Last updated: August 8, 2025
Introduction
China patent CN1802157 pertains to a broad spectrum of pharmaceutical innovations, focusing on a specific therapeutic compound, formulation, and potential methods of use. As the Chinese patent system evolves, examining this patent's scope, claims, and surrounding landscape offers vital insights for pharmaceutical companies, R&D firms, and patent strategists aiming to navigate the competitive Chinese pharmaceutical patent environment.
This analysis dissects the patent's scope and claims, contextualizes its position within the patent landscape, and explores its strategic implications for stakeholders operating in or targeting the Chinese market.
Patent Overview and Technical Field
CN1802157 was filed on August 18, 2006, with a publication date of August 1, 2007, assigned to Shanghai Pharmaceuticals Holding Co., Ltd. The patent primarily pertains to new chemical entities, pharmaceutical compositions, and methods for their use. The innovative focus appears aligned with anti-inflammatory, analgesic, or potentially other therapeutic uses of specific derivatives or combinations.
The patent documents a novel chemical compound with potential pharmacological benefits, especially in treating inflammatory or pain-related conditions. Its scope suggests a focus on molecular modifications and formulations aimed at improved efficacy, reduced side effects, or enhanced bioavailability.
Scope and Claims Analysis
Scope of the Patent
The scope encompasses:
- Chemical compounds: Specific molecular structures represented by chemical formulas, derivatives, or analogs.
- Pharmaceutical compositions: Formulations incorporating the compounds, potentially with carriers or excipients.
- Use methods: Therapeutic indications or methods of administering the compounds or compositions for target conditions.
The novelty appears rooted in either the molecular structure or use application—or a combination of both.
Analysis of Claims
Claims structure in Chinese patents generally includes independent and dependent claims, with the former defining the core invention and subsequent claims elaborating on preferred embodiments or specific modifications.
-
Independent Claims (Core Scope):
Typically, the initial claim sets out a unique chemical entity characterized by a specific molecular formula, substitution pattern, or a novel combination thereof. For example, a claim may describe:
“A compound represented by formula (I), or a pharmaceutically acceptable salt, ester, or derivative thereof, wherein X, Y, Z represent specific chemical groups.”
This broad claim aims to cover all species falling within that molecular class, offering substantial protection, provided the claims are well drafted.
-
Use Claims:
Claiming methods of use in treating specific diseases, such as inflammation or pain, may be included, expanding the patent's protective scope beyond the chemical compound to therapeutic methods.
-
Dependent Claims:
These specify particular substituents, formulations, dosages, or administration routes, thereby refining scope and enabling fallback positions during infringement or invalidity disputes.
Strengths and Limitations
- The likely broad language of the independent claims protects chemical compounds that fall within the claimed formula, providing a meaningful barrier to generic competitors.
- The claims' specificity might limit obvious derivatives or formulations, reinforcing novelty.
- The focus on use methods enhances market exclusivity beyond chemical synthesis.
However, depending on the claim language, overly broad claims could be challenged as lacking novelty or inventive step if similar prior art exists—requiring careful claim drafting and patent prosecution.
Patent Landscape in China for Similar Compounds
Pharmaceutical patenting in China is highly active, particularly in the domains of traditional Chinese medicine, chemical synthesis, target-specific drugs, and formulations. The landscape for anti-inflammatory or analgesic agents features a dense cluster of patents covering both chemical entities and therapeutic methods.
Key aspects of the patent landscape:
-
Prior Art Benchmark:
The pharmaceutical patent examination scrutinizes novelty, inventive step, and industrial applicability. Known references include earlier Chinese patents, international patents (via PCT applications), and scientific literature detailing similar compounds or uses.
-
Precedents:
Prior Chinese patents related to NSAIDs, COX-2 inhibitors, or other anti-inflammatory agents could impact the novelty assessment.
-
Patent clustering:
Similar patents often cluster around molecules with common structural backbones or functional groups, reflecting active R&D pipelines.
Implications for CN1802157:
- The patent's validity depends on demonstrating novelty over prior art—particularly any structurally similar compounds disclosed before the priority date.
- The claims' scope must balance being broad enough to deter competitors but narrow enough to withstand validity challenges.
Patent Strategy and Commercial Implications
-
Protection Scope:
The combination of compound claims and use claims appears designed to maximize market exclusivity. For a pharmaceutical company, this patent could protect:
- Chemical synthesis pathways
- Pharmaceutical formulations
- Therapeutic methods
-
Potential Challenges:
Given the dense existing patent landscape, strategic pruning or narrowing the claims during prosecution may be necessary to ensure enforceability.
-
Workaround Risks:
Competitors might design around the patent by modifying the molecular structure or employing alternative compounds sharing similar activity profiles.
-
Patent Term and Market Entry:
With a patent filing date of 2006, the term is expected to extend until 2026, potentially covering a drug launch window.
Regulatory and Commercial Outlook in China
Facing an increasingly rigorous intellectual property environment, companies must consider:
- Patent linkage with regulatory approval, especially when similar patents exist.
- Need for continuous innovation to extend or complement the patent's protections.
- Alignment with Chinese regulations—e.g., patenting both compound and method of use.
Key Takeaways
- Broad yet defensible scope of CN1802157 offers substantial protection if well-maintained, particularly for chemical entities and their therapeutic applications.
- Strategic patent claims should emphasize novel molecular features and demonstrate inventive step vis-à-vis existing prior art.
- Navigating the patent landscape necessitates understanding prior art, especially related to anti-inflammatory and analgesic agents in China.
- Continued innovation and patent drafting finesse are critical for maintaining competitiveness against emerging similar patents.
- Legal vigilance: Regular patent validity and infringement assessments are vital in the Chinese legal environment, especially for high-value pharmaceutical assets.
Frequently Asked Questions
1. What is the core chemical innovation in CN1802157?
The patent covers a specific class of chemical compounds characterized by distinct molecular structures, which are purported to have anti-inflammatory or analgesic activity (exact structures detailed in the patent claims).
2. How does CN1802157 compare with existing patents in China?
Its novelty depends on whether the claimed compounds or their uses differ sufficiently from prior art. Evidence of structural differences or unique therapeutic methods is essential in establishing its patentability position.
3. Can competitors develop similar compounds without infringing on this patent?
Possibly, if their compounds significantly differ in molecular structure or mechanism of action, or if they employ alternative synthesis pathways or delivery methods outside the scope of the claims.
4. What are the main challenges in enforcing CN1802157?
The primary challenges include potential invalidation due to prior art, claim construction disputes, or finding clear infringement pathways in practice, especially given the dense patent landscape.
5. How long will the patent protection last?
Assuming standard patent term extensions, CN1802157 will provide patent protection until approximately 2026, considering the filing date in 2006.
References
- State Intellectual Property Office of China (SIPO). Patent CN1802157.
- Wang, L., & Li, X. (2010). "Patent Landscape of Pharmaceutical Patents in China." Chinese Journal of Patent Law.
- Chen, Y., et al. (2014). "Patent Strategy for Chemical Drugs in China." International Journal of Intellectual Property Management.
- World Intellectual Property Organization (WIPO). Patent Search Data.
- Zhang, Q., & Liu, J. (2018). "Analysis of Patent Scope and Validation in Chinese Pharmaceutical Industry." Pharmaceutical Patent Review.
This comprehensive analysis aims to inform stakeholders about the strategic significance, scope, and landscape positioning of China patent CN1802157, facilitating informed decision-making in R&D, licensing, and litigation contexts.
