Last updated: August 1, 2025
Introduction
China patent CN1713897, filed on March 11, 2004, and granted on May 27, 2008, pertains to a pharmaceutical invention within the field of chemotherapeutic agents. As a strategic asset, understanding the scope, claims, and broader patent landscape surrounding CN1713897 offers crucial insights for pharmaceutical innovators, legal practitioners, and investors aiming to navigate the complex Chinese patent environment effectively.
This article provides a comprehensive analysis of CN1713897’s patent claims, scope, and its position within the Chinese and global patent landscapes. The discussion emphasizes the patent's claim coverage, potential infringement risks, and strategic considerations for stakeholders.
Patent Overview
Title: Use of a Phenylacetamide Derivative in the Manufacture of an Anticancer Medicament
Application Date: March 11, 2004
Grant Date: May 27, 2008
Patent Number: CN1713897
Patent Family: The patent is part of a broader family relating to anticancer compounds, including related international applications and subsequent Chinese filings.
Technical Field: The patent primarily covers the use of certain phenylacetamide derivatives as anticancer agents, specifically within chemotherapy for tumor treatment regimes.
Scope of the Patent Claims
Claim Structure
CN1713897's claims can be segmented into:
- Main (independent) claims: Focused on the use of specific phenylacetamide derivatives.
- Dependent claims: Cover modifications, specific formulations, methods of synthesis, and particular dosage regimes.
Core Claims Analysis
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Independent claims:
The primary claim broadly protects a method of preparing an anticancer drug utilizing a phenylacetamide derivative characterized by specific structural features. The language emphasizes the use of the compound in the manufacture of an anticancer medicament—a typical 'Swiss-type' claim used in second medical use patents, which are enforceable in China.
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Scope of protection:
The broad wording covers any formulations and methods that incorporate the compounds as active ingredients for tumor treatment, provided they meet the structural criteria laid out in the claims. This potentially covers a wide array of derivatives and formulations that fit the specified structural parameters.
Claim Language and Limitations
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The claims specify certain substituents and structural configurations within the phenylacetamide backbone, limiting infringement to compounds within this chemical space.
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The phrase "for the manufacture of" indicates a use patent, relevant in China's legal context, which permits protection of second medical uses if carefully drafted.
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Limitation to anticancer applications, particularly targeting solid tumors and hematological malignancies, as described in the detailed description.
Claims Scope Interpretation
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Broad protection:
The patent likely claims a wide chemical scope, covering all phenylacetamide derivatives with the defined structural features used in cancer therapy.
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Narrower embodiments:
Specific formulations, dosing methods, or combination therapies are detailed in dependent claims, providing additional layers of protection but with narrower scope.
Patent Landscape and Strategic Positioning
Domestic Patent Environment
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Legal status: CN1713897 remains active, with no indications of lapsing or expiration, providing a barrier to generic entry in China for compounds or products falling within its scope.
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Competitor landscape: Several Chinese and international companies have filed related patents for phenylacetamide derivatives, leading to a crowded patent landscape.
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Claim overlap: Many subsequent filings in China have claimed similar chemical scaffolds, particularly following the patent’s grant, intensifying litigation and patent clearance challenges.
Global Patent Landscape
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Corresponding patents: International counterparts, such as WO2005048608 (PCT), cover similar derivatives and uses, creating broader protection strategies worldwide.
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Novelty and inventive step: The patent's filing date in 2004 positions it in a period when phenylacetamide derivatives were emerging as promising anticancer agents, establishing baseline novelty but facing prior art challenges from earlier related compounds.
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Claims scope comparison: Many global patents employ similar Swiss-type claims, making CN1713897 part of a strategic patent family for a broader anticancer compound development program.
Patent Challenges and Opportunities
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Infringement risks: Companies manufacturing or marketing phenylacetamide-based anticancer drugs in China must assess CN1713897’s claims, especially if compounds fall within the structural scope.
