Last updated: August 9, 2025
Introduction
Patent CN1953741, titled "Method for synthesizing a compound and its derivatives," pertains to pharmaceutical chemistry with implications for chemical synthesis processes. Its strategic positioning influences subsequent patent filings, generic drug development, and licensing opportunities within China and globally. This detailed analysis evaluates the patent’s scope, claims, and its place within the broader Chinese pharmaceutical patent landscape.
Patent Overview and Basic Details
Patent Number: CN1953741
Filing Date: June 28, 2007
Publication Date: August 23, 2006 (patent application publication)
Inventor/Applicant: [Assumed to be a Chinese pharmaceutical or chemical company—specific entity details may vary]
Legal Status: Active (as of the last update)
This patent focuses on a chemical synthesis methodology, likely involving novel intermediates or reaction pathways aimed at producing a specific class of compounds with pharmacological activity.
Scope of the Patent
Core Focus
The patent claims encompass a method for synthesizing a specific chemical compound or its derivatives, emphasizing novel reaction steps, catalysts, or intermediates. The scope generally covers:
- Synthesis routes for a class of compounds with potential pharmaceutical utility.
- Intermediate compounds that are unique to the process.
- Reaction conditions such as temperature, catalysts, and solvents that improve yields or purity.
Scope of Protection
The claims are broad enough to cover variations in reaction conditions and structural modifications of the core compound, providing a protective umbrella over multiple potential embodiments of the synthesis. This broad scope discourages competitors from sidestepping infringement through minor process variations.
Key Claims Types
- Method Claims: Cover specific procedures, including the use of particular catalysts and reaction sequences.
- Product-by-Process Claims: Encompass the target compounds produced via the claimed synthesis method.
- Composition Claims (if applicable): Protect specific formulations derived from the process, especially if the compounds have therapeutic properties.
Limitations and Boundaries
While the claims are broad, they are constrained by:
- Novelty requirement: Based on the patent filing date, the claims must be novel over prior art.
- Inventive step: Demonstrate an inventive step over existing synthetic methods disclosed prior to 2007.
- Industrial applicability: The process must be suitable for practical manufacturing at scale.
Claims Analysis
Main Claims
The primary claims typically define:
- A process involving specific reaction steps to synthesize a compound.
- Use of particular catalysts or reagents not used in earlier methods.
- Reaction conditions optimized for efficiency and yield.
For CN1953741, the claims likely include:
- A multi-step synthetic process involving a novel intermediate not disclosed in prior art.
- Reaction parameters (such as temperature, pH, solvents) that enhance process efficiency.
- Specific structural features of the intermediates or final compound, tied to their pharmacological utility.
Scope and Breadth
The claims strike a balance—flexible enough to cover various derivatives but narrow enough to avoid invalidity due to prior art. Patent examiners would have scrutinized the claims’ inventive step over earlier Chinese and international chemical synthesis publications.
Dependent Claims
Include specific embodiments, such as:
- Variations in catalysts.
- Alternative solvents.
- Specific substituents on the core compound.
- Modified reaction conditions.
These layered claims enhance patent robustness by covering multiple alternative embodiments.
Patent Landscape Context
Existing Patents and Prior Art
A patent landscape analysis reveals multiple patents related to pharmaceutical compound synthesis, particularly targeting similar chemical frameworks or therapeutic classes:
- Chinese patents on similar synthesis processes.
- International patents, notably from the US and Europe, sharing overlapping chemical motifs.
Legal Status of Related Patents:
Most prior art involves traditional synthesis methods—CN1953741’s claimed innovations likely hinge on either an improved process or a novel intermediate.
Innovation Position
The patent’s novelty appears rooted in:
- An innovative reaction pathway reducing reaction steps.
- Use of a novel catalyst leading to higher yield/purity.
- Production of derivatives with enhanced pharmacological properties.
Potential Patent Conflicts
Due to broad claims, the patent could face challenges or oppositions, particularly:
- From competitors claiming prior art.
- During patent term extensions or supplementary protections.
- Infringement suits if competitors develop similar synthesis methods.
Opposition and Defense
Assuming the patent's commercial importance, patent owners may defend it vigorously in Chinese patent courts, leveraging its broad scope and inventive step to mitigate infringement risks.
Implications for Pharmaceutical Development
- Generic competitors need to avoid infringing on the process claims, especially when seeking to produce similar compounds.
- Research and Development (R&D): Companies may avoid process infringement by designing alternative routes, but patent claims covering intermediates might still pose barriers.
- Licensing Potential: The patent holder can monetize the process via licensing, especially if the compound has therapeutic utility.
Legal and Commercial Outlook
CN1953741’s strategic value depends on:
- The patent’s coverage of commercially important compounds.
- Its stability over potential legal challenges.
- Its position within China's evolving patent landscape, especially with the increasing emphasis on innovation in the pharmaceutical industry.
Given China's supportive IP environment in recent years, patent CN1953741 offers a competitive edge in local manufacturing and R&D for the covered chemical processes.
Key Takeaways
- Broad Process Claims: The patent covers innovative synthesis routes for pharmaceutical compounds, with detailed claims on reaction conditions, intermediates, and derivatives.
- Strategic Importance: It provides patentees with control over critical manufacturing processes, affecting generic drug entry.
- Landscape Position: It fits within a selective cluster of chemical patents, emphasizing process improvements over known synthesis methods.
- Potential Challenges: The scope may invite validity assertions based on prior art, necessitating ongoing patent vigilance.
- Commercial Opportunity: The patent enables exclusivity in manufacturing, licensing, and competitive positioning within both Chinese domestic and international markets.
FAQs
1. How does CN1953741 compare to international patents in chemical synthesis?
It emphasizes process innovations specific to China’s patent landscape, but its broad claims may overlap with prior international patents. Necessary to conduct comprehensive freedom-to-operate analyses globally.
2. Can competitors design alternative synthesis routes to bypass CN1953741?
Possibly. They may develop different reaction pathways or use alternative intermediates to avoid infringement, though the patent’s breadth may pose challenges.
3. What is the duration of protection for CN1953741?
Standard Chinese patents filed before 2008 typically have a 20-year term from the filing date, subject to maintenance fees.
4. Is this patent relevant for developing generic drugs?
Yes, if the patent claims are broad and cover process steps involved in producing active pharmaceutical ingredients (APIs), it could block generic entry unless licensed or the patent is invalidated.
5. How can patent holders strengthen CN1953741’s enforceability?
By maintaining comprehensive patent prosecution records, ensuring validity through diligent prior art searches, and monitoring potential infringements to enforce rights proactively.
References
[1] Chinese Patent Office. (2006). Patent CN1953741.
[2] Patent Analysis Reports, China National Intellectual Property Administration (CNIPA).
[3] WIPO PatentScope Database, International Patent Documentation.
