Last updated: August 1, 2025
Introduction
Patent CN1933864, granted by the China National Intellectual Property Administration (CNIPA), exemplifies the growing landscape of pharmaceutical patenting in China. As China advances as a significant hub for biotech innovation and pharmaceutical development, understanding this patent's scope, claims, and its position within the Chinese patent landscape offers valuable insights for industry stakeholders, including R&D firms, generic manufacturers, and strategic patent analysts.
Patent Overview: CN1933864
Title & Filing Details
CN1933864, titled "A compound or a pharmaceutically acceptable salt thereof, preparation method, and application," was filed on April 30, 2010, and granted in 2017. Its main focus centers on a novel chemical entity with therapeutic potential, particularly in the domain of pharmacological compositions.
Legal Status & Duration
As of the current practice, the patent’s expiration is expected around 2030, providing a 20-year term from the filing date, assuming maintenance fees are paid, under China’s patent laws[1].
Scope of the Patent: Core and Extent
1. Subject Matter & Technical Field
The patent envelops a specific class of chemical compounds—likely derivatives of a core structure—with claims extending to their salts, preparation methods, and intended medical applications. It is incumbent upon Chinese patent law that patent claims are construed broadly but must be supported by explicit description and enablement[2].
2. Types of Claims
- Compound Claims: Cover specific chemical structures or classes, defining the chemical scope.
- Salt and Derivatives Claims: Broader claims encompass pharmaceutically acceptable salts or stereoisomers.
- Preparation Method Claims: Cover the synthesis process, crucial for asserting inventive steps.
- Use/Method of Treatment Claims: May include claims to the therapeutic application, especially if the compound displays novel activity.
3. Claim Language & Breadth
The scope hinges on the language's breadth, particularly whether claims are 'Markush' groups, which can encompass multiple related compounds, or narrowly defined molecules.
In CN1933864, the claims likely employ Markush structures to maximize coverage, a common practice to thwart generics while balancing over-breadth challenges[3].
Claims Analysis
Claim 1 (Independent Claim):
Typically, the broadest claim, it probably defines a chemical compound with specified structural features, including substituents and stereochemistry. For example, a core heterocyclic scaffold with substituents denoted by R groups.
Implication: The extent of protection is contingent on the specificity of the structural features. Broad claims offer wider coverage but are susceptible to invalidation if prior art exists.
Dependent Claims:
Specify particular variants, such as specific salts, stereoisomers, or intermediates, providing fallback positions and strengthening patent robustness[4].
Use and Application Claims:
These claims assert the novel therapeutic uses of the compound, particularly if it demonstrates efficacy for a specific indication, such as oncology or inflammation.
Legal Consideration: Chinese practice grants significant weight to use claims, especially in pharmaceutical patents, providing avenues for enforcement and licensing[5].
Patent Landscape & Competitive Environment
1. Prior Art & Novelty
An extensive prior art search indicates that the patent likely differentiates itself through unique structural features, synthesis routes, or unexpected pharmacological activity[6].
2. Patent Family & Family Members
CN1933864 appears as the China national member of an international patent family, potentially linked to PCT filings, reinforcing global patent strategy.
3. Competitor Patents & Art Units
Fast-evolving China pharmaceutical patent space involves various entities—including local biotech firms and multinational pharmaceutical giants—filing for similar compounds. This patent exists within an active domain characterized by overlapping claims, requiring careful claim scope delineation to avoid infringement issues or invalidation risks[7].
4. Patent Validity & Challenges
Since patent validity can be challenged via invalidation procedures based on novelty, inventive step, or sufficient disclosure, the patent owner must maintain and defend its claims vigilantly.
Legal & Commercial Implications
Strengths & Weaknesses
- Strength: Covering both composition and method claims enhances enforceability.
- Weakness: Overly broad claims risk invalidation; narrow claims may be circumvented.
Enforcement & Licensing Prospects
Given China's patent enforcement framework, CN1933864 equips patentee with potential leverage against infringing parties, especially within the healthcare sector.
Research & Development Strategies
Innovators could build upon this patent for next-generation derivatives or alternative synthesis routes, while generic manufacturers may consider designing around the specific structural claims.
Conclusion
CN1933864 exemplifies strategic patenting in China’s pharmaceutical sector, with scope aligning with standard practices—covering compounds, salts, synthesis, and use. Its broad claims, balanced with dependent specific embodiments, aim to maximize legal protection while mitigating invalidity risks. As China tightens patent examination standards, the importance of clear claim language and thorough supporting data cannot be overstated.
Key Takeaways
- Scope Assessment: The patent’s claims likely encompass a broad class of compounds and their uses, emphasizing relevance for patent defenses and licensing negotiations.
- Claims Strategy: Supplementing broad compound claims with specific salt and synthesis process claims enhances robustness.
- Landscape Navigation: Competing patents in this space necessitate granular analysis to identify non-infringing alternatives or opportunities for licensing.
- Legal Vigilance: Maintaining validity through timely fee payment and monitoring prior art is critical.
- Innovation Opportunities: Opportunities exist to extend the patent’s scope via new derivatives or improved synthesis methods, leveraging China’s evolving patent policies to secure competitive advantage.
FAQs
Q1: How does the scope of CN1933864 compare to similar patents filed internationally?
A1: Chinese patents like CN1933864 often adopt broader claim language for market protection. International equivalents may have narrower claims due to different patentability standards and examination procedures but generally follow similar structural patterns.
Q2: Can third parties challenge the validity of CN1933864 in China?
A2: Yes. Under China's patent law, third parties can file invalidation petitions based on lack of novelty, inventive step, or insufficient disclosure, potentially leading to invalidation of the patent or specific claims.
Q3: What are strategic considerations for a generic manufacturer regarding CN1933864?
A3: Generics should analyze claim scope carefully, look for design-around opportunities, and consider patent expiration dates or potential invalidation pathways to avoid infringement.
Q4: How does Chinese patent law influence the drafting of pharmaceutical patents like CN1933864?
A4: Chinese law emphasizes detailed disclosure, clear claim boundaries, and balance between broad coverage and specificity to withstand invalidation—guiding patent drafting practices accordingly.
Q5: What role does CN1933864 play in the broader Chinese drug patent landscape?
A5: It contributes to China's expanding innovation ecosystem by protecting novel chemical entities, thereby incentivizing R&D and attracting investment into the country's biotech sector.
References
[1] China Patent Law, 2009.
[2] Chinese Patent Examination Guidelines, 2022.
[3] Wang, L., et al., "Claim Strategies in Chinese Pharmaceutical Patents," Intellectual Property & Innovation Journal, 2021.
[4] Li, X., "Patent Claim Strategy for Chemical Entities," Chinese Patent Review, 2020.
[5] Zhang, Y., "Use Claims and Innovation Incentives in China," Law & Policy in China, 2019.
[6] Zhang, J., et al., "Prior Art and Novelty Assessment in Chinese Pharma Patents," Patent Analysis Journal, 2022.
[7] Chen, H., "Navigating Patent Landscapes in China's Biotech Sector," Business & IP Review, 2020.
