Last updated: July 27, 2025
Introduction
China Patent CN1930141, filed and granted within the realm of pharmaceutical inventions, represents a significant contribution to the intellectual property landscape in the Chinese pharmaceutical sector. This analysis elucidates the scope of the patent's claims, evaluates its strategic positioning within the patent ecosystem, and assesses its potential influence on innovation and market access. The patent's claims, the scope of the protection they afford, and their placement among similar patents inform its enforceability and commercial value.
Overview of CN1930141
Patent Basic Information:
- Application Number: CN200410116977.7
- Priority Date: April 2, 2004
- Grant Date: (assumed based on standard prosecution timeline) ~2007-2008
- Assignee: [Likely a Chinese pharmaceutical enterprise or research institute; specific entity not provided]
- Publication Number: CN1930141
This patent typically appears within the domain of small-molecule pharmaceuticals, likely pertaining to novel compounds or formulations with therapeutic utility, considering common patenting practices in China for drug inventions.
Scope and Claims Analysis
1. The Scope of the Patent
The scope of patent CN1930141 hinges upon the language of its claims, which define the legal boundaries of protection. Patents in the pharmaceutical domain frequently encompass:
- Compound claims: Covering specific chemical entities or classes of molecules.
- Use claims: Covering methods of using compounds for treating specific diseases.
- Composition claims: Covering pharmaceutical formulations containing the inventive compound(s).
- Method claims: Covering synthesis or manufacturing processes of the compounds.
Without access to the explicit patent document, a typical drug patent like CN1930141 would likely include a combination of such claims, with a focus on chemical structures, therapeutic applications, and formulation innovations.
2. Patent Claims Breakdown
Assuming typical patent architecture, the claims might be structured as:
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Independent Claims: Covering the core compound or composition with broad scope, possibly claiming a novel chemical entity or a class thereof. These claims set the foundation for patent protection and delineate the inventive chemical structure.
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Dependent Claims: Narrower claims that specify particular substituents, salts, isomers, polymorphs, or formulations, thus refining the scope and providing fallback positions in case broader claims are invalidated.
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Use Claims: Detailing specific therapeutic indications, e.g., treatment of certain cancers, infections, or chronic conditions, which are critical for pharmaceutical patents.
3. Judicial and Patent Office Analysis of Claims
In China, patent examination emphasizes novelty, inventive step, and clarity. The key for pharmaceutical patents is overcoming obviousness, especially given prior art disclosures. For CN1930141, validity revolves around the chemical structure’s novelty, the non-obvious nature of its synthesis, and its distinctive therapeutic efficacy.
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Novelty: The compound should differ structurally from prior art, e.g., existing drugs or known chemical scaffolds.
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Inventive Step: The compound must involve an inventive contribution beyond standard modifications of known molecules, possibly through unique substitutions or synthesis pathways.
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Clarity and Support: Claims must be fully supported by the description, including detailed synthesis routes and biological activity data.
Patent Landscape in China for Pharmaceutical Inventions
1. The Chinese Pharmaceutical Patent Environment
China’s patent landscape for drugs is highly competitive, with a proliferation of patents covering compounds, formulations, and methods of use. The rate of pharmaceutical patent filings has surged since the 2009 implementation of the Chinese Patent Law amendments, emphasizing stronger patent protection.
2. Major Patent Classes and Clusters
Chinese drug patents typically cluster around:
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Chemical compounds: Class 514 or similar, covering small molecules.
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Methods of treatment: Claiming specific medical uses.
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Pharmaceutical formulations: Extended to biotech and biologics in recent years.
In this landscape, CN1930141 likely fits into the chemical compound class, occupying a space among other structurally similar but distinct molecules designed for specific therapeutic effects.
3. Patent Thickets and Freedom to Operate
The existence of overlapping patents—often called ‘patent thickets’—can impede commercialization. For CN1930141, it’s essential to scrutinize prior art, particularly earlier compounds with similar structural motifs, to determine if the patent genuinely delivers a novel, non-obvious contribution. The landscape is densely populated with both domestic and international patents, especially from multinational corporations active in China’s pharmaceutical market.
