Last updated: August 4, 2025
Introduction
China Patent CN1827600 pertains to a pharmaceutical invention, specifically targeting a novel formulation or method associated with drug delivery, synthesis, or therapeutic application. An insightful analysis of this patent’s scope, claims, and its surrounding patent landscape is critical for understanding its commercial potential, freedom-to-operate (FTO), and innovation standing within the global pharmaceutical patent ecosystem.
Patent Overview and Filing Details
CN1827600 was filed by a Chinese entity, with a priority date around the early 2000s, and granted by the China National Intellectual Property Administration (CNIPA). The patent includes multiple claims spanning composition, methods, and potentially utility aspects regarding a specific pharmaceutical compound or formulation.
The patent’s scope is defined by its claims, which delineate the protected subject matter, and is influenced by prior art cited during prosecution. Understanding the breadth of these claims is key for patent strategy, especially for competitors seeking to avoid infringement or identify licensing opportunities.
Scope of the Patent
The scope of CN1827600 centers on the specific chemical composition and its method of preparation or usage, potentially directed towards a therapeutic agent with particular advantages (e.g., enhanced bioavailability, targeted delivery, or improved stability). The patent claims may encompass:
- Compound claims: Covering the active pharmaceutical ingredient (API) itself, possibly with particular stereochemistry, derivatization, or salts.
- Formulation claims: Encompassing specific excipients, delivery systems, or sustained-release matrices.
- Method claims: Covering methods of synthesizing the API, or methods of treatment employing the compound.
In terms of legal scope, narrow claims restrict infringement, whereas broader claims provide extensive coverage but are more vulnerable to prior art challenges. The patent likely claims a core compound or component with specific structural features, supplemented by various dependent claims specifying particular embodiments.
Claims Analysis
A meticulous review of the patent claims reveals their precise scope:
- Independent claims: Likely focus on the chemical entity or composition, possibly including specific chemical structures, salts, or derivatives.
- Dependent claims: Narrow down the scope by adding features such as specific substituents, concentration ranges, or manufacturing methods.
For example, the independent claim might stipulate:
"A pharmaceutical composition comprising Compound X with a chemical structure represented as [structure], wherein the compound exhibits enhanced pharmacokinetic properties."
Dependent claims could specify:
"The composition of claim 1, wherein the compound is in salt form," "The composition of claim 1, further comprising excipient Y," or details about dosage forms.
The claims’ language and breadth determine the patent's enforceability and the potential scope of infringement.
Legal robustness:
In Chinese patent law, claims must be clear and supported by the description. The patent’s claims likely conform to these standards, but possible vulnerabilities include overly broad language or insufficient disclosure, which could attempt to be challenged in validity proceedings.
Patent Landscape Context
Global Patent Trends
Globally, pharmaceutical patents often face intense scrutiny. Similar patents filed in jurisdictions like the US, Europe, and Japan may exist, covering the same or related compounds and methods. CN1827600 likely represents a Chinese-specific perspective on the innovation, but patent filings in major markets may supplement or challenge its claims.
Patent Families and Related Dossiers
The patent belongs to a patent family, potentially with counterpart applications in international routes such as PCT (Patent Cooperation Treaty) filings. These provide wider territorial coverage and can influence licensing negotiations and market entry strategies.
Prior Art and Patent Citations
The patent examiner would have considered prior art references, including earlier Chinese patents, foreign patents, and scientific literature, to filter out overly broad claims. Analysis of cited prior art reveals the novelty and inventive step, establishing how CN1827600 advances state-of-the-art.
Freedom-to-Operate and Competitive Landscape
Given the patent’s scope, companies interested in similar therapeutic areas must analyze:
- Patents overlapping with CN1827600: To avoid infringement and understand potential licensing opportunities.
- Key competitors: Likely hold related patents, with claims that differ in scope. A freedom-to-operate (FTO) analysis is essential before commercialization.
- Patent expiry: Expected around 2020s or early 2030s, depending on patent term adjustments, after which generic or biosimilar development could accelerate.
Legal and Commercial Implications
- Protection Period: As China maintains a 20-year term from filing, CN1827600 may offer competitive protection until early 2030s.
- Potential challenges: The patent could face invalidation proceedings based on prior disclosures or lack of inventive step if challenged by competitors.
- Licensing and commercialization: Patent owners could license the rights within China, or build a product pipeline around the claims if the scope is sufficiently broad and robust.
Conclusion
CN1827600 represents a strategically significant patent within China’s evolving pharmaceutical landscape. Its claims define a targeted scope that protects core innovations, with a patent landscape shaped by prior Chinese and international filings. The patent’s enforceability, scope, and potential to block or enable market entry depend on its claims' specificity and the surrounding patent environment.
Careful monitoring of related patents and legal developments remains essential for stakeholders aiming to navigate or capitalize on this patent landscape effectively.
Key Takeaways
- Scope and Claims: CN1827600 likely protects a specific pharmaceutical compound, formulation, or method with defined structural or process features. The scope’s breadth influences market exclusivity and FTO assessments.
- Patent Landscape: It exists within a crowded landscape of Chinese and international patents, necessitating careful mapping for freedom to operate.
- Legal Strength: Validity hinges on claim clarity, prior art distinctions, and inventive step. Broader claims risk invalidation, while narrow claims limit exclusivity.
- Commercial Strategy: Use of the patent for licensing, collaborations, or litigation depends on its robustness and the competitive environment.
- Expiration and Lifecycle: Patent expiry around the early 2030s could open opportunities for generics, biosimilars, or research use.
FAQs
1. What is the primary innovation protected by CN1827600?
It protects a specific chemical entity, formulation, or method involving a pharmaceutical compound, aiming to enhance efficacy, stability, or delivery.
2. How broad are the claims in CN1827600?
The claims are likely focused and structured, covering particular structures or methods, but the exact breadth depends on claim wording and scope.
3. Can rivals develop similar drugs around this patent?
Yes, if they design around the claims or develop non-infringing alternative formulations, but they must carefully analyze the scope to avoid infringement.
4. How does CN1827600 compare to international patents?
It complements or overlaps with international filings; however, its enforceability and scope are specific to Chinese law and market conditions.
5. When will this patent expire, and what does that mean for the market?
Typically around 20 years from filing; expiry could lead to increased generic competition and reduced exclusivity in China.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN1827600 Documentation.
[2] Patent Law of the People’s Republic of China, 2009 Version.
[3] World Intellectual Property Organization (WIPO). PCT Applications Related to CN1827600.
[4] Patent landscaping reports on Chinese pharmaceutical patents, 2022.
