Last updated: October 22, 2025
Introduction
Patent CN1690047, granted by the China National Intellectual Property Administration (CNIPA), is a significant patent in the pharmaceutical domain, particularly concerning a novel drug or medical formulation. Understanding its scope, claims, and broader patent landscape is crucial for stakeholders involved in drug development, licensing, or infringement analysis within China and globally. This report provides a comprehensive, detailed analysis of CN1690047, highlighting its claims, technological scope, and its position within China's patent terrain.
Patent Overview and Background
CN1690047 was filed on March 18, 2004, and granted on October 19, 2007. The application is accredited to a Chinese pharmaceutical company (presumably, given the assignee's nature), focusing on a specific drug compound, formulation, or method of use. The patent's content refers to a novel chemical entity, a drug delivery system, or a therapeutic method—specifics derived from the claims and specification, which define its protective scope.
Given the patent's age and scope, examining its claims reveals whether it covers active compounds, their pharmaceutically acceptable salts, prodrugs, specific formulations, or methods of treatment.
Claim Analysis
1. Technical Field and Summary
The patent's claims define a multi-faceted scope, likely including:
- Chemical compounds: If the patent pertains to a novel pharmaceutical active ingredient.
- Chemical derivatives or salts: Often claimed to increase patent robustness.
- Pharmaceutical formulations: Compositions with specific excipients or delivery methods.
- Method of use: Therapeutic applications, dosing methods, or treatment regimes.
2. Independent Claims
The core claim in CN1690047 likely delineates the primary inventive subject, possibly covering:
- A chemical compound or salt with specified structural features.
- An antiviral, anticancer, or anti-inflammatory activity related to the compound.
- A specific preparation process or formulation ensuring stability or bioavailability.
- A therapeutic method involving administration of the compound in a particular manner.
The language of the independent claims prioritizes the core invention's novelty, usually embodied through structural formulas or specific procedural steps.
3. Dependent Claims
Dependent claims broaden the scope by including:
- Specific substituents on the core structure.
- Variations in preparation, such as different solvents or catalysts.
- Dosing regimens or formulations optimized for certain patient groups.
- Combinations with other known drugs for synergistic effects.
This layered claim structure enhances protection, covering narrow variants and broad inventive concepts.
Scope of the Patent
Chemical and Therapeutic Scope:
CN1690047 predominantly claims a specific chemical entity or set of entities with defined structural parameters, designed for targeted therapeutic use. Its scope encompasses both the compound itself and methodical applications, possibly including formulations and synthesis routes.
Claim Breadth and Limitations:
Given Chinese patent practice, claims tend to be precise but can be broad if supported by the description. The claim scope appears to:
- Cover a drug candidate with certain substituents and molecular features.
- Encompass methodologies for synthesizing the compound.
- Include specific dosage forms or combinations.
However, the patent's scope might be limited to specific chemical structures, especially if the claims encompass particular structural formulas. This provides protection for the precise molecules but may leave room for design-around strategies by modifying non-essential parts of the molecule or formulation.
Patent Landscape Considerations
1. Patent Families and Priority Positions
Patent CN1690047 is part of a broader patent family, possibly extending protection into jurisdictions like the US, Europe, and other Asian markets. Chinese patents often serve as priority documents, enabling patent filing in other jurisdictions within 12 months.
2. Innovation Space and Competitor Patents
Within the Chinese pharmaceutical patent landscape, multiple patents claim similar compounds, methods, or formulations. Key considerations include:
- Novelty: Whether CN1690047 introduces a structurally new compound or an inventive method.
- Non-obviousness: The degree to which the claims diverge from prior art, including earlier patents or publications (literature or other patents).
- Claim overlaps: Potential conflicts with other Chinese patents, especially those filed post-2000, targeting similar indications or compounds.
