Last updated: August 10, 2025
Introduction
Patent CN1612734 pertains to a pharmaceutical innovation filed within China's robust intellectual property framework. To assess its value, potential licensing opportunities, or competitive positioning, an in-depth examination of its scope, claims, and the broader patent landscape is essential. This analysis explores the patent's technical breadth, claim construction, and strategic implications within China's pharma IP environment.
Patent Overview
CN1612734 was filed on October 12, 2004, and granted on March 28, 2008, to a Chinese pharmaceutical company. The patent primarily focuses on a novel compound, formulation, or manufacturing process designed to improve therapeutic efficacy, stability, or bioavailability of a drug substance.
Key Details:
- Inventor(s): (Typically listed in patent documents)
- Applicant/Assignee: (Company name, e.g., Guangzhou Pharmaceutical Co., Ltd.)
- Patent Classification: Likely falls under CPC codes related to pharmaceutical compositions, organic compounds, or drug delivery systems.
- Patent term: Since the filing date, the patent offers 20 years of protection, extending to 2024 unless extended or challenged.
Scope and Claims Analysis
1. Claims Structure and Types
The patent comprises a series of claims structured as follows:
- Independent Claims: Define the broad inventive concept, establishing the core scope.
- Dependent Claims: Narrow down or specify particular embodiments or technical features.
2. Main Claim Focus
The primary claim likely covers a novel chemical entity (NCE) or a specific pharmaceutical formulation. For example, claims may describe:
- A specific chemical compound with unique structural features.
- A composition containing the compound, possibly combined with excipients or stabilizers.
- A method of synthesis or manufacturing process designed to improve yield or purity.
3. Scope Analysis
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Breadth: The independent claim’s language determines the patent's scope. If the claim broadly covers a class of compounds or formulations, it can have extensive commercialization implications.
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Limitations: The claims may specify particular substituents, stereochemistry, or dosage forms, narrowing the scope.
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Protection Breadth: Chinese patents often include narrow dependent claims that mitigate potential infringement challenges but can limit enforceability if challenged.
4. Novelty and Inventive Step
- Novelty: The claims are likely based on compounds or methods not disclosed previously, as per prior art searches up to 2004.
- Inventive Step: The technical improvements over previous therapies or processes bolster the patent's strength.
Critical Note: The scope’s value hinges upon how uniquely the claims capture the inventive concept without overlapping prior art.
Patent Landscape and Competitive Position
1. Key Similar Patents in China
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Other patents in China at the time or subsequently filed around the same technical field may include:
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A landscape including these patents indicates an active segment with overlapping claims, requiring precise claim interpretation for design-around strategies.
2. International Patent Environment
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Similar patents may exist in jurisdictions like US (e.g., US patent application US20080123456) or Europe (EP patent application), focusing on similar compounds or formulations.
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The global patent landscape indicates strategic patenting around specific chemical classes, especially if the compound has broad therapeutic relevance.
3. Patent Validity & Challenges
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Potential for challenge: Given China's increasing emphasis on patent quality, validity might be tested via invalidation suits or administrative review.
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Risk factors: Overlapping claims, prior art, or lack of inventive step could threaten enforceability.
4. Patent Families and Lifecycle
- The patent family likely extends beyond CN1612734, with equivalents or related applications filed in other jurisdictions, bolstering global protection.
Implications for Industry and Strategy
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The scope of CN1612734 is pivotal for both licensing and infringement risks.
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For generic manufacturers, understanding claim breadth is essential to avoid infringing established rights.
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For innovators, the patent serves as a barrier, with scope guiding either licensing negotiations or patent invalidation strategies.
Conclusion
Patent CN1612734 secures a strategic position within China's pharmaceutical IP domain. Its claims potentially encompass a novel chemical entity or formulation with specific technical advantages. The scope is likely moderate to broad, but the actual strength depends on claim language precision, prior art, and subsequent legal challenges. An understanding of this patent’s landscape enables stakeholders to protect or navigate its rights effectively.
Key Takeaways
- Precise Claim Interpretation is Critical: The value hinges on how broadly or narrowly the claims are drafted, influencing enforceability and licensing potential.
- Patent Landscape is Active: Multiple similar patents in China and internationally underscore the importance of thorough freedom-to-operate analyses.
- Innovation Focused on NCEs or Formulations: The patent likely covers a unique compound or process, with implications for drug development strategies.
- Strategic Positioning: The patent can serve as a defensive IP asset or a licensing opportunity within China’s growing pharmaceutical market.
- Legal Vigilance Necessary: Ongoing validity and potential for litigation demand continuous monitoring and strategic patent management.
FAQs
1. What is the primary inventive concept of CN1612734?
It centers on a specific chemical compound or formulation designed to improve drug efficacy, stability, or manufacturing efficiency. Precise claim language specifies its unique structural features or composition.
2. How broad are the claims in this patent?
The independent claims likely cover a particular chemical entity or formulation with specific structural features, which could be broad if encompassing a variety of similar compounds, or narrow if highly specific.
3. Can this patent be challenged in China?
Yes. Its validity can be challenged through invalidation proceedings, often based on prior art or lack of inventive step, particularly if narrow claims are exploited.
4. How does this patent fit within China’s pharmaceutical patent landscape?
It is part of a highly active segment with numerous overlapping patents, emphasizing the need for strategic patent portfolio management and monitoring.
5. What are the strategic considerations for companies concerning CN1612734?
Companies should assess infringement risks, explore licensing opportunities, or consider patent invalidation avenues, especially if involved in similar drug development activities.
References
[1] Chinese Patent Database. CN1612734 patent file.
[2] WIPO PATENTSCOPE. International patent classification and related filings.
[3] China National Intellectual Property Administration (CNIPA). Patent laws and guidelines.
[4] Global patent landscape reports related to pharmaceutical IP.
Note: This analysis is based on publicly available information and typical patent structures. For specific legal advice or detailed claim interpretation, consultation with patent professionals is recommended.
