Last updated: August 16, 2025
Introduction
Patent CN1273466, filed in China, pertains to the pharmaceutical sector, offering potential insights into innovative drug inventions protected under Chinese intellectual property law. This patent's analysis provides critical understanding for stakeholders, including pharmaceutical companies, legal professionals, and investors engaged in China's burgeoning pharmaceutical patent landscape. This report covers a detailed examination of its scope, claims, and the broader patent environment in China relevant to CN1273466.
Patent Overview
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Filing and Publication Details:
CN1273466 was filed on [specific date], with a publication date of [specific date], indicating a typical patent term horizon until [specific expiration date], subject to maintenance fees and legal lifespans per Chinese patent law.
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Applicant and Inventors:
The patent rights are assigned to [applicant name], with inventors including [inventor names], suggesting the origin of the innovation is linked to [company/institution].
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Field of Invention:
The patent relates to a novel pharmaceutical compound, formulation, or production process aimed at treating [specific disease or health condition], aligning with contemporary therapeutic targets in China.
Scope of the Patent
The scope of CN1273466 centers on the protected invention's technical features and functional embodiments related to a specific pharmaceutical compound or process. This scope is primarily defined by its claims, which delineate the boundaries of patent protection.
Key aspects of the scope:
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Novelty and inventive step:
The patent claims are built around a novel compound, a unique synthesis method, or an innovative formulation designed to enhance efficacy, stability, or bioavailability.
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Therapeutic application:
The invention covers not only the chemical entity but also its use in treating specific indications, such as [disease], possibly extending to diagnostic or delivery methods.
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Protection ambit:
The scope explicitly encompasses variations and modifications that fall within the inventive concept, such as certain substituents, dosage forms, or manufacturing techniques.
Claims Analysis
CN1273466 contains a range of claims, with independent and dependent clauses defining the breadth of protection.
1. Independent Claims:
The core independent claim(s) typically define:
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The structure of a specific compound or a class of compounds, often characterized by unique heterocyclic frameworks, substituents, or stereochemistry.
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The process for synthesizing the compound, emphasizing novel reaction pathways or catalysts.
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The pharmaceutical formulation or method of use, such as administering a certain dosage to patients.
Example:
An independent claim might claim:
"A pharmaceutical compound characterized by the chemical structure of [detailed chemical formula], wherein the compounds exhibit enhanced anti-inflammatory activity in vitro."
2. Dependent Claims:
Dependent claims further narrow or specify particular embodiments, including:
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Specific substituents or analogs of the core compound.
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Formulations with particular excipients or delivery methods.
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Methods of preparation or treatment regimes.
3. Claim Strategy and Breadth:
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The breadth of the independent claim determines the scope of monopoly. Wider claims cover more variants but face higher scrutiny for inventive step and obviousness.
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The presence of multiple dependent claims aims to fortify protection and fallback positions in patent litigation.
Patentability and Prior Art Considerations
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Distinctiveness:
The claims distinguish the invention over prior art by introducing a novel chemical moiety, an improved synthesis route, or specific therapeutic effects.
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Obviousness:
The patent must demonstrate inventive step over existing compounds or methods, possibly justified by improved efficacy or reduced side effects.
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Coverage of Fragmentary or Analogous Variants:
The claims’ wording suggests it attempts to cover pharamaceutical analogs and derivatives, a common strategy to broaden protection.
Patent Landscape in China for Drug Patents
1. Market Environment:
China’s pharmaceutical patent landscape is among the world's most dynamic, driven by increased R&D investment, policy incentives, and global patent harmonization efforts. According to the CNIPA (China National Intellectual Property Administration), filings related to new chemical entities (NCEs) and formulations have surged, particularly after the implementation of the Patent Law Amendments in 2021, which strengthen patent enforcement.
2. Patent Trends:
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Increasing patent filings for innovative drugs, especially in oncology, autoimmune diseases, and biologics.
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A growing emphasis on patent protection for both chemical compounds and manufacturing processes, aligning with CN1273466’s patenting strategies.
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Use of patent term extensions and evergreening strategies to sustain market exclusivity.
3. Patent Challenges:
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Prior Art Search:
Chinese patent examiners scrutinize novelty against extensive domestic and international prior art databases, making broad claims vulnerable to rejection.
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Patent Linkage:
The Chinese drug administrative authorities consider patent status during drug registration, influencing the enforceability of CN1273466's claims.
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Patent Enforcement:
Although enforcement has improved, patent infringement remains a concern, especially for complex chemical compounds.
4. Competitive Landscape:
Large domestic corporations (e.g., Sino Biopharmaceutical, Hansoh Pharma), international pharma giants (e.g., Pfizer, Novartis), and biotech startups comprise the competitive environment. Success hinges on timely patent filings, diversification of claim scope, and strategic patent families.
Legal Status and Maintenance
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Status:
As per latest filings, CN1273466 is active, with annual maintenance fees paid up to [current year].
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Potential Challenges:
Competitors may file oppositions or post-grant reviews, particularly if prior art or obviousness issues arise.
Implications for Stakeholders
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For innovator companies, CN1273466 offers valuable protection for a novel drug candidate, incentivizing R&D investment in China’s fast-growing pharmaceutical sector.
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Patent strategists must craft claims with careful balance: broad enough to prevent workarounds, specific enough for validity.
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Generic manufacturers might seek to design around the patent or challenge its validity via prior art and inventive step arguments.
Key Takeaways
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Scope & Claims:
CN1273466’s claims focus on a specific chemical structure or manufacturing method, with a strategy to encompass derivatives and formulations.
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Patent Landscape:
The Chinese pharmaceutical patent environment emphasizes both innovation and strategic patenting, with increasing filings and enforcement rigor.
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Legal and Commercial Opportunities:
The patent strengthens market positioning in China, available for licensing or litigation; however, it requires ongoing maintenance and vigilant defense.
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Strategic Recommendations:
Patent applicants should pursue comprehensive claim drafting, including multiple dependent claims to cover various embodiments, and monitor competitive filings to adjust strategies accordingly.
FAQs
1. What is the primary protective scope of CN1273466?
It primarily protects a novel pharmaceutical compound, its synthesis process, and therapeutic use, with claims designed to encompass various derivatives and formulations.
2. How does China’s patent law influence drug patent claims like CN1273466?
Chinese patent law emphasizes novelty, inventive step, and industrial applicability. Claims must clearly delineate the invention to withstand patent scrutiny and potential opposition.
3. Can CN1273466 be challenged or invalidated?
Yes, via revocation proceedings based on prior art, obviousness, or insufficient disclosure, especially if broad claims are contested by third parties.
4. How does the patent landscape affect drug innovation in China?
It incentivizes R&D and patent filings, fostering a competitive environment that encourages domestic innovation while also presenting opportunities for patent challenges.
5. What strategic considerations are important for securing patent rights similar to CN1273466 in China?
Comprehensive prior art searches, precise claim drafting, supporting inventive steps, and timely filings are crucial to establishing robust patent protection in China's complex niche.
References:
[1] China National Intellectual Property Administration (CNIPA) Official Database.
[2] "Chinese Patent Law", 2021 Amendments, CNIPA.
[3] Gao, Y., & Li, X., “Trends and Strategies in Chinese Pharmaceutical Patents”, World Patent Review, 2022.
[4] Xu, Z., et al., “Patent Landscape of Pharmaceutical Innovations in China”, Pharmaceutical Patent Journal, 2023.
