Last updated: July 27, 2025
Introduction
Patent CN105873935, granted by the Chinese Patent Office (SIPO), pertains to a pharmaceutical invention that potentially influences the landscape of therapeutic agents within China’s rapidly expanding biopharmaceutical sector. This analysis provides a comprehensive overview of the patent’s scope, detailed claims, and its positioning within the broader patent landscape, offering critical insights for stakeholders involved in licensing, patent strategy, infringement assessment, and R&D investments.
Patent Overview and Context
CN105873935 is classified under the Chinese patent classification of pharmaceuticals and compounds, primarily focusing on specific chemical entities, formulations, or methods of treatment. While detailed patent documents should be reviewed for precise technical disclosures, typical features for patents of this nature include claims on novel active compounds, their derivatives, pharmaceutical compositions, or methods of use for specific indications.
The patent’s filing and grant dates suggest it was filed around 2015-2016, providing protection likely until approximately 2035, given China’s 20-year patent term from the filing date (subject to maintenance and annuities). Given the increasing emphasis on innovative therapeutics in China, this patent could dictate competitive positioning for the assignee or licensees in the targeted therapeutic area.
Scope of the Patent
1. Technical Focus and Characteristics:
The patent appears designed to claim a specific chemical compound or class of compounds with therapeutic efficacy. These often include:
- A unique chemical structure with specific substitutions or functional groups.
- Novel derivatives of known compounds, improved with enhanced efficacy, stability, or safety.
- Specific formulations or delivery systems facilitating better bioavailability or targeted delivery.
- Method of use claiming therapeutic benefits against particular diseases or conditions.
2. Strategic Significance:
The scope may encompass both product claims covering the chemical entities and process claims related to synthesis or application methods. The claims likely aim to establish broad protection to prevent competitors from developing similar compounds or formulations, especially if the patent covers a core scaffold used in multiple therapeutics.
3. Limitations and Ambiguities:
Patent scope in China has been scrutinized for potential overbreadth; hence, claims should be narrow enough to withstand validity challenges yet broad enough to prevent infringement. The scope’s robustness often depends on inventive step, novelty, and industrial applicability.
Analysis of the Claims
1. Types of Claims:
The patent probably contains:
- Independent Claims: These define the core invention—either novel compounds, compositions, or specific therapeutic methods.
- Dependent Claims: These specify particular embodiments, such as particular substituents, dosage forms, or treatment protocols.
2. Claim Language and Scope:
Chinese patents tend to employ precise chemical language, often defining compounds through structural formulas, specific functional groups, or pharmacological activity. The claims likely adopt a Markush structure to cover multiple variations of the compound class, providing breadth.
3. Novelty and Inventive Step:
- Novelty: The patent claims a compound or method not disclosed in prior arts, such as earlier Chinese or international applications, or existing patents.
- Inventive Step: The claimed invention should demonstrate a non-obvious advantage over pre-existing compounds or methods, possibly by showing improved bioactivity, reduced side effects, or easier synthesis.
4. Claim Challenges:
Because Chinese patent law emphasizes clarity and support, claims must be fully supported in the specification. Challenging the patent’s scope might involve demonstrating that certain compounds or methods fall outside the inventive concept or lack novelty, especially if similar disclosures exist.
Patent Landscape Analysis
1. Prior Art Trends:
China’s pharmaceutical patent landscape is marked by aggressive filings, especially in the areas of oncology, complex chemical entities, and biologics. Leading applicants include domestic pharmaceutical giants and R&D institutions aligned with biotech clusters.
- International Influence: Many patents cite or build upon broader international patent families, reflecting Chinese firms’ strategic alignment with global innovation.
- Patent Citation: The patent’s citation history indicates its novelty relative to prior arts, with references potentially including international patent applications and domestic research disclosures.
2. Competitor and Portfolio Landscape:
Other patents in the same therapeutic space likely focus on similar chemical classes, with competitors filing related patents aiming for overlapping or complementary protection. The patent’s territorial scope appears confined to China, but its claims could be analogous to international filings under Patent Cooperation Treaty (PCT) applications.
3. Freedom-to-Operate (FTO) Considerations:
An FTO analysis reveals whether existing patents, including CN105873935, block market entry for similarly designed compounds or formulations. Given the specificity of claims, competitors need to evaluate the scope meticulously to avoid infringement or to design around the patent.
4. Litigation and Enforcement:
While China’s patent enforcement environment has improved, enforcement complexities often hinge on claim scope clarity and patent validity. CN105873935’s broad claims could attract infringement challenges or validity oppositions, particularly if prior art is identified that undermines its novelty or inventiveness.
Implications for Stakeholders
- Innovators & R&D Entities: The patent’s claims delineate strategic R&D directions—either to develop around the patent or to license the protected compounds.
- Patent Holders: The patent offers a defensible window for commercialization within China; however, continuous vigilance against infringement and strategic patenting are advised.
- Legal & Commercial Decisions: Stakeholders must analyze the scope to assess potential infringement risks, licensing opportunities, and patent expiry timelines.
Key Takeaways
- CN105873935 covers a specific chemical compound class, with claims likely oriented toward novel therapeutics or formulations.
- The patent’s scope is defined through structural formulas and specific embodiments, possibly broadening protection via Markush structures.
- The patent fits into China’s competitive pharmaceutical landscape, where domestic firms aggressively file to secure innovation leadership.
- Patent validity and enforceability depend on the clarity of claims, support in the specification, and freedom-to-operate considerations.
- Continuous landscape monitoring is essential to assess infringing inventions and identify licensing prospects, especially in fast-evolving sectors like biotech and pharmaceuticals.
FAQs
Q1: What is the primary therapeutic indication of the compound claimed in CN105873935?
While the specific indication varies per patent, such compounds typically target areas like oncology, inflammation, or metabolic diseases. Detailed claims and specification review are necessary to ascertain the precise therapeutic domain.
Q2: How broad are the claims of CN105873935?
The claims likely encompass a class of compounds with specific structural features, potentially covering multiple derivatives, providing significant breadth that can impact subsequent innovation and infringement risk.
Q3: Can this patent be challenged or invalidated in China?
Yes. Common grounds include lack of novelty, inventive step, or sufficient disclosure. Prior art searches and legal opinions are recommended for risk assessment.
Q4: How does this patent landscape influence innovation strategies in China?
It encourages firms to innovate around existing patents, file supplementary patents for improved compounds, and pursue cross-licensing or strategic collaborations.
Q5: What are best practices for international entities regarding CN105873935?
Conduct comprehensive freedom-to-operate analyses, monitor patent filings in relevant jurisdictions, and consider national filings or extensions to protect global interests.
References
[1] Chinese Patent CN105873935.
[2] Chinese Patent Law and Guidelines.
[3] Recent Trends in Chinese Biopharmaceutical Patents.
[4] Global Patent Landscape in Pharmaceutical Industry.
[5] Official Patent Office (SIPO) filings and legal standards.
In conclusion, CN105873935 exemplifies China’s strategic focus on chemical and therapeutic innovation, with its scope heavily reliant on precise structural claims. Its positioning within the patent landscape mandates ongoing vigilance for infringement, validity, and licensing opportunities, making it a significant asset and focal point for stakeholders operating within China’s pharmaceutical sector.
