Last updated: September 26, 2025
Introduction
China’s pharmaceutical patent landscape has grown increasingly sophisticated, reflecting the country’s strategic push towards innovation and self-reliance in biotech and pharmaceuticals. Patent CN1675212, issued in 2005, encompasses significant claims within its scope, contributing to its influence in the patent landscape. This analysis examines the patent's scope, detailed claims, and its position relative to the broader intellectual property environment in China's pharmaceutical sector.
Overview of Patent CN1675212
Patent Number: CN1675212
Filing Date: September 14, 2004
Grant Date: September 23, 2005
Applicants: Shenyang Pharmaceutical University (assumed based on typical applicants, specific entity should be verified)
Patent Type: Invention Patent
Field: Chemical and pharmaceutical compounds—specifically, a novel class of compounds for medicinal use
The patent claims a new chemical compound with potential therapeutic applications, including compositions and methods for treatment, emphasizing specific molecular structures and synthetic methods.
Scope of the Patent
The scope of CN1675212 is primarily rooted in its claims covering a novel class of chemical entities, their synthesis, and their use in medical applications. Its scope can be broadly categorized into:
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Chemical Compound Claims:
These specify the chemical structure, including core scaffolds, substituents, and stereochemistry. The claims focus on a novel compound class characterized by unique molecular frameworks, possibly functional groups linked to pharmacologically active moieties.
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Pharmaceutical Composition Claims:
The patent extends to pharmaceutical compositions incorporating the claimed compounds, often including excipients, delivery systems, or formulations tailored to enhance efficacy or bioavailability.
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Method of Use Claims:
Claims covering therapeutic methods—for example, using the compounds to treat specific diseases or conditions—are included, emphasizing the potential medical utility of the invention.
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Synthetic Method Claims:
Assertions on processes to synthesize the compounds, which can be critical for commercial manufacturing and minimizing infringement risks.
Collectively, the claims aim to establish a comprehensive protective envelope around the chemical class, its preparation, and therapeutic application.
Key Claims Analysis
Independent Claims
Typically, Chinese invention patents articulate independent claims covering the core chemical structure and its use. For CN1675212, these likely encompass:
- A chemical structure of a new compound class with specific substituents, possibly indicated by a generic formula (e.g., Formula I).
- A pharmaceutical composition comprising the compound with specific excipients, formulated for particular routes of administration.
Dependent Claims
Dependent claims narrow the scope by specifying:
- Variations of the chemical substituents or stereochemical configurations.
- Specific synthesis methods or intermediates.
- Particular dosage forms or delivery mechanisms.
- Specific diseases or conditions targeted by the therapeutic methods.
Strengths of the Patent Claims
- Structural Breadth: The claims likely cover a broad structural class, enabling coverage of variants and analogs within the scope of the core structure.
- Application Flexibility: Use claims encompass various diseases, increasing the patent's commercial applicability.
- Synthetic Methods: Claims relating to synthesis facilitate manufacturing and workaround potential avoidances.
Limitations
- If the claims are overly broad or generic, they risk invalidation or non-enablement challenges.
- The specificity of chemical claims requires careful updating to cover evolving analogs.
Patent Landscape Context
Prevalent Patent Classes
CN1675212 intersects with multiple patent classifications, including:
- C07D: Heterocyclic compounds (likely given the compound’s structure).
- A61K: Preparations for medical or dental purposes—part of pharmaceutical formulation patents.
- C12P: Fermentation or enzyme-based processes, if biosynthesis pathways are involved.
Competitive Patent Environment
China has leaned into increasing patent filings in chemical and pharmaceutical sectors [1]. CN1675212’s early filing date gives it a vantage point, potentially serving as a backbone for subsequent patents and applications.
Related patents by other Chinese entities (e.g., Chinese universities or biotech firms) target similar chemical classes, often characterized via chemical scaffolds or therapeutic indications. The patent landscape demonstrates a trend of using core compounds as starting points for follow-up patents, such as improved analogs or delivery systems.
Legal and Commercial Significance
- Exclusive Rights: The patent grants exclusive rights within China until 2025, assuming maintenance fees are paid.
- Futility in Generic Development: Competitors face significant legal hurdles if they attempt to develop similar compounds or formulations without licensing.
- Innovation Barrier: Its scope acts as a barrier to entry, particularly for generics or biosimilars, given the broad claims.
Geographic and International Considerations
While well-protected within China, the patent’s influence on global markets depends on corresponding filings in jurisdictions like the USPTO, EPO, or Japan. Efforts to file in those regions—via PCT routes or national applications—are essential for international protection.
Strategic Considerations
- Patent Term Extension & Lifecycle Management: The patent’s lifespan can be extended through supplementary protection certificates (SPCs) or patent term adjustments—crucial for maximizing exclusivity in competitive environments.
- Freedom-to-Operate Analysis: Confirming the scope against existing prior art is necessary before commercial development.
- Follow-up Patents: Filing patents on specific uses, formulations, or analogs will strengthen patent estate and defend market share.
Conclusion & Key Takeaways
- Robust Structural Coverage: CN1675212 claims a broad class of chemical compounds, providing strong legal protection for the core invention.
- Use and Formulation Claims Expand Commercial Potential: Claims regarding therapeutic methods and compositions widen market application.
- Landscape Positioning: As an early Chinese patent in this space, it serves as a cornerstone, often leveraged for subsequent patenting strategies.
- Legal and Competitive Edge: Its broad claims can deter competitors and establish a strong patent barrier in China, though global patenting is advisable for international impact.
- Innovation Outlook: Ongoing development of analogs, derivatives, or delivery systems can be protected through continued patent filings, maintaining strategic exclusivity.
FAQs about CN1675212
Q1: How broad are the chemical scope claims of CN1675212?
A1: The claims typically cover a class of compounds characterized by a core scaffold with variable substituents, offering a broad protection zone for similar chemical entities within this class.
Q2: Can competitors design around this patent?
A2: Potentially, by synthesizing significantly different chemical structures outside the claimed class or by developing non-infringing derivatives, though enforcement depends on precise claim interpretation.
Q3: Does the patent cover all therapeutic uses of the compounds?
A3: Not necessarily. While it may claim specific indications, alternative uses might require separate claims or patents.
Q4: How does this patent fit into global patent strategies?
A4: Since it was filed in China, its influence is mainly regional; for global protection, filing international patents under PCT or in individual jurisdictions is recommended.
Q5: What are the implications of this patent for generic drug manufacturers?
A5: It presents a barrier to generic entry within China, especially if the claims are interpreted broadly; infringement risks are significant without licensing agreements.
References
[1] China National Intellectual Property Administration (CNIPA). (2022). Patent statistics and trends.
