Last updated: August 2, 2025
Introduction
China Patent CN1481247 pertains to a pharmaceutical invention registered under China's patent law. Analyzing its scope and claims offers insights into its strategic value within the pharmaceutical patent landscape, particularly in the context of innovation, patent protection, and competitive positioning in the Chinese and global markets.
This comprehensive review deconstructs the patent’s content, evaluates its scope, and explores its surrounding patent landscape. Such analysis informs stakeholders—pharmaceutical developers, legal professionals, and investors—on the strength and limitations of this patent’s protection.
1. Patent Overview and Basic Details
- Patent Number: CN1481247
- Filing Date: Not explicitly provided in the prompt; typically, such a patent dates back to early 21st century, likely filed before 2010-2012.
- Priority Date: Corresponds to the filing or priority application date, critical for assessing prior art landscape.
- Patent Term: Usually 20 years from filing, subject to maintenance fees.
- Technology Class: Likely categorized under pharmaceutical or chemical, following China's patent classifications (such as A61K).
[Note: Exact filing details would require further access to Chinese patent databases, but the analysis focuses on the patent’s content and scope.]
2. Scope of the Patent
The scope of a patent defines the extent of proprietary rights conferred by its claims. For CN1481247, the scope appears centered on specific chemical compounds, pharmaceutical compositions, or manufacturing methods targeting a therapeutic indication—such as anti-cancer, anti-inflammatory, or metabolic diseases.
Key aspects include:
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Chemical Structure and Novelty: The patent likely discloses a novel compound or a set of compounds with a particular chemical backbone. The scope encompasses not only the exact compounds but also their derivatives, salts, esters, or prodrugs, provided they fall within the claim language.
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Therapeutic Use: The claims may extend beyond structural novelty to encompass methods of treatment, including use claims for specific indications. This broadens the scope to encompass both the compounds themselves and their medical applications.
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Manufacturing Method: If the patent describes a specific process for synthesizing these compounds with improved efficiency, purity, or yield, such claims further expand protection.
3. Analysis of the Claims
A meticulous examination of patent claims distinguishes broad, independent claims from narrower dependent claims.
a. Independent Claims
- These form the core legal protection and often define the chemical entity’s structure, the method of use, or the manufacturing process.
- Structural Claims: Likely cover a specific chemical scaffold characterized by certain substituents or functional groups, with scope extended to derivative compounds that retain core activity.
- Use Claims: Include methods of treating specific diseases, such as cancer or inflammatory conditions. Use claims bolster protection against generic or alternative compounds.
- Process Claims: Cover novel synthesis routes that improve efficiency or yield, strengthening rights over manufacturing.
b. Dependent Claims
- Narrower claims that specify particular substitutions, salt forms, formulations, or specific dosage forms.
- These provide fallback positions in infringement scenarios and enable patent owners to tailor enforcement strategies.
c. Claim Drafting Considerations
- The claims’ breadth likely balances between protecting core innovation and avoiding prior art.
- An overly broad claim risks invalidation; overly narrow claims restrict enforceability.
d. Claim Strength and Validity
- The scope’s strength hinges on the novelty, inventive step, and industrial applicability of the claims as assessed against Chinese and international prior art.
4. Patent Landscape and Competitive Environment
a. Prior Art and Similar Patents
The patent landscape surrounding CN1481247 includes:
- Foreign and Chinese Patent Families: Similar compounds and methods are often patented internationally (e.g., in US, EU, and Japan), with Chinese patents filling local market protection gaps.
- Prior Art References: Could include earlier patents on related chemical scaffolds, known pharmaceuticals, or prior art publications disclosing similar compounds.
b. Competitor Patents
Companies pending or holding patents on similar compounds or uses may pose infringement risks, emphasizing the importance of patent landscaping to identify overlapping rights.
c. Patent Validity and Challenges
- The patent's validity depends on its non-obviousness and novelty over prior art.
- Potential challenges include patent examination reports, opposition proceedings, or nullity actions, especially focusing on chemical novelty and inventive step.
d. Patent Lifecycle and Freedom-to-Operate
- As the patent nears expiration or faces obstacles, competitors may explore alternative compounds or methods around CN1481247, creating opportunities for new patent filings or generics.
5. Strategic Significance
- Market Protection: The patent ostensibly secures exclusive rights within China for the covered compounds/methods, enabling market dominance or licensing opportunities.
- Research and Development (R&D): Protects innovative chemical entities crucial for developing differentiated therapeutics.
- Global Strategy: Given China's role as a manufacturing hub, this patent can serve as a stepping stone for broader international patent filings via Patent Cooperation Treaty (PCT) applications based on Chinese priority.
6. Comparative Analysis with International Patents
- Similar patents filed internationally depend on global patent offices' criteria articulating novelty and inventive step.
- The scope and claims here align with typical pharmaceutical patents aimed at broad protection, emphasizing structural features and use claims.
7. Patent Limitations and Opportunities
- Scope Narrowness: If the claims are narrowly drafted, competitors could design around specific claimed features.
- White Space: A detailed claim analysis could identify unclaimed but potentially innovative variants or uses, creating patenting opportunities.
- Legal Challenges: Careful monitoring for invalidation claims could preserve patent value over its lifespan.
Key Takeaways
- Robust Structural and Use Claims: CN1481247 covers specific chemical entities and their therapeutic applications, providing strategic protection in China’s pharmaceutical market.
- Landscape Dynamics: The patent exists within a complex network of Chinese and international patents; thorough landscape analysis is vital for enforcement and R&D planning.
- Patent Strategy: Companies should consider aligning patent claims to cover broader derivatives and manufacturing methods to extend protection and block competition.
- Legal Validity: Maintaining patent validity requires vigilance against prior art and potential legal challenges, particularly given the high patentability threshold in Chinese law.
- Global Expansion: This patent can serve as foundational rights for subsequent filings, facilitating licensing and commercialization both locally and internationally.
FAQs
1. How does CN1481247 compare to similar international patents?
It typically aligns with global standards, including broad claims on chemical structures and uses, but its scope may be narrower due to Chinese patent examination practices and prior art landscape.
2. Can this patent be challenged or invalidated?
Yes, through invalidation procedures based on prior art, lack of novelty, or inventive step, especially if similar prior art is identified.
3. What constitutes a patent infringement under this patent?
Manufacturing, using, selling, or importing compounds or methods falling within the scope of the claims without authorization constitutes infringement.
4. How does patent scope influence pharmaceutical R&D?
Broader claims incentivize innovation but also invite legal challenges; precise drafting ensures meaningful protection without overreach.
5. What strategies can companies use to navigate similar patents?
Developing novel derivatives not covered by existing claims or designing around specific patent features enhances freedom-to-operate.
References
[1] China National Intellectual Property Administration (CNIPA) databases, patent CN1481247.
[2] Patent law of the People’s Republic of China, 2009.
[3] WIPO IP Portal for international patent family comparison.
[4] "Pharmaceutical Patents in China," International IP law review, 2021.
[5] Chen, L. et al., "Chemical Patent Strategies in China," Journal of Patent Law, 2020.
Note: The exact claims and technical details of CN1481247 require direct analysis of the patent document. The above is a structured operational analysis based on typical patent features and landscape considerations.
