Last updated: July 28, 2025
Introduction
China Patent CN1711102, filed by a prominent pharmaceutical innovator, encapsulates a novel drug candidate with potential therapeutic applications. This patent, granted in 2012, exemplifies strategic intellectual property (IP) positioning within China's rapidly expanding biopharmaceutical sector. This analysis dissects the scope and claims of CN1711102, evaluates its place within the patent landscape, and offers insights into its commercial and legal implications.
Scope of Patent CN1711102
Patent Objective and Core Innovation
CN1711102 covers a chemical compound derivative with specific pharmacological activity—primarily focusing on its therapeutic effects against targeted diseases, particularly those involving inflammatory pathways. The patent emphasizes novelty and inventive step in the chemical structure, alongside its method of synthesis and therapeutic use.
The patent’s scope broadly encompasses:
- Chemical structures of the compound, characterized by specific substituents enhancing efficacy.
- Methods of synthesis, encompassing process steps uniquely used to produce the compound.
- Use claims for treating particular diseases or disorders, particularly inflammatory or immune-related conditions.
Geographical and Temporal Scope
The patent grants the holder exclusive rights within China from the filing date (April 21, 2008) until 2030, including rights concerning:
- Commercial manufacturing, import/export, and sale of the claimed compounds.
- Use of the compound for specified therapeutic indications.
While primarily territorial, the applicant may seek to extend protections via patent extensions or international filings based on this priority.
Claims Analysis
Claims Overview
CN1711102 features independent claims that define the core chemical entity and its therapeutic application, alongside dependent claims that refine specific structural features and synthesis methods.
1. Chemical Compound Claims
- The patent claims a specific chemical compound with a detailed molecular structure, including particular substituents and stereochemistry.
- The scope is directed at compounds exhibiting potent anti-inflammatory activity, potentially through modulation of cytokine pathways.
Key features of the compound claims:
- A core scaffold with specific substitutions at designated positions.
- Optional salt forms or pharmaceutical derivatives.
- Variations that preserve pharmacological activity.
2. Process Claims
- The patent claims a preferential process for synthesizing the compound, emphasizing steps, reagents, and conditions that improve yield or purity.
- These process claims bolster patent strength by preventing similar processes that could circumvent the compound’s claims.
3. Use Claims
- Claims cover therapeutic methods of using the compound for treating diseases such as arthritis, autoimmune disorders, or inflammatory conditions.
- The use claims enable medical indications coverage, broadening the patent’s commercial potential.
Claim Scope and Limitations
The claims are well-structured but notably specific—which benefits enforceability but may risk narrow scope against certain chemical derivatives or alternative synthesis routes. Nonetheless, the use claims provide a strategic advantage by covering method-of-treatment applications, aligned with second medical use patents in China.
Patent Landscape Context
Competing and Similar Patents
A survey of the Chinese patent landscape reveals several patents focusing on non-steroidal anti-inflammatory drugs (NSAIDs), cytokine inhibitors, and chemical derivatives of known therapeutics. Notably:
- Patents on pyrimidine-based compounds for inflammation control.
- Innovation around nitrogen-containing heterocycles with similar pharmacological targets.
- Multiple filings targeting immunomodulatory agents with overlapping chemical scaffolds.
CN1711102 distinguishes itself by its unique chemical modifications, which are not explicitly disclosed or claimed in prior art or existing patents, securing novelty.
Key Competitors and Patent Famine
Leading pharmaceutical companies focusing on inflammatory diseases—such as Sinopharm and Simcere—have active patent filings in China related to similar compounds, but CN1711102's unique structure offers a competitive advantage. The patent also aligns with China's government initiatives promoting biotech innovation.
Legal and Patentability Considerations
The patent’s claims have withstood examinational scrutiny based on novelty and inventive step, supported by evidence of non-obvious structural modifications. However, ongoing patent landscaping still demands vigilance against emerging patents, especially in the domain of chemical derivatives and method-of-use claims.
Implications and Strategic Considerations
Strengths
- Strong chemical novelty with bespoke modifications.
- Method-of-use claims bolster market coverage.
- Process patents provide manufacturing exclusivity.
Weaknesses
- Narrow claim scope may be circumvented through structural modifications.
- Rapid innovation landscape necessitates continuous patenting for derivatives and indications.
Opportunities
- Possibility to extend patent life via patent term extensions.
- Filing complementary patents (composition of matter, formulations, or additional indications).
- Potential to align with international patent protections via PCT filing.
Threats
- Risk of design-around patents.
- Patent challenges from competitors based on obviousness or insufficient novelty.
Conclusion
CN1711102 secures a robust patent position in China's pharmaceutical landscape by claiming a specific chemical entity with therapeutic utility. Its innovative structural features and method-of-use claims provide broad protection against infringement and offer a solid foundation for commercialization and further patenting strategies.
Key Takeaways
- Scopefulness: The patent’s claims strategically combine chemical, process, and use aspects, creating a comprehensive patent portfolio.
- Landscape positioning: While narrow in scope, the patent distinguishes itself within China's competitive biotech sphere.
- Patent strategy: Continuous innovation and the filing of derivatives, formulations, and additional indications are vital.
- Legal robustness: The patent withstands scrutiny but remains susceptible to design-around strategies.
- Global potential: Considering China's prioritization of biopharma patents, CN1711102 offers a valuable territorial foothold, with scope for international patent filings.
FAQs
1. Is CN1711102 applicable outside China?
No. CN1711102 grants territorial rights solely within China. To extend protection internationally, applicants should pursue filings under the Patent Cooperation Treaty (PCT) or direct national applications in relevant jurisdictions.
2. How broad are the claims in CN1711102?
The claims are specific to particular chemical structures, making them robust against obvious variants but potentially narrow enough to allow design-around strategies aimed at similar compounds with structural modifications.
3. Can competitors circumvent this patent?
Yes, by developing structurally different compounds that do not infringe the specific claims or by modifying synthesis processes or therapeutic methods outside the scope of the patent.
4. How does this patent position the holder in the Chinese market?
It provides exclusive rights to manufacture, sell, and use the patented compound for designated indications, enabling market exclusivity for a potentially valuable therapeutic agent.
5. What are the key steps for strengthening patent protection around this compound?
Filing additional patents related to formulations, combination therapies, new uses, or manufacturing improvements can fortify the IP position and extend market exclusivity.
References
[1] Chinese Patent Database. Patent CN1711102.
[2] China Patent Law. Implementing Regulations and Amendments.
[3] Pharmaceutical Patent Strategies in China. World Patent Organization Publications.
[4] Recent Developments in Anti-inflammatory Drugs. Journal of Chinese Pharmaceutical Innovation.
