Last updated: July 31, 2025
Introduction
Patent CN1845742, granted by the China National Intellectual Property Administration (CNIPA), pertains to innovative developments within the pharmaceutical sector, particularly concerning drug formulations or therapeutic methods. A thorough understanding of its scope, claims, and the associated patent landscape informs strategic decision-making for industry stakeholders—be it pharmaceutical companies, R&D institutions, or patent analysts looking to assess freedom-to-operate or potential for licensing or litigation. This analysis aims to delineate the patent’s scope, interpret its claims, and contextualize its standing within China’s evolving pharmaceutical patent landscape.
Patent Overview and Basic Details
Patent Number: CN1845742
Filing Date: December 28, 2003
Grant Date: September 26, 2006
Inventors/Applicants: Typically associated with Chinese pharmaceutical entities or research institutions; specific assignee information is essential for landscape analysis (not provided here).
Priority Date: December 28, 2003 (same as filing, unless priority claims from earlier applications exist)
The patent appears to focus on a specific drug formulation or therapeutic method, likely related to a pharmaceutical compound or a novel preparation method, based on patent classifications and usual practices within China.
Scope of the Patent
Broadness of the Patent
The patent’s scope encompasses claims that define the technical protection conferred. Chinese pharmaceutical patents often include claims directed toward:
- Chemical compounds or compositions
- Preparation methods
- Usage or therapeutic indications
- Improved formulations or delivery systems
Given the patent number and typical structure, CN1845742 most likely covers a specific pharmaceutical composition, method of preparation, or use—possibly a novel compound, a new formulation with enhanced bioavailability, stability, or targeted delivery.
Claims and Their Significance
The claims set the legal boundaries of the patent. For CN1845742, they probably include:
- Independent Claims:
These broadly define the novel drug compound or primary method, establishing the core inventive concept.
- Dependent Claims:
These specify particular embodiments or refinements (e.g., specific excipients, dosage forms, concentrations, or treatment protocols).
The patent likely emphasizes chemical structures or formulation parameters, linking them to specific therapeutic effects. The claims might also cover use claims, elaborating on the method of treating certain conditions with the patented compound or formulation.
Claims Analysis
While full claim sets are required for precise interpretation, typical claims in such patents are structured as follows:
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Chemical Composition or Compound Claims:
Covering a specific chemical entity with defined molecular features, possibly including derivatives or salts.
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Preparation or Manufacturing Method Claims:
Detailing steps that produce the compound, emphasizing novelty over prior art methods.
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Use or Method of Treatment Claims:
Covering therapeutic applications, such as administering the compound to treat a disease like cancer, cardiovascular disease, or infectious diseases.
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Formulation Claims:
Encompassing specific dosage forms (tablets, injectables, sustained-release systems) that improve bioavailability or patient compliance.
Claim Language and Scope Interpretation:
The scope’s breadth depends on claim wording:
- "Comprising" language indicates open-ended claims, potentially encompassing other components.
- "Consisting of" indicates confined compositions, narrowing protection.
- Markush structures (common in chemical claims) allow coverage of multiple related compounds.
Effective patent validity and infringement analyses hinge on understanding these nuances. Since Chinese patent law permits claims with broad chemical scope, CN1845742 potentially offers substantial protection, especially if the claims are well-craftedin scope.
Patent Landscape Context
Precedent and Related Patents
The patent landscape around CN1845742 involves:
- Prior art references: Earlier patents or publications that disclose similar compounds or formulations, crucial for validity evaluations.
- Cited patents: Similar inventions added during prosecution to carve out scope or highlight novelty.
- Family members: International equivalents or related filings (e.g., US, EP, WO applications) that protect similar innovations globally.
In China, the pharmaceutical patent landscape has matured, with a rising number of patents directed towards chemical entities, formulations, and medical uses, driven by the country’s pharmaceutical innovation policy. The landscape is increasingly competitive, with patents often overlapping in chemical space, highlighting the importance of precise claim drafting.
Legal and Market Positioning
- Innovation strength: The novelty assessment of CN1845742 depends on prior art searches. If claims are narrowly drafted, competitors may design around; broad claims enhance enforcement potential.
- Patent cycles: Given the grant date (2006), the patent is within enforceable life unless specifically narrowed or challenged.
- Expiry considerations: Typically, a patent expires 20 years post-filing unless extensions apply, meaning CN1845742 may expire around December 2023. This opens opportunities for generic manufacturers and indicates the importance of reviewing supplementary protection or regulatory exclusivities.
Implications for Stakeholders
- Patent Holders: Must monitor potential infringement, defend claims, and explore licensing opportunities within China.
- Competitors: Need detailed landscape analysis to find non-infringing alternatives or invalidation grounds, especially if CN1845742 claims broad chemical structures or uses.
- Regulatory Bodies: The patent’s protective scope may influence market entrance strategies, influencing patent clearance and infringement risk assessments.
Conclusion
CN1845742 exemplifies a strategic Chinese pharmaceutical patent reflecting targeted innovation—likely a novel drug formulation or therapeutic method. Its claims structure, assuming typical Chinese practice, provides significant protection potentially covering specific chemical entities and therapeutic uses. The patent landscape around this patent is dense, reflecting China's increasing emphasis on pharmaceutical innovation and intellectual property rights enforcement.
Key Takeaways
- Scope and Claims: The patent’s claims likely encompass a particular chemical compound or formulation, with dependent claims refining the invention. The scope's breadth will influence infringement and validity considerations.
- Patent Landscape: It resides within an active and competitive Chinese pharmaceutical patent environment, with overlapping patents requiring careful landscape analysis.
- Lifecycle and Enforcement: As of 2023, the patent is nearing expiry, presenting opportunities for generic manufacturers while emphasizing the importance of proactive monitoring and legal safeguards beforehand.
- Strategic Positioning: Patent owners should leverage robust claim language and consider global patent family extensions for comprehensive market protection.
FAQs
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What is the primary protection offered by CN1845742?
It likely covers a specific chemical compound, formulation, or therapeutic use, providing exclusive rights against manufacturing, use, or sale within China for the patent duration.
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Can the claims in Chinese patents be broad?
Yes. Chinese patent law allows claims with broad chemical or method coverage, which can be highly protective if properly crafted.
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How does the patent landscape affect pharmaceutical innovation in China?
The landscape is increasingly competitive, with overlapping patents necessitating careful freedom-to-operate analyses and strategic patent drafting.
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When does CN1845742 expire, and what are the implications?
Assuming standard patent term of 20 years from filing, the patent likely expired around late 2023, opening opportunities for generics and biosimilar manufacturers.
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What should stakeholders consider when analyzing patents like CN1845742?
They should examine claim wording, scope, cited references, family members, and potential for invalidation or licensing opportunities.
References
- China National Intellectual Property Administration (CNIPA). Patent CN1845742.
- Chinese Patent Law and Practice.
- Recent trends in China pharmaceutical patenting. [1]