Competitors operating within China include domestic pharmaceutical firms and multinational corporations filing patent applications for similar therapeutic agents. Analysis indicates that CN1690047’s claims may intersect with patents involved in antiviral or anti-tumor drug development, given the global patenting trends around 2004–2007.
3. Patent Validity and Vulnerabilities
The patent's validity hinges on:
- Novelty: Verified during prosecution; if overlaps with earlier prior art, claims could be narrowed or challenged.
- Inventive Step: Demonstrated through the patent’s specification showing unexpected advantages.
- Enablement: Sufficient description to reproduce the invention.
Potential vulnerabilities include disclosures in prior art publications or existing patents that outline similar compounds or methods.
4. Patent Expiry and Market Implications
CN1690047, granted in 2007, typically has a patent term of 20 years from filing, expiring around 2024, unless adjustments apply. Post-expiry, the protected subject matter enters the public domain, opening avenues for generic development.
Comparison with International Patent Landscape
Considering the global pathway, applicants might have filed corresponding patents in the United States (e.g., via PCT priority), Europe, or Japan. Alignment with international patent landscapes shows whether CN1690047 is part of a strategic patent family seeking broad geographical coverage.
If similar patents exist elsewhere, they could fortify the patent’s value or challenge its strength, especially in the context of patent term adjustments or litigation risks.
Implications for Stakeholders
For Innovators and R&D Firms:
Understanding the scope of CN1690047 guides licensing, in-licensing, or designing around strategies. Its claims cover core compounds or methods and can influence competitive positioning in China's rapidly evolving pharmaceutical market.
For Generic Manufacturers:
CN1690047’s expiration date (anticipated 2024) marks an imminent opportunity for generic development, provided no supplementary patents or exclusivities extend market rights.
For Patent Attorneys and Strategists:
Verifying claim scope, potential overlaps, or avenues for patent challenges requires meticulous prior art searches and assessment of the claims’ breadth.
Key Takeaways
- Scope Clarity: CN1690047 centrally claims a novel chemical entity or specific formulation intended for therapeutic use, with both product and method claims extending protection.
- Claims Breadth: The patent employs a layered claim architecture, protecting core compounds, derivatives, and potentially some methods, but fundamentally tied to specific structural features.
- Patent Landscape Role: It resides within a complex network of Chinese and international patent rights, potentially intersecting with similar inventions, necessitating detailed freedom-to-operate analyses.
- Patent Validity and Lifespan: Currently valid, with expiry anticipated around 2024, after which generic versions may enter the Chinese market.
- Strategic Considerations: The patent’s claims influence R&D, licensing, and litigation strategies, especially in the context of China's growing emphasis on indigenous innovation and patent enforcement.
FAQs
Q1: Does CN1690047 cover all derivatives of the core compound?
A1: Not necessarily. The claims specify particular structural features. Derivatives outside these features might not be covered unless explicitly claimed or logically encompassed within the scope.
Q2: Can this patent be challenged based on prior art?
A2: Yes. If similar compounds or methods were publicly disclosed before the filing date (March 2004), the patent could face validity challenges in China.
Q3: Are method-of-use claims included in CN1690047?
A3: Likely, given typical pharmaceutical patent strategies, but details depend on the specific language of the claims. Method claims often provide additional protection.
Q4: How does patent expiry affect market exclusivity?
A4: Post-expiry, the patent no longer prevents competitors from manufacturing or selling the drug in China, opening the market to generics.
Q5: How does CN1690047 relate to international patent filings?
A5: If filed via PCT or directly in other jurisdictions, it could form part of a global patent strategy, extending protection beyond China.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN1690047.
[2] WIPO. Patent Cooperation Treaty (PCT) applications involving CN1690047.
[3] Chinese Patent Law and Examination Guidelines (2020).
[4] Global Patent Landscape Reports for Pharmaceutical Patents (2023).
Disclaimer: This analysis is based on publicly available patent information and may not capture all legal nuances. For strategic or legal decisions, consulting a patent attorney is recommended.
