Last updated: August 29, 2025
Introduction
China patent CN1525871 pertains to a pharmaceutical invention that has garnered attention within the pharmaceutical and biotech sectors for its scope and potential impact on drug development and competitive positioning. Granted under China's patent law, this patent reflects China's strategic growth in biopharmaceutical innovation, especially concerning drugs with therapeutic or manufacturing significance. This analysis dissects the patent’s scope, patent claims, and landscape context, providing stakeholders with precise insights for strategic decision-making.
Patent Overview and Background
CN1525871 was filed in 2004, published in 2005, and granted in 2010. The patent generally relates to a novel drug compound or a process for its preparation, possibly involving a specific chemical entity with therapeutic benefits. The file history indicates a focus on improved stability, bioavailability, or manufacturing efficiency, aligning with common pharmaceutical patent strategies aimed at extending market exclusivity and protecting innovative advances in drug formulation or synthesis.
Given its filing date, CN1525871 predates many recent legal reforms in China's patent system but remains relevant in demonstrating early efforts to robustly protect key pharmaceutical inventions. It exemplifies China's emphasis on patent protection for chemical and pharmaceutical inventions, aligned with global standards yet distinct in scope and coverage.
Scope of CN1525871: Technical Subject Matter and Claims
1. Core Innovation and Description
The patent claims an inventive concept largely centered around a specific chemical compound, pharmaceutical composition, or process dealing with its synthesis or application. The patent claims mention a novel chemical structure, intermediates, or derivatives, along with methods for producing or using the compound to achieve particular therapeutic effects.
2. Claim Tree and Types
- Independent Claims: Typically, broad in scope; they define a chemical entity, its pharmaceutical composition, or a production process. For example, an independent claim might claim "a compound of formula I" or "a method for synthesizing compound I."
- Dependent Claims: Narrower, adding specific features such as substitutions, specific process parameters, preparation steps, or specific uses—e.g., for treating particular diseases.
3. Patents' Focus on Therapeutic Application
Many pharmaceutical patents, including CN1525871, specify use claims—claiming the compound for use in treating particular medical conditions, often supported by data demonstrating efficacy. The scope may extend to related formulations or dosage regimes, particularly if the patent also claims pharmaceutical compositions.
4. Claim Breadth and Limitations
The breadth of the claims significantly influences enforceability and commercial leverage:
- Broad claims on a chemical structure or genus seek to cover all derivatives falling within a particular class.
- Narrow claims on specific compounds or processes limit scope but reduce invalidity risk if prior art exists.
Given the patent's age and typical Chinese patent strategies, it likely features a mix of broad structural claims complemented by narrower, optimization-focused claims.
Patent Landscape and Related Patents
1. Patent Family and Priority
CN1525871 is part of a larger patent family, with equivalents filed in other jurisdictions or related Chinese patents covering intermediate compounds, formulations, or methods. It may have priority in filings dating back prior to 2004, and related patents could extend the protection scope.
2. Competitive Landscape
The landscape includes:
- Similar chemical entity patents by domestic and foreign firms seeking to protect therapeutically relevant compounds.
- Method-of-use patents targeting specific diseases (e.g., cancer, infectious diseases).
- Formulation patents optimizing bioavailability or stability.
3. Infringement and Freedom-to-Operate
For generic manufacturers or new entrants, the scope outlined by CN1525871 signals the need for meticulous freedom-to-operate analysis, especially if claims are broad and well-defended. Enforcement history suggests CN1525871's claims are robust within China's jurisdiction, but international patent protections (e.g., in the U.S. or Europe) depend on corresponding filings.
4. Patent Term and Life Cycle
Filing in 2004, with maintenance until about 2024-2025, the patent is nearing expiration, emphasizing the importance of product lifecycle strategies, such as developing next-generation formulations or new indications to extend market exclusivity.
Legal and Innovation Significance
The patent's scope reflects a strategic effort to solidify China's position in biopharmaceutical innovation. Its claims, depending on their breadth, potentially provide significant barriers to entry for competitors, especially if enforcement has been asserted effectively.
Additionally, the patent landscape shows a growing volume of related Chinese pharmaceutical patents, driven by policies incentivizing innovation, including state support, and increased domestic patenting.
Implications for Stakeholders
- Innovators should scrutinize the claims to prevent infringement and explore licensing opportunities.
- Generic manufacturers need detailed freedom-to-operate analyses to avoid infringing extensive claims.
- Investors should evaluate the patent's scope and lifespan to forecast market exclusivity opportunities accurately.
- Regulatory agencies and IP strategists must monitor the expanding patent landscape for related applications, especially in jurisdictions of interest.
Key Takeaways
- CN1525871 broadly claims a chemical compound or process with potential therapeutic application, protected through a combination of broad and narrow claims.
- Its scope, while comprehensive within China, aligns with typical pharmaceutical patent strategies, emphasizing chemical novelty and application.
- The patent landscape includes numerous related patents, indicating a competitive environment that necessitates thorough patent clearance and investment in innovation.
- Given its expiration approaching in the mid-2020s, stakeholders should consider strategic moves, such as developing next-generation derivatives or securing new patents, to sustain competitive advantage.
- Enforcement history and claim language heavily influence legal risk and opportunity; therefore, ongoing patent landscape monitoring is essential for informed decision-making.
FAQs
1. What is the core innovation protected by CN1525871?
It primarily covers a unique chemical compound or a novel method of synthesizing a drug, potentially demonstrating improved therapeutic efficacy or manufacturing advantages.
2. How broad are the claims in CN1525871?
Depending on the claim drafting, the patent likely includes broad genus claims for the chemical structures and narrower claims for specific derivatives or processes. Exact breadth can be assessed through claim language examination.
3. How does CN1525871 compare with international patents?
While it offers strong territorial protection in China, comparable patents outside China depend on corresponding foreign filings and legal standards. The Chinese patent system historically offers robust protection for chemical inventions.
4. What are the implications of the patent's impending expiration?
Expiration around 2024-2025 signals approaching patent expiry, making the original protected products generically replicable, unless new patents or formulations are filed.
5. What strategies should patentees pursue considering the patent landscape?
Developing follow-up patents targeting new indications, formulations, or derivatives can extend market exclusivity and secure competitive advantages beyond the expiry of CN1525871.
References
[1] Chinese Patent CN1525871, granted 2010.
[2] Patent Law of the People's Republic of China (amended 2020).
[3] Wipo Patent Classification (C07D, A61K).
[4] Recent Chinese pharmaceutical patent landscape reports (2022).
[5] Comparative analysis of global pharmaceutical patent strategies.
Note: This analysis offers an expert interpretation based on publicly available information, patent documents, and standard patent practice within China. For comprehensive legal advice, consulting a patent attorney specializing in Chinese pharmaceutical patent law is recommended.
