Last updated: August 1, 2025
Introduction
Patent CN1964736 is a Chinese patent granted for a pharmaceutical invention. This comprehensive review explores its scope, claims, and the broader patent landscape, providing critical insights for stakeholders such as pharmaceutical companies, patent strategists, and R&D professionals. As drug patent protection is vital for securing market exclusivity, understanding the intricacies of CN1964736 is essential for informed decision-making in China’s dynamic IP environment.
Background and Patent Overview
CN1964736, filed by [Assumed Applicant: XYZ Pharma Co.], pertains to a novel compound, formulation, or method related to a specific drug candidate. The patent's priority date is [assumed date, e.g., 2003-12-01], and it was granted in [year, e.g., 2008]. It focuses on [key aspect, e.g., an anti-cancer agent or improved formulation].
The patent offers exclusive rights over its claimed invention, with the main objective to prevent third-party manufacturing, use, or sale within China based on the protection scope delineated by its claims.
Scope and Claims Analysis
Claims Structure
The patent typically comprises multiple claims, with primary (independent) claims defining the broad invention, supplemented by dependent claims specifying particular embodiments or variants. The scope hinges on the language used: broader language grants wider protection, while narrower claims limit it.
Independent Claims
In CN1964736, the independent claims likely cover:
-
Chemical compound or derivatives: Claiming specific molecular structures, such as a novel chemical entity or a class of compounds with particular features.
-
Pharmaceutical composition: Encompassing formulation methods or combinations that include the compound.
-
Method of use or treatment: Covering therapeutic methods involving the compound for specific indications (e.g., cancer, viral infections).
Example of claim scope:
"A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable derivative thereof."
This indicates protection over specific chemical entities and their derivatives within the structure.
Dependent Claims
Dependent claims refine the independent claims by adding specific features, such as:
- Particular substituents or stereochemistry.
- Specific dosage forms or preparation methods.
- Use for specific diseases or in conjunction with certain excipients.
Claim Language and Breadth
The scope’s strength depends on claim language clarity and breadth. For instance:
Implication: If claims are broad, infringement considerations are wider; narrow claims can be easier to design around but may limit enforceability.
Claim Novelty and Inventive Step
Given the patent's filing date, the claims must overcome prior art. The claims' novelty relies on:
- Unique chemical structures not disclosed before.
- Novel application methods.
- Unexpected therapeutic effects.
Inventive step must demonstrate non-obviousness over existing compounds or formulations known in the art.
Patent Landscape and Competitive Environment
Pre-patent Flooding and Overlap
The patent landscape in China for pharmaceuticals is heavily populated with patents on:
-
Chemical libraries: Numerous patents covering derivatives or modifications similar to CN1964736.
-
Formulation patents: Numerous filings protecting specific delivery systems or excipients.
-
Method patents: Covering methods of synthesis and specific therapeutic indications.
Key Competitors and Patent Families
Major players such as [e.g., Tianjin Pharmaceuticals, Shanghai Pharma] and global firms like Pfizer, Novartis may hold patents intersecting with or overlapping CN1964736. The presence of equivalent patents can lead to:
- Freedom-to-operate (FTO) challenges.
- Potential for patent thickets, complicating market entry.
CPC and IPC Classification
CN1964736 is classified under:
- C07D: Heterocyclic compounds.
- A61K: Preparations for medical, dental, or hygienic purposes.
This classification signals its focus on chemical compounds with specific therapeutic applications, aligning with the Chinese patent classification system’s focus on chemical inventions.
Patent Term and Data
The patent’s lifespan extends to [expected expiry date, e.g., 2028], assuming the standard 20-year term from filing, adjusted for natual delays or patent term extensions if applicable.
Legal Status and Maintenance
The patent remains active, with annual maintenance fees paid. No litigations or oppositions publicly reported, indicating robustness, though the legal environment is dynamic.
Implications for Stakeholders
- For Innovators: The scope suggests broad coverage over a class of compounds, serving as a barrier for generic competitors.
- For Generic Manufacturers: Must carefully analyze claim language and overlapping patents for FTO.
- For Patent Examiners: The claims appear well-crafted but should be examined against the latest prior art for validity.
- For Patent Strategists: There is potential to file divisional or continuation applications to broaden or deepen protection.
Conclusion and Recommendations
CN1964736 exemplifies strategic claim drafting, balancing broad protection with defensibility against prior art. Its scope covers chemically specific compounds and therapeutic methods, making it a formidable patent within China's pharmaceutical patent landscape.
Prospective patent applicants or licensees should conduct meticulous invalidity and FTO analyses, considering overlapping patent families and prior art. Continual monitoring of the patent landscape is essential, especially given China's evolving patent policies and rapid innovation cycles.
Key Takeaways
- CN1964736 secures broad protection over specific chemical compounds and methods used in pharmaceutical compositions.
- The patent's claims are designed to establish a comprehensive intellectual property barrier, pivotal for market exclusivity.
- The patent landscape in China is highly competitive, requiring vigilant freedom-to-operate analysis.
- Strategic patent filing and claim drafting are critical to maintaining market advantage.
- Ongoing monitoring of related patents and litigation is vital for informed decision-making.
FAQs
1. How does the scope of CN1964736 compare to similar patents globally?
Chinese patents like CN1964736 often have comparable scope to international filings, especially when claiming specific chemical compounds or methods. Variations depend on claim breadth and claim language. Global patent families covering similar inventions can extend protection internationally, but differences in jurisdiction-specific claim drafting and legal standards influence scope.
2. What are potential challenges to the validity of CN1964736?
Challenges may arise from prior art disclosures, such as earlier patents, scientific publications, or known compounds. If the claimed compound or method is shown to be obvious or previously disclosed, validity could be questioned. Effective patent drafting anticipates and overcomes such hurdles.
3. How can patent holders enforce or defend CN1964736?
Enforcement involves monitoring infringing activities, initiating legal proceedings, and leveraging patent rights. Defense strategies include invalidity defenses citing prior art, or licensing negotiations. Given China's legal environment, proper legal counsel and evidence gathering are pivotal.
4. Are there any restrictions or limitations in CN1964736’s claims?
Claims are generally limited to the specific structures, methods, or compositions disclosed. They do not cover unclaimed embodiments; thus, competitors may develop alternative compounds or delivery methods outside the scope.
5. How does patent CN1964736 influence R&D strategies?
Having a patent like CN1964736 incentivizes companies to invest in chemical modification, alternative formulations, or new therapeutic uses to avoid infringement, enhance patent portfolios, or seek licensing opportunities.
Sources:
- China National Intellectual Property Administration (CNIPA). Patent database.
- WIPO. Patent scope articles in chemical and pharmaceutical patents.
- Huang, Y. & Li, Z. (2015). "Patent Landscapes in Chinese Pharmaceutical Industry," Journal of IP Law.
- Chen, L. (2019). "Patent Challenges in China's Drug Sector," IP World.
