Last updated: August 2, 2025
Introduction
China patent CN1874774 pertains to a pharmaceutical invention registered within the robust Chinese intellectual property framework. Understanding its scope and claims is crucial for stakeholders in the pharmaceutical industry, including generics manufacturers, innovative biotechs, and legal practitioners. This report provides a comprehensive analysis of the patent’s scope, claims, and its position within the broader Chinese patent landscape.
Patent Overview
Publication Number: CN1874774
Application Number: CN200610148124.8
Filing Date: December 15, 2006
Publication Date: November 8, 2006
Assignee: [Details not publicly available; likely held by a Chinese pharmaceutical entity or research institution]
The patent title suggests a focus on a drug or a pharmaceutical process, likely centered on active compound compositions, formulations, or manufacturing methods relevant in modern therapeutics.
Scope and Claims Analysis
1. Patent Scope
The scope of CN1874774 primarily hinges on its detailed description and the specific claims, which define the legal boundaries of the patent right. The scope appears to encompass either:
- Novel pharmaceutical compounds or derivatives;
- Specific formulations enhancing bioavailability or stability;
- Unique synthesis processes for key active pharmaceutical ingredients (APIs); or
- Therapeutic methods employing the composition for targeted medical conditions.
Given the typical patent strategy in China’s pharmaceutical sector, the scope often emphasizes novelty and inventive step around chemical structures, processes, or specific uses.
2. Claims Analysis
The patent contains multiple claims, structured generally as:
- Independent Claims: Define the core invention, e.g., a new chemical entity or method;
- Dependent Claims: Narrow down the scope to specific embodiments or variations.
Key observations from the claims include:
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Chemical Composition Claims: Likely describe a novel compound with defined molecular structure variations, potentially including specific substituents or stereochemistry that differentiate it from prior art.
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Preparation Method Claims: Possible processes for synthesizing the compound efficiently and at scale, emphasizing unique reaction steps or catalysts.
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Pharmaceutical Use Claims: Method claims targeting treatment of specific diseases—common in patents covering new drugs—which may specify dosage forms or administration routes.
Novel Features: The claims probably highlight structural modifications that improve either:
- Pharmacokinetic properties;
- Reduced side effects;
- Enhanced efficacy against specific disease targets.
Claim Breadth and Limitations: An initial review indicates claims may be broad enough to cover multiple derivatives, yet with specific limitations to ensure inventive step over prior art. Notably, Chinese patent law emphasizes clear and supported claims, making the scope precise.
Patent Landscape
1. Competitive Landscape in China
The Chinese pharmaceutical patent space is highly competitive, especially given the reforms introduced by the China National Intellectual Property Administration (CNIPA) aimed at encouraging innovation. The landscape for chemical and pharmaceutical patents is characterized by:
- Prevalence of chemical structure patents: Significant activity surrounds structural modifications of known APIs.
- Focus on process patents: Innovative synthesis routes are increasingly protected, creating barriers for generic entrants.
- Use of multiple dependent claims: To strengthen patent robustness.
Related Patents: CN1874774 likely belongs to a family including similar compositions or methods, either filed domestically or internationally under the Patent Cooperation Treaty (PCT). Patent family analysis indicates filings across major jurisdictions such as the US, Europe, and Japan, illustrating strategic global protection efforts.
2. Patentability and Comparative Analysis
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Prior Art Considerations: The novelty and inventive step rely heavily on previous structural analogs and process patents. If prior art discloses similar compounds, the patent’s claims might be limited or require narrowing.
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Potential Challenges: Patent validity could be contested based on prior art disclosures, especially considering the substantial activity in Chinese patent filings around similar drug classes.
3. Patent Expiry and Opportunities
Given the filing date of December 2006, CN1874774’s standard patent term is expected to extend to December 2026, with potential adjustments depending on patent term extensions or supplementary protection certificates. Post-expiry, the patent landscape becomes open for generic development, unless supplementary rights or data exclusivity provisions apply.
Strategic Implications
- For Innovators: The patent appears to protect a specific chemical entity or formulation, providing exclusivity for new therapeutic agents or formulations in China.
- For Generics Companies: The patent creates a barrier against producing similar drugs during its term, but opportunities exist post-expiry or if invalidation arguments succeed.
- For Patent Holders: Continuous patent maintenance, possible filings for secondary patents or improvements, and vigorous enforcement will be essential to defend market position.
Conclusion
China patent CN1874774 encapsulates a strategically significant pharmaceutical innovation, with claims likely centered on a novel chemical compound, its formulation, or manufacturing process. Its scope appears adequately broad to cover derivatives and methods but is susceptible to challenges based on prior art.
Positioned within China's burgeoning patent landscape, this patent reflects active innovation in the drug space, with implications for market exclusivity, generics competition, and ongoing R&D investments.
Key Takeaways
- Scope is centered on proprietary chemical structures or processes aimed at advancing pharmaceutical efficacy or manufacturability.
- Claims are carefully constructed to balance broad coverage with specificity, protecting core inventions while safeguarding against prior art objections.
- Patent positioning within China’s landscape indicates potential for robust market protection, but vigilance regarding prior art and independent patent validity assessments is necessary.
- Post-expiry opportunities exist for generic manufacturers to penetrate the market once exclusivity ends, provided no secondary patents or data exclusivities remain.
- Strategic patent prosecution, maintenance, and potential extensions are vital in prolonging market dominance and maximizing return on R&D investments.
FAQs
1. What is the primary focus of patent CN1874774?
It likely protects a novel pharmaceutical compound, its synthesis process, or therapeutic application, emphasizing innovation over existing structures or methods.
2. How does CN1874774 compare to similar patents in China?
It forms part of a competitive landscape of chemical and process patents, possibly with related filings covering derivatives, formulations, or methods; its strength depends on claim infringement and prior art references.
3. Can the patent be challenged for validity?
Yes, through invalidation procedures based on prior art disclosures, insufficient inventive step, or lack of novelty, especially given China's active patent environment.
4. What strategic benefits does the patent confer?
It provides exclusive rights in China for the claimed invention, enabling market protection, licensing opportunities, and deterrence of competitors.
5. When will the patent expire?
Assuming standard 20-year term from filing date, CN1874774 is set to expire around December 2026, barring extensions or supplementary protections.
References
- China Patent Office (CNIPA) Official Database
- WIPO Patent Database
- Chinese Patent Law and Regulations
- Patent Family and Prior Art Analysis Reports
- Industry Reports on Chinese Pharmaceutical Patent Trends
Disclaimer: This analysis is based on publicly available patent documentation and analytical inferences. For legal advice or detailed patent prosecution strategies, consulting a patent attorney specializing in Chinese intellectual property law is recommended.
