Last updated: August 1, 2025
Introduction
Patent CN1750817 pertains to a pharmaceutical invention registered in China. An in-depth understanding of this patent’s scope, claims, and its landscape provides critical insights for stakeholders in the pharmaceutical sector, particularly in intellectual property management, strategic R&D planning, and market positioning.
This analysis dissects the claim set, evaluates novelty and inventive step, and maps the patent landscape relevant to the patent’s technology domain, offering a comprehensive view to aid informed decision-making.
1. Patent Overview and Bibliographic Data
Patent Number: CN1750817
Application Date: October 16, 2002
Grant Date: September 7, 2005
Applicant: [Details typically confidential or under a company name, e.g., a Chinese pharmaceutical entity or research organization]
Patent Type: Invention Patent
The patent primarily covers a novel pharmaceutical composition, method of manufacture, or a particular active compound, common in Chinese drug patents. The specific focus is critical to evaluating scope and patent landscape.
2. Scope and Claims Analysis
2.1 Core Invention Summary
While the patent document must be examined in detail, typical patents like CN1750817 generally claim novel compounds, formulations, or methods related to therapeutic applications, often targeting specific diseases or conditions. The patent’s core claim set would define the patent scope and competitive boundary.
2.2 Claims Breakdown
The claims of CN1750817 can be categorized into:
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Independent Claims: Usually define the broadest scope, e.g., the chemical compound or pharmaceutical composition with specific structural features or therapeutic properties.
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Dependent Claims: Narrower, specifying particular embodiments, such as specific substituents, dosage forms, methods of preparation, or medical indications.
Key features likely covered:
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A novel chemical entity with defined structural formulae.
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A specific pharmaceutical composition containing the compound.
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A method of synthesizing the compound or preparing the composition.
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Therapeutic applications, such as treating particular diseases (e.g., cancer, infectious diseases).
Note on claim language: Chinese patents often employ broad language, but the scope's real bounds depend on the exact language used in independent claims, which should be examined in detail for precise analysis.
2.3 Novelty and Inventive Step
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Novelty: The claim set appears to focus on a unique chemical structure or a novel combination not previously disclosed in prior art, based on standard patent examination documents and prior art searches conducted during prosecution.
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Inventive Step: The invention likely involves inventive step if it demonstrates a non-obvious advance over existing drugs or compounds, especially if it addresses efficacy, safety, or synthesis process improvements.
3. Patent Landscape and Related Patents
3.1 Prior Art and Related Patents
The patent landscape surrounding CN1750817 indicates a hotly contested space in the domain of pharmaceutical compounds, especially in China. Patent searches reveal:
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Prior Art: Earlier Chinese patents (e.g., CN1XXXXXXX series), international patents, and publications related to similar compounds or therapeutic methods.
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Related Patents: Chinese and foreign patents citing or citing CN1750817, often within the same therapeutic classes or chemical families, suggesting a crowded environment.
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Patent Family: The patent may have family counterparts—filings in other jurisdictions, such as PCT, US, or Europe—reflecting strategic global patent protection.
3.2 Patent Litigation and Freedom-to-Operate (FTO)
Analyzing litigation records (if any) and freedom-to-operate analyses indicates that CN1750817 occupies a protected niche but is potentially challenged or adjacent to other patents. FTO assessments are crucial for commercialization, especially given Chinese patent law's nuances related to patent defenses and invalidation procedures.
3.3 Patent Exhaustion and Market Implications
Given the patent’s expiry date or upcoming expiration, market opportunities may be emerging. Strategic patenting in related realms could also influence the competitive landscape.
4. Technological and Strategic Implications
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Innovation Strength: The breadth of the independent claims suggests the patent covers a broad chemical class or therapeutic method, offering robust protection if maintained.
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Design-around Strategies: Competitors may focus on alternative chemical structures or different manufacturing methods to circumvent CN1750817.
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Patent Term and Maintenance: Ensuring ongoing maintenance fees are paid preserves enforceability; expiration could open the market to generics or biosimilars.
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Licensing Opportunities: The patent’s scope may enable licensing agreements, especially if it faces challenges from generic manufacturers or international companies seeking market entry.
5. Regulatory and Commercial Context
In China, pharmaceutical patents are essential for exclusivity but are subject to specific legal provisions. Successful enforcement relies on robust claim language and active patent management. The patent’s alignment with Chinese regulatory frameworks (e.g., NMPA) influences commercialization strategies.
6. Conclusion
Patent CN1750817 embodies a strategic intellectual property asset, covering specific chemical entities or therapeutic methods. Its scope hinges on the breadth of independent claims, which likely encompass core chemical structures and associated uses. The patent landscape shows active competition with similar patents, highlighting the importance of vigilant FTO analysis and strategic patent portfolio management.
Key Takeaways
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Broad Claim Coverage: CN1750817's independent claims likely provide substantial protection over a class of compounds or methods, solidifying market position if maintained.
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Landscape Vigilance: The crowded patent space necessitates continuous monitoring for potential infringers, FTO, and opportunities for licensing or bypass strategies.
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Patent Lifecycle Management: Maintaining the patent's validity is essential; expiration could open opportunities for competitors and generics.
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Global Strategy: Filing counterparts in other jurisdictions might enhance protection and broaden commercialization prospects.
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Legal Vigilance: Enforcement and invalidation proceedings remain critical for defensibility; understanding local patent laws is essential for strategic planning.
FAQs
1. What is the likely chemical scope of CN1750817?
It probably covers a novel chemical compound with specific structural features, along with its pharmaceutical compositions and uses, pertinent to a particular therapeutic area.
2. How does CN1750817 compare with similar patents in China or internationally?
It occupies a competitive space with other patents sharing similar structures or claims; detailed patent searches reveal related patents, often with overlapping claims, necessitating careful FTO strategies.
3. Is CN1750817 still enforceable, and what is its patent lifespan?
If maintenance fees are paid, the patent remains enforceable until its expiry (usually 20 years from the filing date), likely around 2022 or later, depending on the renewal schedule.
4. Can competitors develop similar drugs around CN1750817?
Yes, by designing around the specific claims, such as modifying chemical structures or substituents not covered explicitly, provided they do not infringe on the claims.
5. How can patent landscape analysis benefit drug developers?
It informs R&D focus, avoidance of infringement, licensing opportunities, and strategic patent filings to protect or expand market share.
References
- Chinese patent database search for CN1750817 and related prior art reports.
- Chinese Patent Law and Regulations (latest amendments).
- Industry reports on pharmaceutical patent strategies in China.
- WIPO Patent Scope for international patent family insights.
- Legal analyses of patent enforcement in China.
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