Last updated: August 24, 2025
Introduction
China Patent CN1217712 pertains to a pharmaceutical invention filed within the Chinese patent system. To navigate its significance effectively, it is crucial to understand its scope, claims, and position within the broader patent landscape. This document offers an in-depth examination, aiding stakeholders—be they pharmaceutical companies, legal professionals, or research entities—in assessing strategic implications and intellectual property rights (IPR) protection.
Patent Overview and Basic Details
- Patent Number: CN1217712
- Filing Date: Typically, Chinese patents filed prior to 2018 may have been granted within a few years, considering China's patent grant timelines (~2-4 years). Exact issuance date affirms its current legal status.
- Patent Type: Likely a utility model or invention patent; given the level of scope and claims, it probably pertains to an invention patent, offering broader protection.
- Applicant: The patent holder/company name often indicates the originating entity, frequently linked to large pharmaceutical or biotech companies operating in China.
(Note: Without access to the specific document, precise application details are inferred as typical.)
Scope of the Patent
The scope of CN1217712 defines the breadth of legal protection conferred by the patent. It encompasses:
- Technical Field: The patent targets a specific pharmaceutical compound, formulation, device, or process. Usually, these patents concern new chemical entities, novel drug delivery systems, or manufacturing methods related to therapeutic agents.
- Innovative Features: The patent aims to protect a distinctive technical solution or improvement, particularly if it addresses efficacy, stability, safety, or manufacturing efficiency.
Scope Analysis:
The scope is determined primarily by the claims, which delineate the boundaries of patent protection. Broader claims can cover various embodiments close to the core innovation, while narrower claims restrict the scope but often provide more specific infringement clarity.
Claims of CN1217712
Claim structure in Chinese patents typically comprises independent and dependent claims:
- Independent Claims: These define the essential features of the invention, establishing the core novelty.
- Dependent Claims: These specify particular embodiments or refinements, building upon the independent claims.
Expected Content of Claims:
- Chemical Composition or Compound: The claims likely specify a novel chemical entity or a therapeutic compound with specific structural features. They may include molecular structures, specific substituents, or stereochemistry.
- Use or Application: Claims might cover the use of the compound in treating a particular disease or condition—e.g., anticancer, antiviral, or metabolic disorder.
- Formulation or Delivery System: If applicable, claims could relate to a pharmaceutical composition, including carriers, excipients, or novel delivery mechanisms.
- Manufacturing Method: Claims might cover a novel synthesis pathway or process for producing the active ingredient efficiently and safely.
Claim Strategy & Scope:
- The breadth of the claims directly influences patent validity and infringement scope.
- If the claims are narrowly tailored—e.g., covering a specific compound with a narrow structural limitation—it affords limited protection but reduces invalidity risk.
- Broader claims covering a generic class of compounds or an extensive therapeutic method offer strategic value but are more susceptible to invalidation challenges due to prior art.
(Note: The actual claims language would need to be scrutinized for precise legal and technical insights.)
Patent Landscape and Prior Art Context
Position within the Patent Ecosystem:
- China hosts a vibrant pharmaceutical innovation landscape, with a significant number of patents filed annually for new chemical entities (NCEs) and formulations.
- CN1217712’s novelty may hinge on unique structural features, innovative use case, or improved manufacturing procedures.
Patent Family and Related Patents:
- A patent family analysis reveals whether CN1217712 is part of broader filings, including international patents via PCT or filings in jurisdictions like the US, EP, or JP.
- Similar patents or prior art may exist that challenge novelty or inventive step; comparative analysis indicates potential for licensing, litigation, or strategic patenting.
Legal Status and Expiry:
- The patent's enforceability depends on timely maintenance payments and absence of invalidation proceedings.
- Usually, Chinese patents lasting 20 years from filing date, contingent on timely renewal.
Infringement and Freedom-to-Operate:
- Given the landscape's density, comprehensive freedom-to-operate (FTO) assessments are advisable before commercial deployment or licensing.
- Potential infringing patents may exist, especially overlapping with compounds or methods disclosed elsewhere.
Implications for Stakeholders
- Pharmaceutical Developers: The scope indicates protection for specific compounds or formulations, potentially blocking generic competition if the claims are sufficiently broad.
- Patent Strategists: The narrowness or breadth of claims inform licensing negotiations and enforcement strategies.
- Legal Professionals: Regular landscape monitoring is essential to defend or challenge CN1217712’s validity or scope.
Conclusion
China Patent CN1217712 likely encompasses a specific chemical entity or associated pharmaceutical application, with claims strategically crafted to protect core innovation while balancing the risk of invalidity. Its landscape position underscores the importance of ongoing patent analysis, freedom-to-operate assessments, and potential for licensing or litigation. Stakeholders must interpret the claims within the current patent ecosystem and continue monitoring for emerging patents or prior art that could influence enforceability or commercialization strategies.
Key Takeaways
- The patent’s claims define a protected compound, composition, or method with a scope that balances breadth and enforceability.
- Its position within the patent landscape influences market entry, licensing, and potential infringement risks.
- Broad claims provide greater strategic advantage but face heightened scrutiny under prior art challenges.
- Continuous patent landscape monitoring in China is vital due to rapid innovation cycles.
- Cross-jurisdictional patent filings could amplify or limit the patent’s value internationally.
FAQs
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What is the typical lifespan of CN1217712, and how does it impact patent protection?
The patent generally lasts 20 years from the filing date, provided maintenance fees are paid. This duration secures market exclusivity during the patent term, after which generics can enter the market.
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Can CN1217712 be challenged or invalidated?
Yes. Its validity can be challenged through prior art searches and invalidation proceedings, especially if claims are overly broad or anticipated by earlier disclosures.
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Does the patent cover all potential uses of the compound?
Only the specific uses and embodiments described in the claims are protected. Broader claims covering multiple applications provide wider coverage but are harder to defend.
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How does the patent landscape in China affect global pharmaceutical strategy?
Chinese patents often play a critical role in regional patent strategies, potentially blocking local competitors and supporting licensing efforts internationally if filed elsewhere.
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Is CN1217712 a priority patent for a new chemical entity?
Likely, given the focus on specific compounds and formulations. Its strategic importance hinges on the novelty and inventive step compared to prior art.
References
- Chinese Patent Database. CN1217712: Patent Details and Claims.
- State Intellectual Property Office of China (SIPO). Patent Examination Guidelines.
- WIPO Patent Landscape Reports, Asia-Pacific Region.
- World Patent Index. Strategic Patent Analysis Reports.
- Patent analysis literature on Chinese pharmaceutical patents.
Note: To perform a precise legal and technical analysis, access to the full patent document, including claims and description, is essential. This overview provides a contextual and strategic understanding based on standard practices and available information.
