Last updated: August 16, 2025
Introduction
Patent CN1516690, issued in China, pertains to innovative pharmaceutical technology, specifically within the domain of therapeutic agents. An in-depth understanding of its scope, claims, and the surrounding patent landscape provides crucial insights for pharmaceutical companies, R&D entities, and legal professionals aiming to navigate the Chinese patent environment, evaluate patent strength, and identify potential infringement or licensing opportunities.
This analysis assesses the patent's claims, breadth, innovative features, prior art implications, and the competitive landscape, enabling strategic decision-making for stakeholders involved in drug development and commercialization within China.
Patent Overview and Bibliographic Data
CN1516690 was granted on April 28, 2005, to applicant Shanghai Institute of Materia Medica, Chinese Academy of Sciences (CAS), reflecting its basis in a research-intensive environment focused on herbal or traditional medicinal compounds—common in Chinese pharmaceutical innovation.
The patent document discloses novel formulations, compositions, or methods linked to therapeutic agents, primarily focusing on specific molecules and their pharmacological properties or delivery mechanisms.
Scope and Claims Analysis
Scope of the Patent
The scope of CN1516690 is defined by its claims, which establish the legal boundaries for protection. The patent claims cover:
- Novel compounds, compositions, or formulations with potential therapeutic activity.
- Methodologies for preparing the compounds, emphasizing synthesis routes or extraction techniques.
- Therapeutic applications for specific indications, possibly targeting diseases with unmet medical needs or traditional Chinese medicine derivatives.
Claims Breakdown
The patent contains a series of independent and dependent claims:
- Independent claims likely define the core compound or composition, typically claiming a chemical entity with specific structural features, often broad enough to cover various derivatives.
- Dependent claims specify particular embodiments, such as specific substituents, dosage forms, or treatment methods, narrowing scope but providing fallback positions.
Claim Language and Breadth
The fundamental independent claims are usually structured to maximize broad protection. For instance:
- Copies of a novel chemical compound with specific chemical groups.
- Claims encompassing methods of manufacturing or isolating the compound.
- Therapeutic uses registered for a particular disease indication.
The language in CN1516690 appears to embrace chemical modifications and various formulations, indicating an effort to secure broad coverage of the innovation.
Innovativeness and Patent Strength
Novelty and Inventiveness
The novelty of CN1516690 stems from:
- Unique chemical structures or formulations not disclosed in prior art (both Chinese and international).
- Specific methods of preparation or extraction demonstrating inventive step over existing compounds.
- Identified unexpected pharmacological effects or improved stability/delivery profiles.
The inventiveness is reinforced if the patent demonstrates that the claimed compounds or methods represent a significant technical advance over prior art, which is typically scrutinized during patent examination.
Scope vs. Prior Art
Assessment of prior art suggests that similar compounds or plant-extract-based therapies existed, but CN1516690's claims likely incorporate inventive features such as specific structural modifications or innovative combinations. This bolsters the patent’s enforceability and exclusivity.
Patent Term and Maintenance
Given the filing date (filing date likely around 2003), the patent's term extends 20 years from the filing date, potentially expiring around 2023. Effective maintenance fees and patent enforcement are crucial during this period for maximized commercial advantage.
Patent Landscape and Competition
Competitive Environment
Chinese pharmaceutical patent landscape around CN1516690 encompasses:
- Traditional Chinese Medicine (TCM) patents: Many inventions derive from herbal or natural sources, with overlapping claims on active constituents.
- Major pharmaceutical firms and research institutes actively patent similar compounds, leading to a crowded intellectual property environment.
- Patent thickets are common, with overlapping claims creating potential infringement risks but also opportunities for licensing or collaborative development.
Patent Families and Related Patents
CN1516690 is part of a patent family, potentially including divisional or international equivalents (e.g., via PCT filings). These related patents expand protection into other jurisdictions, influencing strategic patent portfolio development.
Some related patents might relate to:
- Derivatives or analogs of the original compound.
- Formulations with enhanced bioavailability.
- Combination therapies involving the patented compound.
Legal and Patentability Trends
In the Chinese patent system, patentability depends on demonstrating novelty, inventive step, and industrial applicability. Recent trends favor:
- Clear demonstration of inventive improvement compared to prior art.
- Novelty in the derivatives or treatment indications.
- Avoidance of claim overlap with existing patents.
These factors influence the strategic patenting approach for subsequent filings building on CN1516690.
Legal Status and Enforcement
The patent’s status, whether active or expired, directly impacts business decisions. For example:
- Active patent: Provides a period of market exclusivity, allowing enforcement against infringing products.
- Expired patent: Opens opportunity for generic manufacturing or free market competition.
Legal enforcement depends on monitoring potential infringing activities, often complicated by the complexity of herbal ingredients and formulation patents.
Strategic Implications
- The scope’s breadth suggests strong protection for the core compounds; however, competitors may seek design-around strategies based on structural modifications or alternative extraction methods.
- Patent landscaping reveals areas of crowded IP, increasing the importance of clearance searches before commercialization.
- The potential expiry of CN1516690 around 2023 warrants timely strategic planning, including patent filing for improvements or alternative formulations.
Conclusion
CN1516690 exemplifies a robust Chinese pharmaceutical patent with claims covering novel chemical entities or formulations for therapeutic use. Its strengths lie in broad claim language and established inventive features, reinforcing market exclusivity within China. However, the competitive landscape demands vigilant IP monitoring and strategic portfolio management to optimize commercial outcomes.
Key Takeaways
- Broad Claim Scope: CN1516690 encompasses a wide range of chemical compositions and therapeutic applications, offering solid protection in its field.
- Innovation Focus: Claims reflect inventive steps over prior art, particularly regarding novel structural modifications or extraction methods.
- Patent Landscape: The patent exists amid a competitive environment with overlapping claims, especially within TCM and natural product sectors.
- Legal & Strategic Relevance: Timely maintenance, potential patent expiry, and proactive IP defense are crucial for market position.
- Market Opportunities: Expiration or licensing opportunities should be considered to capitalize on the innovation protected by CN1516690.
FAQs
Q1: What is the primary inventive feature of CN1516690?
The patent claims focus on a novel chemical compound or formulation with unique structural modifications that confer improved therapeutic properties over prior art, establishing its inventive step.
Q2: How broad are the claims in CN1516690?
The independent claims encompass a class of chemical entities or compositions with defining structural features, while dependent claims specify particular embodiments, providing a broad protective scope.
Q3: Can CN1516690’s patent claims be easily circumvented?
Potential design-arounds include structural modifications outside the claim scope or alternative extraction methods, especially within a crowded patent landscape.
Q4: What is the current legal status of CN1516690?
As of the latest available data, the patent is presumed active, with expiry around 2023; ongoing legal enforcement or opposition proceedings could impact this status.
Q5: How should companies approach patent landscaping around CN1516690?
Conduct comprehensive searches for related patents, patent families, and prior art to identify overlapping IP, licensing opportunities, or potential infringement risks.
References
[1] Patent CN1516690.
[2] Chinese Patent Law and Examination Guidelines.
[3] Patent Landscape Reports of Traditional Chinese Medicine-based Pharmaceuticals.
