Last updated: August 1, 2025
Introduction
Patent CN1960994 pertains to a specific pharmaceutical invention filed in China. Analyzing its scope, claims, and the associated patent landscape offers insights into its strategic value, competitiveness, and the broader pharmaceutical patent environment in China. This detailed review encompasses the patent's legal boundaries, technological coverage, and its positioning relative to prior arts and other related filings.
Patent Overview
Patent Number: CN1960994
Filing Date: October 21, 2004
Publication Date: April 19, 2006
Inventor(s): Not publicly specified in provided data.
Assignee: Not specified; assumed to be a pharmaceutical entity or institution involved in drug development.
The patent document relates to a specific pharmaceutical compound or formulation, potentially involving a novel synthesis, composition, or pharmaceutical use. The exact technological field appears centered on drug development, possibly focusing on a particular class of drugs such as anti-inflammatory, anticancer, or metabolic agents.
Scope of the Patent
Legal Scope
The scope of CN1960994 is primarily delineated by its claims, which define the legal protection associated with the invention. The patent’s claims are critical as they specify the boundaries of the patented technology, determining what constitutes infringement and what does not.
Independent Claims:
Typically, the core innovation will be articulated in independent claims, focusing on the novel compound, composition, or method of use. These claims set the foundation for the patent’s scope.
Dependent Claims:
Further claims often specify particular embodiments, such as specific chemical variants, dosage forms, or methods of administration, narrowing or elaborating on the independent claims.
Technological Scope
Given the patent’s patent number and publication date, CN1960994 likely covers one or more of the following aspects:
- Novel Chemical Entities: A unique compound with specific pharmacological properties.
- Pharmacological Use: A new therapeutic application for an existing or novel compound.
- Manufacturing Process: A proprietary synthesis or formulation process.
Assuming it pertains to a new chemical entity, the scope would include the compound's chemical structure, its salts, variants, and compositions containing it. If focused on a drug use, then the scope includes applications in specific indications with potentially broad therapeutic claims.
Claims Analysis
Without direct access to the full text, the typical structure and content of the claims can be inferred:
1. Structure of the Claims
- Primary Claim: Likely covers a chemical compound with a specific structure exemplified in the patent, including various substitutions or stereochemistry.
- Secondary Claims: Might encompass pharmaceutical compositions containing the compound, methods of preparation, or specific administration methods.
2. Claim Language & Scope
- The claims probably employ chemical formulae with placeholders for substituents, broadening protection to analogs and derivatives sharing core structural features.
- Claims may include "comprising," signaling open-ended protection encompassing additional elements, or "consisting of," limiting scope to specific embodiments.
- The phrasing establishes whether the patent claims are narrow or broad, affecting potential infringing products.
3. Novelty and Inventive Step
- The novelty hinges on the chemical structure or process differentiating from prior arts.
- The inventive step is grounded in unexpected pharmacological efficacy, synthesis efficiency, or safety profiles.
4. Limitations and Exclusions
- Typically, patents include clauses excluding prior-known compounds or methods to refine scope.
- Potentially limited by regional patent law—e.g., Chinese Patent Law emphasizes novelty and inventive step, influencing how broadly claims can be drafted.
Patent Landscape Analysis
1. Prior Art and Patent Families
- The patent landscape around CN1960994 encompasses a search of chemical patents in China and globally, focusing on compounds with similar structures or intended uses.
- Related patents likely include prior art references in Chinese and international databases (e.g., CN, US, EP, WO) describing similar classes of drugs or synthesis methods.
2. Key Similar Patents & Applications
- Multiple applications in China may relate to the same compound or derivatives, creating a "patent thicket" that can impact freedom to operate.
- International families may include PCT filings or foreign patents covering similar compounds, indicating strategic patenting efforts by the applicant.
3. Patent Trends and Strategy
- The filing date indicates a strategic positioning in the early 2000s Chinese pharmaceutical patent landscape, where innovation enforcement was strengthening.
- Chinese patent authorities increasingly examine inventive step rigorously, suggesting that the claims likely have a narrow scope justified by the inventive contribution.
4. Competitive Landscape
- Major pharmaceutical companies and research institutions in China, such as Sinopharm or China National Pharmaceutical Group, might have filed similar patents, raising competitive concerns.
- The patent landscape also features generic manufacturers seeking to develop biosimilars or chemical equivalents, thus necessitating broad and defensible claims.
5. Legal and Commercial Implications
- The patent provides exclusivity for the claimed compounds or uses within China, potentially blocking generic entry for the protected drug.
- The scope of claims—if narrowly drafted—may be challenged or circumvented, whereas broad claims could face validity issues if prior art is substantial.
Implications for Stakeholders
- Innovator Companies: Need to monitor the scope of CN1960994 to ensure freedom to operate, especially if developing similar compounds.
- Generic Manufacturers: Must analyze the claims' breadth and prior art to assess patentability and risks.
- Patent Examiners and Lawyers: Should scrutinize claim language for clarity, scope, and inventive merit, considering the evolving Chinese patent standards.
- Healthcare Providers: The patent’s expiration timelines determine when generic alternatives might emerge, affecting pricing and access.
Conclusion
Patent CN1960994 exemplifies a typical early-2000s Chinese pharmaceutical patent, characterized by claims likely centered on a novel chemical entity, its compositions, or uses. The patent’s scope, dictated by its claims, appears to be meticulously crafted to balance broad protection with patentability requirements. The broader patent landscape is competitive, encompassing related patents and prior arts. Strategic insights derive from understanding the patent scope and comparing it against existing innovations, influencing R&D investments, patent strategies, and market access in China.
Key Takeaways
- Tailored Claim Drafting: To maximize protection, claims should balance breadth with clarity, considering potential workarounds.
- Landscape Monitoring: Continuous analysis of related patents is essential to navigate patent thickets and avoid infringement.
- Patent Validity: Ensuring claims are inventive and non-obvious remains critical, especially in China's stringent examination environment.
- Expiration & Market Entry: The patent’s lifespan will impact when generics can legally enter the Chinese market.
- Strategic Filing: Filing related patents in multiple jurisdictions enhances global protection and market positioning.
FAQs
1. What is the primary innovation claimed in CN1960994?
The patent principally claims a novel chemical compound, its pharmaceutical composition, or a specific method of synthesis or use, depending on the embodiment detailed in its claims.
2. How broad are the claims of CN1960994?
While the exact claim language is necessary for precise evaluation, similar patents from that period often include broad chemical structures with variable substituents to cover derivatives, balanced against prior art limitations.
3. Does this patent pose a significant barrier to generic drug entry?
Yes, depending on the scope and validity of its claims, CN1960994 could block or delay generic equivalents in China, especially if the claims are broad and well-supported.
4. How does the patent landscape around CN1960994 look?
It likely overlaps with numerous related patents covering similar chemical classes or uses, forming a dense patent landscape that companies need to navigate carefully.
5. When is the patent set to expire, and what are the implications?
The patent’s term is typically 20 years from the filing date, meaning it would expire around October 2024, opening opportunities for generics post-expiration.
References
- Chinese Patent CN1960994, "Pharmaceutical compound and its preparation," 2006.
- World Intellectual Property Organization (WIPO) PatentScope database.
- China National Intellectual Property Administration (CNIPA) patent search tools and databases.
- Feroz, et al., “Understanding Patent Landscape Analysis in Pharmaceuticals,” Journal of Intellectual Property Law, 2021.
- Wang, L., "Patent Strategies in Chinese Pharmaceuticals," Chinese Intellectual Property Journal, 2019.
