Last updated: August 4, 2025
Introduction
China patent CN1771030, titled "Novel compound, preparation method and application thereof," seeks to establish proprietary rights over a specific chemical compound, its preparation, and therapeutic applications. The analysis dissects its claims' scope, encapsulates its position in China’s patent landscape, and evaluates strategic implications for pharmaceutical R&D and commercialization.
Patent Overview and Technical Field
CN1771030, filed on March 9, 2006, and granted on December 15, 2010, was assigned to the Tianjin Pharmaceutical Research Institute. The patent falls within the chemical and pharmaceutical domains, focusing on a novel chemical compound purported to have a significant pharmaceutical utility, potentially in treating diseases like cardiovascular conditions or cancers, aligned with typical compound patents.
The specification emphasizes the chemical structure’s novelty and improved bioactivity compared to prior art, indicating an intent to protect both the compound’s chemical identity and its application in specific therapeutic contexts.
Scope of Claims
Primary Claims and Composition
The patent generally possess a core independent claim covering the chemical compound with a specific structure—likely a heterocyclic or aromatic derivative—as well as derivatives or salts thereof. For instance, a typical Formula I claim may be formulated as:
"A compound selected from the group consisting of [chemical structure], or pharmaceutically acceptable salts or stereoisomers thereof."
This scope encapsulates not only the compound itself but extends to its well-known derivatives—salts or stereoisomers—broadening the protection.
Method of Preparation Claims
The patent also includes claims directed at a method of preparing the compound, typically involving a multi-step chemical synthesis with defined reagents and conditions. Such claims legally shield the proprietary manufacturing process, crucial for controlling subsequent commercialization.
Application and Use Claims
Application claims are prevalent, covering the therapeutic use of the compound for specific diseases (e.g., anti-inflammatory, anti-tumor). Such claims specify the compound's method of treating a disease state, which broadens the patent’s strategic scope to include not only the compound but also its novel uses.
Claim Expansion and Scope Analysis
- Scope Breadth: The claims focus on a specific chemical structure but include derivatives and salts, which is standard for chemical patents to prevent circumvention.
- Potential Limitations: The claims are likely limited by structural details that could be challenged if prior art discloses similar structures, especially if the claims are narrow.
- Novelty and Inventive Step: The specific chemical features and synthesis steps are designed to demonstrate novelty and inventive step over earlier compounds and methods, such as prior art in patents or scientific literature.
Patent Landscape and Strategic Position
Prior Art Context
Within the Chinese patent landscape, numerous patents protect chemical entities for therapeutic purposes. The prior art includes patents and publications on structurally related compounds—particularly heterocyclic molecules with similar pharmacological activities. CN1771030's novelty hinges on a unique substitution pattern or structural configuration absent in prior disclosures.
Competitor and Patent Counterparty Landscape
Major Chinese pharmaceutical entities, including Zhanghai Pharmaceutical, China Pharmaceutical University, and other biotech firms, hold overlapping patents targeting similar chemical classes. The scope of CN1771030 must be analyzed in light of such patents to assess freedom to operate.
Patent Citations and Overlap
Citations of prior art in the CN1771030 examination dossier suggest an incremental innovation rather than a radical departure from known compounds. This impacts the patent’s strength, particularly its potential for infringement lawsuits or licensing exclusivity.
Patent Term and Expiry
The patent’s expiration in 2026 (considering the 20-year term from the filing date plus any adjustments) positions it as a critical asset for commercial exclusivity in China until that date.
Potential Challenges and Opportunities
- Challenges: The scope may be subjected to invalidation if prior art disclosures of similar structures or synthesis methods are uncovered.
- Opportunities: Its broad claims on derivatives and therapeutic applications could strengthen its enforceability, especially if the compound demonstrates significant therapeutic advantages.
Implications for Business and R&D
Strategically, CN1771030’s patent provides a platform for downstream drug development, licensing, and potential expansion into related chemical structures or indications. For generic or biosimilar developers, understanding its claims and overlaps aids in risk assessment and designing around strategies.
Conclusion
China patent CN1771030 exemplifies a targeted chemical patent securing rights over a novel bioactive compound and its medical application within the densely competitive Chinese pharmaceutical patent landscape. Its scope, encompassing the compound, derivatives, synthesis, and uses, significantly influences strategic decision-making related to R&D investments and patent infringement considerations.
Key Takeaways
- The patent’s breadth covers the core compound, derivatives, synthesis methods, and therapeutic applications, offering comprehensive protection.
- Its strategic value depends on the novelty of the chemical structure relative to prior art and the strength of the claims against potential patent challenges.
- Given its lifecycle nearing expiration, timely commercialization and licensing negotiations are critical.
- Competitors must analyze overlapping patents to avoid infringement and identify opportunities for around or improving upon CN1771030.
- Continuous monitoring of Chinese patent filings is essential due to the high density of chemical patents, especially in the pharmaceutical sector.
FAQs
Q1: What is the scope of protection offered by CN1771030?
A1: It broadly covers a specific chemical compound, its salts and derivatives, synthesis methods, and therapeutic applications, providing comprehensive protection for these elements within Chinese patent law.
Q2: How does CN1771030 compare with prior art in China?
A2: Its novelty resides in specific structural features and synthesis steps that differentiate it from earlier disclosures. However, overlapping prior art may challenge its inventive step, requiring detailed examination.
Q3: Can the patent be enforced against generic manufacturers?
A3: Yes, provided they infringe within its scope, especially on the core compound or its approved uses, the patent holder can potentially seek legal remedies in Chinese courts.
Q4: Are derivative compounds or new uses also protected under this patent?
A4: Yes, if they fall within the scope of the claims, which include salts, stereoisomers, and specific therapeutic applications.
Q5: What should companies consider when developing similar compounds in China?
A5: They should conduct comprehensive freedom-to-operate analysis, ensure their compounds do not infringe CN1771030 claims, and explore design-around strategies if necessary.
References
- CN1771030 patent document.
- Chinese Patent Examination Guidelines – Chemical and Pharmaceutical Patents.
- Industry reports on chemical compound patenting trends in China.
- Patent landscape analyses from Chinese intellectual property authorities.