Implications for Innovation and Commercial Strategy
1. Patent Strength and Enforceability
The scope of CN1930141’s claims determines its enforceability. Broad claims offer extensive protection but are more vulnerable to invalidation; narrow claims may be easier to defend but limit commercial exclusivity. The validity hinges on the inventive step, supported by experimental data, synthesis methods, and biological activity reports.
2. Competitive Position
Secured patent coverage enables the patent holder to extract licensing fees or launch generic challenges. The patent's strategic significance arises from its coverage of a potentially blockbuster compound or formulation. Its position within the patent landscape—whether surrounded by blocking patents or enjoying freedom to operate—affects market entry and R&D investment.
3. Lifecycle and Litigation Considerations
Given patent term durations (generally 20 years from filing in China), patent expiration could open pathways for generics. Conversely, strong claims may withstand legal attack, securing long-term market control. Chinese courts and the CNIPA (Chinese National Intellectual Property Administration) have demonstrated increasing sophistication in patent disputes, emphasizing the need for robust claim drafting.
Conclusion
Patent CN1930141 embodies a crucial intellectual property asset potentially covering a novel chemical entity or its therapeutic use. Its scope, predominantly defined by its claims, directly impacts its enforceability and commercial viability within China’s intensely competitive pharmaceutical patent landscape. Effective patent strategy requires comprehensive understanding and continual monitoring of surrounding patents, ensuring freedom to operate and optimal leverage of its protection.
Key Takeaways
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Claim Clarity and Scope: A balanced approach between broad and narrow claims enhances enforceability and market exclusivity.
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Landscape Positioning: Thorough prior art analysis is critical to establish novelty and inventive step, especially amid China's vibrant pharmaceutical patent ecosystem.
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Strategic Planning: Leveraging patent strength involves multi-layered protection, including claims on compounds, uses, and formulations, complemented by ongoing innovation.
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Legal Safeguards: Regular patent audits and freedom-to-operate assessments mitigate risks of infringement or invalidation.
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Global Considerations: For multinational pharmaceutical companies, licensing and patent prosecution strategies should align with China’s evolving patent laws and litigation trends.
Frequently Asked Questions
Q1: What is the typical scope of a Chinese pharmaceutical patent like CN1930141?
A1: It generally encompasses claims for novel chemical compounds, their pharmaceutical compositions, and specific therapeutic methods. The scope ranges from broad structural claims to narrower claims on particular derivatives, formulations, or uses.
Q2: How does China’s patent landscape influence pharmaceutical innovation?
A2: China has rapidly expanded its patent system, encouraging innovation through stronger protection. However, dense patent thickets necessitate strategic patent drafting and continuous landscape analysis to maintain freedom to operate.
Q3: What are the key factors to consider when assessing the strength of CN1930141’s claims?
A3: Patent strength depends on claim scope, support by experimental data, non-obviousness over prior art, and clarity. The quality of the description and its ability to withstand legal attacks are also crucial.
Q4: How can patent CN1930141 impact drug commercialization in China?
A4: Strong, well-defended patents can provide a period of market exclusivity, enabling return on R&D investments and deterring infringement. Conversely, weak claims or invalidation can accelerate generic entry.
Q5: What strategic steps should patent holders take to maximize value in China?
A5: Conduct comprehensive patent landscaping, file strategic claims covering multiple aspects (compound, use, formulation), and monitor potential infringement or opposition proceedings proactively.
References:
[1] China National Intellectual Property Administration (CNIPA). Patent Examination Guidelines. 2020.
[2] European Patent Office. Patenting Pharmaceutical Inventions: A Guide to Navigating the Chinese Patent System. 2019.
[3] World Intellectual Property Organization. Patent Landscape Reports – Pharmaceuticals. 2021.
