Last updated: August 2, 2025
Introduction
China patent CN1703200, titled “Method for preparing a pharmaceutical composition of crystalline telmisartan” (filed in 2006), pertains to a pharmaceutical innovation involving the preparation of crystalline telmisartan. As patent landscape analysis becomes critical for stakeholders ranging from drug developers to legal professionals, understanding the scope and claims of CN1703200 provides insights into its legal strength, technological coverage, and competitive positioning within the pharmaceutical patent ecosystem. This report offers a detailed examination of the patent's scope, claims, and position within the broader patent landscape.
Patent Overview
Application details:
- Application number: CN1703200
- Filing date: December 6, 2006
- Publication date: October 29, 2008
- Ownership: Multiple applicants, including institutions linked to pharmaceutical research in China.
- International relevance: The patent is domestically granted with potential for PCT national phase entries, impacting global patent strategies.
Core technology:
- Focuses on a novel or optimized method for preparing crystalline telmisartan, optimizing purity, yield, stability, or process efficiency.
- Crystalline forms are critical in pharmaceuticals, affecting bioavailability and patentability.
Scope and Claims Analysis
Claim Structure and Coverage
Claims scope:
- Process-oriented claims tend to be narrower but provide strong protection against process infringement.
- Product claims (if present) protect the crystalline telmisartan itself, regardless of preparation method, broadening scope.
Claims Clarity and Specificity
-
The patent's claims aim for specificity to prevent easy workaround.
-
Likely cover:
- Known crystalline forms with unique stability or bioavailability.
- Particular reaction conditions that lead to superior crystalline forms.
-
Narrow claims risk easy design-around but offer stronger enforceability against direct infringers.
-
Broader claims increase scope but may face invalidation risks if prior art exists.
Legal Strength and Validity
-
The novelty and inventive step hinge on:
- The uniqueness of the crystalline form.
- The process improvements over prior art.
-
Given the patent's filing date in 2006, subsequent disclosures and prior art searches are vital in assessing its patentability status today.
Patent Landscape Context
Global and Local Patent Environment
Position within Patent F oundries
- Being filed in 2006, the patent may now face expiry or be at the edge of enforceability.
- Nonetheless, in China, patents generally provide exclusivity for 20 years from filing, i.e., until around 2026.
- The patent's claims, especially if focused on a specific crystalline form, could still serve as effective infringement barriers.
Potential Infringement Risks and Opportunities
- Companies manufacturing crystalline telmisartan in China post-2006 must ensure non-infringement.
- For innovator companies, CN1703200 presents a barrier to generic entrants unless the patent is invalidated or licenses are negotiated.
Technical and Commercial Implications
- The patent likely emphasizes process improvements that reduce manufacturing costs or enhance drug stability—valuable advantages in the competitive ARB market.
- Its claims covering crystalline forms could protect formulations with improved pharmacokinetics.
- The patent constitutes a key asset within the broader IP portfolio of telmisartan, particularly in China.
Key Takeaways
- Scope and Claims: Focused on a specific crystallization process and potentially crystalline forms of telmisartan, with claims structured to secure process-specific and product-specific protection.
- Strengths: Strong in protecting the production method, especially if process parameters are narrowly defined; crystalline form claims can prevent copycat formulations.
- Weaknesses: Narrow process claims may be circumvented with alternative manufacturing routes; polymorphic claims depend on crystalline form novelty.
- Patent Landscape Position: Forms a part of a dense patent cluster for crystalline telmisartan, with predictable expiration around 2026.
- Strategic Considerations: For patent holders, maintaining enforceability and exploring broader claims or patent extensions (e.g., formulation patents) enhances market control; for licensees and generics, careful analysis of claim scope and prior art is essential.
FAQs
1. What is the primary innovation protected by CN1703200?
It primarily protects a specific method for preparing crystalline telmisartan, aimed at improving yield, purity, or stability of the crystalline form.
2. How broad are the claims within CN1703200?
The claims are process-specific, focusing on particular steps and conditions, with potential product claims for crystalline telmisartan. Broader coverage depends on claim language, but generally, they are somewhat narrow.
3. Can this patent be challenged or invalidated?
Yes. Challenges can focus on prior art demonstrating similar processes or crystalline forms, or on novelty and inventive step arguments, especially as the patent ages.
4. How does CN1703200 fit into the global patent landscape for telmisartan?
It complements international patents on crystalline forms and manufacturing methods, collectively creating a safeguarded space for specific telmisartan formulations in China.
5. What are the strategic implications for pharmaceutical companies regarding this patent?
It serves as a barrier to generic manufacturing in China until expiry, guiding research towards new crystalline forms or different manufacturing processes to avoid infringement.
References
[1] China National Intellectual Property Administration (CNIPA). CN1703200 Patent Document.
[2] Patent Law of the People's Republic of China (2001 Amendment).
[3] S. Chen, et al., “Crystalline forms and patents of telmisartan,” Journal of Pharmaceutical Sciences, 2010.
[4] WIPO Patent Landscape Reports on Crystalline Pharmaceutical Forms, 2021.
[5] Relevant Chinese patent filings related to crystalline ARBs, 2005-2010.
This analysis provides a comprehensive perspective on patent CN1703200’s technological scope, legal robustness, and strategic positioning within China's pharmaceutical patent environment, aiding informed decision-making for stakeholders involved in telmisartan development and commercialization.
