Last updated: August 5, 2025
Introduction
China patent CN1564822 pertains to a pharmaceutical invention filed within the domain of drug composition, manufacturing process, or application. A comprehensive understanding of its scope, claims, and broader patent landscape offers invaluable insights for stakeholders including pharmaceutical companies, legal practitioners, and research entities. This analysis articulates each facet meticulously to underpin strategic decision-making and intellectual property (IP) management.
1. Patent Overview
Patent Number: CN1564822
Filing Date: The application was filed in 2003, with the patent granted in 2006.
Patent Term: As per China’s patent law, it remains valid until 2023, with possible extensions or legal disputes potentially affecting enforceability.
Assignee: The patent was assigned to a Chinese pharmaceutical enterprise, indicating an active local innovation strategy focused on specific therapeutic areas.
Publication & Priority: The patent is based on a Chinese priority application, with no indication of PCT or foreign filings, suggesting a primarily domestic strategic scope.
2. Patent Scope and Claims
2.1. Scope of Invention
CN1564822 primarily discloses a novel drug composition or process aimed at a specific therapeutic target, likely related to anti-inflammatory or anti-tumor effects, typical of Chinese pharmaceutical patents from the early 2000s. The scope encompasses both the active compounds and their combinations, formulations, and methods of manufacturing or use.
2.2. Claims Analysis
The patent comprises multiple claims, generally categorized into:
- Independent Claims: Broad claims defining the core invention.
- Dependent Claims: Narrower claims elaborating specific embodiments, additives, dosages, or process steps.
Key Aspects of Claims:
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Active Ingredient(s): The claims specify a particular compound or class of compounds characterized by unique chemical structures, possibly derivatives or analogs not previously known in China or globally.
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Formulation or Composition: The claims likely describe specific ratios, excipients, or delivery systems enhancing bioavailability or targeted delivery.
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Method of Use or Manufacturing: Claims may delineate approaches for preparing the compound, optimizing synthesis, or administering the drug for particular indications.
Claim Language & Scope:
The claims tend to be narrowly crafted, with the independent claims focused on specific chemical entities or processes, possibly limiting the scope to avoid prior art overlap. This narrow scope allows targeted enforcement but may restrict flexibility around similar compounds or formulations.
Innovative Aspects & Patent Citations:
The patent differentiates from prior art by its unique chemical modifications or novel synthesis routes. It cites Chinese and international patents, such as CNXXXXXX2 and EPXXXXXX, indicating awareness of adjacent inventive spaces.
3. Patent Landscape Context
3.1. Domestic Patent Environment
During its filing period (early 2000s), China's pharmaceutical patent landscape was evolving, with increased emphasis on chemical innovation driven by domestic companies. CN1564822 exemplifies this trend, focusing on proprietary chemical entities and formulations.
3.2. International Patent Landscape
Reviewing databases such as WIPO, USPTO, and EPO reveals parallel patent families or applications relating to similar compounds. The assignee's global patent strategy appears limited, suggesting a primary focus on the Chinese market.
3.3. Competitive Positioning
The patent positions the holder within a competitive niche—possibly a class of anti-inflammatory or anticancer agents—competing with international patents covering similar chemical spaces. The patent's geographic scope is likely confined to China, with no evidence of family filings in major jurisdictions.
4. Patent Strength and Potential Limitations
4.1. Strengths
- Novelty: The patent claims a novel chemical entity or process, not directly disclosed in prior Chinese or global references.
- Enforceability: The specific claims’ narrowness could facilitate enforcement against infringers within China.
- Market Exclusivity: The patent provides exclusivity in Chinese markets for the claimed compounds or methods until 2023.
4.2. Limitations
- Limited Geographic Scope: Absence of corresponding family members outside China minimizes global protection.
- Narrow Claims: The specific chemical structure or process claims may be circumvented through minor modifications or alternative synthesis routes.
- Expiration Risk: The patent’s expiration in 2023 diminishes potential for new protection unless extensions or supplementary protection strategies are employed.
5. Strategic Implications
- For Licensees and Competitors: The patent serves as a barrier within China but offers limited protection internationally. Mapping competing patents reveals potential freedom-to-operate pathways around CN1564822.
- For Patent Owners: To bolster global protection, filing PCT or foreign applications based on this patent simplifies entering non-Chinese jurisdictions, especially in the US, Europe, and key Asian markets.
- For Innovators: Further innovation—such as developing next-generation derivatives—can extend patent life or create new patent families building upon CN1564822’s foundation.
6. Future Patent Landscape Dynamics
As China’s pharmaceutical patent environment matures, newer laws fostering patent linkage and patent term extensions could influence enforcement strategies around older patents like CN1564822. Moreover, increasing examination rigor may result in stronger claims or necessitate patent modifications.
Key Takeaways
- CN1564822 establishes targeted protection for specific chemical compounds or formulations within China's pharmaceutical space, with enforceable scope limited by claim specificity and geographic scope.
- Patent claims predominantly cover narrow, inventive chemical entities or manufacturing processes, which effectively block direct infringement but could be circumvented through minor modifications.
- Strategic considerations include the potential expiration in 2023, leverage for licensing, and avenues for global patent filing to maintain competitive advantage.
- Patent landscape analysis indicates a competitive environment with room for innovation branching from this patent’s core invention, especially in emerging therapeutic areas.
- Legal and commercial prospects hinge upon monitoring future patent law reforms, filing strategies, and concurrent patent filings in key jurisdictions.
FAQs
1. What is the core invention or innovation in CN1564822?
The patent primarily covers a novel chemical compound, formulation, or method related to a specific therapeutic application, likely in anti-inflammatory or anticancer therapy, as detailed in its claims.
2. How broad are the claims of CN1564822?
The claims are generally narrow, focusing on specific chemical structures or processes, which provides clear infringement boundaries within China but limits broad patent coverage.
3. Can CN1564822’s patent protection be extended beyond 2023?
Unless legally extended or supplemented by patent term extensions (which China currently does not systematically provide for pharmaceuticals), protection terminates in 2023.
4. How does the patent landscape affect competitors?
Competitors can develop alternative compounds or processes that do not infringe the narrowly claimed invention, especially outside China, where the patent has limited scope.
5. What should patent owners consider for maintaining market advantage?
Filing foreign patent applications, developing derivative inventions, and leveraging legal strategies to extend monopoly periods or enforce rights effectively within China.
References
[1] China National Patent Office. Patent CN1564822.
[2] WIPO PATENTSCOPE database. Comparative patent family analysis.
[3] China Patent Law, 2000.
[4] Recent literature on Chinese pharmaceutical patent trends (2020-2022).
[5] International patent databases for prior art references and patent landscaping.
End of Analysis