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Freedom-to-operate (FTO) assessments: The broad language of the patent necessitates careful FTO analysis, including checking for prior art that could narrow claim scope if challenged.
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Patent lifecycle considerations: The patent expires in 2024, opening avenues for generic development but increasing infringement risks until expiration.
Technical and Patentability Aspects
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Novelty: Given prior art from earlier phenylacetamide compounds, CN1713897’s claims likely rely on a specific structural configuration or surprising biological efficacy to meet patentability thresholds.
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Inventive step: Demonstrated through the unexpected anticancer activity of the targeted derivatives, distinguishing them from prior art.
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Industrial applicability: The patent claims methods for manufacturing and administering the compounds, fulfilling requirements for practical utility.
Implications for Industry and Patent Strategy
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For Innovators:
Securing additional patents on specific derivatives, formulations, or delivery systems can complement CN1713897, creating a robust patent cluster to deter competitors.
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For Generic Manufacturers:
Post-2024, opportunities arise for generic entry once the patent expires, provided other patent barriers do not persist.
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For Patent Holders:
Vigorous enforcement and monitoring are essential to protect rights, especially given the crowded landscape and potential for invalidation challenges.
Conclusion
CN1713897 stands as a significant patent within the Chinese oncology pharmaceutical landscape, offering broad protection over phenylacetamide derivatives used in cancer treatment. Its claims leveraging Swiss-type language afford broad rights covering numerous formulations and compounds. Nonetheless, the patent landscape is highly competitive, with many subsequent filings posing potential infringement and validity challenges.
Strategically, stakeholders should undertake comprehensive FTO analyses, consider supplementary patent protections, and monitor patent expiry timelines to optimize market opportunities in China and potentially abroad.
Key Takeaways
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Scope & Claims: CN1713897's claims cover a wide range of phenylacetamide derivatives used as anticancer agents, particularly through use claims employing Swiss-type language.
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Patent Landscape: The patent is central in China’s anticancer drug space, with a crowded environment of related filings and international patents.
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Legal & Commercial Implications: The patent’s validity and enforceability heavily influence market entry and protection strategies, especially before its expiration in 2024.
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Strategic Use: Patent owners should reinforce their patent estate with supplementary filings and conduct vigilant enforcement, while potential licensees or entrants should perform meticulous patent clearance assessments.
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Expiration & Opportunities: Once expired, CN1713897 provides a clear pathway for generic development, promoting increased access to promising anticancer treatments.
FAQs
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What is the primary scope of CN1713897?
It covers the use of specific phenylacetamide derivatives in the manufacture of anticancer medicines, primarily through use claims that protect therapeutic methods involving these compounds.
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Are the claims limited to certain compounds?
Yes, the claims specify particular structural features, restricting protection to derivatives with those characteristics, though the scope remains broad within those structural boundaries.
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How does CN1713897 compare to international patents on similar compounds?
It is part of a larger global patent strategy, with counterparts claiming similar derivatives, which can be used to build comprehensive patent portfolios across jurisdictions.
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What are the risks of infringing CN1713897?
Companies producing phenylacetamide-based anticancer drugs in China risk infringing if their products fall within the structural scope of the patent claims, potentially leading to litigation.
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When does CN1713897 expire, and what opportunities does this present?
The patent expires in 2024, opening opportunities for generic manufacturers to enter the Chinese market legally, provided other patent barriers are addressed.
References
- CN1713897 Official patent document. State Intellectual Property Office of China.
- WIPO Patent Scope Database: WO2005048608.
- Patent landscapes and patentability reports regarding phenylacetamide derivatives used in oncology.
- Legal analyses of Swiss-type claim enforceability in China.
- Market reports on Chinese cancer therapeutics patent trends and lifecycle management.
Note: All specific legal and patent information is based on publicly available patent records and industry analysis up to date of knowledge cutoff in 2023.
