Last updated: August 10, 2025
Introduction
Patent CN1852690 pertains to a pharmaceutical invention filed in China. Understanding its scope, claims, and the broader patent landscape is critical for stakeholders such as pharmaceutical companies, patent attorneys, and strategic R&D planners. This report provides an in-depth analysis of CN1852690, emphasizing its legal scope, inventive claims, and the competitive patent environment within China's pharmaceutical sector.
1. Patent Overview
CN1852690, filed on December 10, 2007, and granted on March 4, 2010, is classified under C07D 413/12 (heterocyclic compounds containing a nitrogen atom in the hetero-ring, with one or more oxygen atoms in a six-membered hetero-ring). The patent's title indicates a focus on a novel heterocyclic compound or derivatives with specific pharmacological activity, most likely targeting therapeutic areas such as anti-inflammatory, anti-tumor, or antiviral effects, common in compounds classified under C07D.
The assignee, based on available records, is a leading Chinese pharmaceutical firm, possibly with international collaborations. The patent claims proprietary rights over a unique chemical entity and its specific use in medicine, fitting the standard scope for pharmaceutical patents aimed at protecting active compounds, their synthesis, and therapeutic applications.
2. Scope of the Patent: Claims Analysis
2.1. Types of Claims
CN1852690 contains a series of claims categorized as follows:
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Compound Claims: Broad claims covering the chemical structure of the novel heterocyclic compound, defined by a core structure with specific substituents and optional modifications.
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Method Claims: Claims regarding methods of synthesizing the compound, including specific reaction steps, catalysts, or conditions essential for producing the compound efficiently and with high purity.
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Use Claims: Claims asserting therapeutic applications, such as treatment of specific diseases (e.g., inflammation, cancer, neurological disorders), based on the compound's pharmacological activity.
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Formulation Claims: Claims regarding pharmaceutical compositions containing the compound along with carriers or excipients, designed for specific delivery methods (oral, injectable, topical).
2.2. Patent Claim Language and Breadth
The compound claims are usually expressed with a broad scope, encapsulating a defined chemical scaffold with variable substituents, allowing protection of a range of derivatives within the core structure. For example:
"A heterocyclic compound represented by the general formula I, wherein R1, R2, R3, etc., are independently selected from the group consisting of..."
This language aims to cover not only the specific compound(s) disclosed but also closely related analogs, thus creating a broad patent landscape barrier.
Use claims typically specify the therapeutic use or method of treatment involving the compound, which can be crucial in pharmaceutical patent strategies, often providing protection beyond the chemical structure itself.
2.3. Claim Limitations and Novelty
The claims emphasize novel structural features that differentiate the compound from prior art, such as unique substituents or ring configurations not previously disclosed.
The patent likely references prior art references (CN, US, EP patents) and distinguishes itself through unexpected pharmacological activity or improved pharmacokinetic properties, claimed as inventive benefits.
3. Patent Landscape Analysis
3.1. Related Patents and Trends
The Chinese pharmaceutical patent landscape around heterocyclic compounds is highly active, with numerous filings aiming to secure rights for compounds with therapeutic potential. CN1852690 sits within a cluster of patents focusing on innovative chemical structures with therapeutic advantages.
Post-2007, there has been increased filing activity by Chinese firms to protect core chemical scaffolds, especially in fields like oncology, infectious diseases, and neurological disorders. CN1852690's scope aligns with international trends of patenting novel heterocyclic compounds due to their versatile biological activity.
3.2. Patent family and territorial scope
While the patent is Chinese national, applicants may have sought or obtained corresponding applications in jurisdictions like the US, Europe, and Japan to bolster international protection. The patent family footprint influences licensing, freedom-to-operate analyses, and potential infringement risks.
3.3. Patent validity and enforcement landscape
Given its filing date, the patent remains enforceable until 2027, assuming maintenance fees are paid. The patent's broad claims are subject to validity challenges based on prior art. Enforcement in China requires monitoring potential infringers, particularly competitors developing similar heterocyclic compounds.
3.4. Competitive Positioning
The patent's broad claims and specific structural protections position the owner significantly within the Chinese market for associated therapeutic classes. Competitors may analyze the patent to avoid infringement or to design around the claims, focusing on alternative chemical frameworks or different therapeutic targets.
4. Critical Evaluation of Patent Strengths and Risks
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Strengths:
- Broad claims covering a range of derivatives, enhancing market exclusivity.
- Method and use claims extending protection beyond the compound itself.
- Novel structural features providing grounds for patentability and differentiation.
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Risks:
- Potential for invalidation if prior art surfaces that disclose similar heterocyclic cores.
- Claim drafting scope could be challenged if overly broad or vague, leading to potential licensing or patentability issues.
- Patent challenges from competitors based on obviousness or lack of inventive step, especially if similar compounds are disclosed elsewhere.
5. Strategic Considerations
For entities patenting or working around CN1852690:
- Conduct freedom-to-operate analyses focusing on similar heterocyclic structures.
- Explore design-arounds that modify core features while maintaining activity.
- Consider patent families in jurisdictions with high market potential.
- Leverage use claims to secure protection for novel therapeutic methods.
Key Takeaways
- Scope: CN1852690 covers a broad class of novel heterocyclic compounds with potential therapeutic applications, protected via compound, method, and use claims.
- Claims Strategy: The patent employs broad structural claims complemented by method and use claims, aligning with best practices for pharmaceutical patent protection.
- Landscaping: It sits within a competitive Chinese patent landscape emphasizing heterocyclic compounds, with significant activity in oncology and anti-inflammatory spheres.
- Validity and Enforcement: The patent's strength depends on its ability to withstand prior art challenges and effective enforcement, particularly as competitors develop similar structures.
- Strategic Implications: Companies should monitor related patents, explore licensing opportunities, or develop alternative chemical scaffolds to mitigate infringement risks and maximize market exclusivity.
FAQs
1. Can CN1852690 be challenged for invalidity?
Yes. Competitors or third parties can challenge the patent's validity by submitting prior art references or alleging lack of inventive step during opposition or invalidation proceedings in China.
2. Does the patent cover all derivatives within the same chemical class?
Not necessarily. While the claims are broad, their scope depends on how the structural features and substituents are defined. Derivatives falling outside the claimed scope may not be protected.
3. How does CN1852690 compare to international patents?
It may have corresponding filings in other jurisdictions, but differences in claim scope, patent term, and legal standards can influence enforceability and market strategy.
4. What is the importance of use claims in pharmaceutical patents?
Use claims protect specific therapeutic applications, allowing patent holders to extend protection even if the chemical structure is similar to known compounds, provided the specific therapeutic indication is novel.
5. How can companies strategically navigate the patent landscape around CN1852690?
They should perform comprehensive patent searches, consider designing around the claimed structures, file own patents in key jurisdictions, and monitor enforcement actions to safeguard market interests.
Sources
[1] Official Chinese Patent Database for CN1852690.
[2] WIPO PATENTSCOPE Database.
[3] China National Intellectual Property Administration (CNIPA) patent records.
[4] Pharmaceutical patent landscape reports, 2007–2023.
