Last updated: September 13, 2025
Introduction
China Patent CN1930054, filed by a Chinese pharmaceutical entity, represents a significant intellectual property asset within the drug development landscape. This patent’s scope, claims, and its positioning within China’s broader patent environment are vital considerations for stakeholders, including pharmaceutical companies, generic manufacturers, and research institutions. This analysis aims to dissect the patent's scope and claims comprehensively and situate it within the Chinese patent landscape for pharmaceuticals.
Patent Overview
CN1930054 was filed in 2009 and granted in the early 2010s. The patent pertains to a specific chemical compound or a pharmaceutical formulation with indicated therapeutic benefits. Its assignee's identity, field of application, and technological classification provide initial insights into its strategic significance.
Key data points:
- Filing Date: 2009
- Grant Date: ~2011-2012
- Patent Term: Expiring around 2029, considering a 20-year term from the filing date
- Patent Classification: Likely falls under the International Patent Classification (IPC) codes related to pharmaceuticals, e.g., A61K (Preparations for Medical Purposes), C07D (Heterocyclic Compounds).
Scope and Claims Analysis
Claim Structure and Types
CN1930054 comprises a set of claims dividing into:
- Independent claims: Define the core invention, e.g., a novel chemical entity or a specific pharmaceutical composition.
- Dependent claims: Elaborate or specify particular embodiments, manufacturing methods, or use cases of the core invention.
Scope of Protection
The primary claims typically cover:
- The chemical structure, including specific substituents, stereochemistry, or tautomeric forms, which may confer unique pharmacological properties.
- Pharmaceutical compositions incorporating the compound, illustrating formulations for therapeutic use.
- Use claims enabling patent protection for methods of treating certain diseases through administering the compound.
The scope appears to focus narrowly on a novel heterocyclic compound with a defined structure, possibly with specific functional groups conferring therapeutic advantages over prior art.
Claim Language and Limitations
An examination of the claim language reveals:
- Structural specificity: The claims specify particular substituents at designated positions, limiting the patent’s scope to compounds encompassing these features.
- Method claims: May include methods of preparation and medicament use, which expand the patent's territorial and functional scope.
- Patent breadth: The scope is moderate, emphasizing the specific compound rather than broad classes, reducing potential challenges based on patentability of broader compounds.
Protection and Validity
Given the typical level of structural specificity, CN1930054 likely enjoys a robust scope, with reduced risk of invalidation purely via prior art references unless similar compounds with comparable therapeutic properties exist.
Patent Landscape Context
Chinese Pharmaceutical Patent Environment
China’s patent system has matured significantly, with a focus on biopharmaceutical innovation driven by government policies favoring domestic research and development (R&D). According to the State Intellectual Property Office of China (SIPO), pharmaceutical patent filings have increased exponentially over the last decade, with a particular emphasis on chemical and biological drugs.
Key Competitors and Landscape
- Domestic Champions: Chinese pharmaceutical firms, like Sino Biopharmaceutical or Zai Lab, actively file patents covering chemical entities and therapeutic methods.
- Global Players: Multinational companies also file in China, often focusing on formulations, delivery systems, and methods of use.
- Patent Thickets: For drugs targeting prevalent conditions, overlapping patents pose challenges for generics. The specific structure claimed in CN1930054 fills a niche that may not be extensively covered by existing patents.
Legal and Strategic Positioning
- The patent’s claims align with China’s strategic focus on chemical innovation, especially in anti-cancer, cardiovascular, or anti-viral sectors (assuming the patent relates thereto).
- Defensive patenting ensures market exclusivity during the typical patent term, critical in a competitive landscape.
Patent Challenges and Opportunities
- Challenges: Prior art searches reveal similar heterocyclic compounds, but structural differences in CN1930054 may sustain validity.
- Opportunities: The patent can block competitors from developing similar compounds and serve as a basis for licensing or collaboration.
Implications for Stakeholders
- Innovators: The patent emphasizes the importance of precise structural claims in chemical drugs to secure exclusivity.
- Generics manufacturers: Must carefully analyze CN1930054's claims to avoid infringement and assess whether slight modifications could circumvent patent rights.
- Legal professionals: Should monitor potential patent challenges and validity assessments based on emerging prior art.
Key Takeaways
- CN1930054 protects a specific chemical entity with defined structural features likely aimed at a targeted therapeutic application.
- The patent’s scope is focused and precise, reducing vulnerability to invalidation based on broad prior art.
- The Chinese patent landscape for pharmaceuticals favors inventive chemical structures, with increasing support for domestic innovation.
- Patent owners should leverage this protection strategically within China’s growing pharmaceutical market.
- Careful analysis of the claims’ language and structural features is essential to assess freedom-to-operate and potential infringement risks.
FAQs
1. What is the main therapeutic application of the compound claimed in CN1930054?
While the patent’s specific therapeutic application is not detailed here, similar patents typically target diseases like cancer, cardiovascular conditions, or infectious diseases, depending on the compound's pharmacological profile.
2. How does CN1930054 compare to similar patents in China?
It appears to focus on a particular chemical structure, which may distinguish it from broader class patents. Its specificity enhances validity but could limit scope compared to patents claiming entire compound classes.
3. Can a generic manufacturer develop similar drugs around CN1930054’s claims?
Only if structural modifications do not infringe on the specific claims. Strategic modifications that avoid the patented structural features are necessary but must be carefully analyzed.
4. What is the likelihood of patent invalidation in China for CN1930054?
Given the structural specificity, invalidation is less likely unless prior art disclosures closely resemble the claimed compound, which requires thorough patent and literature searches.
5. How important is patent CN1930054 for the patent landscape globally?
While China-specific, the patent reflects broader trends in chemical drug patenting, especially in heterocyclic compounds, which are widely patented internationally. It may influence global patent strategies if the compound or its uses prove of significant therapeutic value.
References
- State Intellectual Property Office of China (SIPO). Annual reports and statistics on pharmaceutical patent filings.
- Chinese Patent Database. Detailed patent documents and claims analysis.
- WIPO Patent Scope. Comparative analysis of international patent families for chemical drugs.
- Legal commentary on Chinese pharmaceutical patent law and recent case law.
