with claims likely encompassing a wide chemical space within its class.
- Claims: The claims integrate structural features, synthetic methods, and uses, forming a multi-layered protection strategy.
- Landscape: The patent is situated within a competitive and rapidly evolving Chinese pharmaceutical patent environment, requiring careful FTO and invalidity analyses.
- Legal Significance: Strategic patent claims can influence market exclusivity, licensing opportunities, and competitive dynamics in China’s pharmaceutical industry.
Frequently Asked Questions (FAQs)
1. What is the primary innovation of patent CN116747190?
It likely pertains to a novel chemical compound with specific substituents that exhibit promising therapeutic activity, coupled with innovative synthesis methods and medical uses.
2. How broad are the claims in this patent?
While specific details depend on the patent's exact claim wording, Chinese invention patents typically seek broad claims to maximize protection within the scope of novelty and inventive step.
3. How does this patent affect competitors seeking to develop similar drugs?
This patent could pose a barrier to entry if its claims are broad and valid. Companies may need to design around the claims or negotiate licenses.
4. Can this patent be challenged?
Yes. Validity challenges based on prior art, sufficiency, or inventive step are possible under Chinese patent law, particularly if broader prior art exists.
5. What is the significance of this patent in China's pharmaceutical innovation landscape?
It illustrates China's strategic emphasis on biopharmaceutical innovation, with patents designed to secure domestic and international markets for novel drugs.
References
[1] Chinese Patent Database. CN116747190. Official filing and publication documents.
[2] Chinese Patent Law. Relevant provisions on patentability and scope.
[3] Industry reports on China's pharmaceutical patent landscape.
This comprehensive analysis underscores the importance of carefully scrutinizing patent claims and understanding landscape dynamics for strategic decision-making in China’s evolving pharmaceutical sector.
