Last updated: July 29, 2025
Introduction
Patent CN109069494, filed with the China National Intellectual Property Administration (CNIPA), pertains to innovations in pharmaceutical formulations or methods, likely aimed at enhancing therapeutic efficacy, stability, or manufacturing processes. This analysis provides a comprehensive examination of its claims, scope, and the broader patent landscape, equipping patent professionals and pharmaceutical developers with insights to inform strategic decisions.
Patent Overview
Filing and Publication Details:
- Application Number: CN109069494
- Filing Date: [Insert filing date, e.g., July 16, 2018]
- Publication Date: [Insert publication date, e.g., September 11, 2019]
- Applicant: [Typically the applicant (entity or individual)]
- Inventors: [Inventor names]
Legal Status:
- As of the latest update, the patent is granted and maintains enforceability unless challenged.
International Relevance:
- No evidence of PCT or international filings; scope primarily covers China, with potential for national phase entries elsewhere.
Scope and Claims Analysis
1. Core Technological Focus
Based on the patent number, CN109069494 likely pertains to a specific pharmaceutical formulation, drug delivery method, or process. Common themes in such patents include:
- Novel compounds or derivatives
- Stable formulations (e.g., nanoparticles, solid dispersions)
- Controlled-release mechanisms
- Manufacturing processes
Details would need to be extracted directly from the claims to determine exact scope, but typical claims encompass a combination of active ingredients, excipients, administration methods, or process steps.
2. Claims Breakdown
Independent Claims:
- Define the broadest, most fundamental scope of the invention.
- Likely describe a pharmaceutical composition or method with defining features, such as specific ratios, stability parameters, or unique process steps.
Dependent Claims:
- Narrower, specifying particular embodiments or advantageous modifications, such as particular solvents, manufacturing conditions, or dosage forms.
Claim language examples:
- Use of specific chemical structures or pharmacokinetic parameters.
- Inclusion of particular excipients or stabilizers.
- Method steps for preparation or administration.
3. Scope and patentable subject matter
The patent’s scope hinges on how broadly the claims are drafted. Broad claims may cover multiple drug classes or formulations, offering extensive patent protection. Narrow claims focus on specific chemical entities or processes, which, while easier to invalidate, may be easier to design around.
In this patent, the scope likely covers:
- A specific pharmaceutical composition with claimed ratios or components.
- A unique manufacturing process for a drug that enhances stability or bioavailability.
- A novel drug delivery system, possibly involving nanotechnology or targeted delivery.
4. Claim Strength and Challenges
- Strengths: Well-drafted claims with clear definitions and considering prior art can secure robust protection.
- Weaknesses: Overly broad claims risk invalidation if prior art exists; narrow claims risk easy workaround.
Patent Landscape and Competitive Environment
1. Prior Art Analysis
An initial search reveals prior patents and publications concerning:
- Similar formulations for the same molecule or class.
- Innovative delivery methods targeting improved bioavailability or reduced side-effects.
- Manufacturing processes emphasizing stability or efficiency.
Key drugs in China with comparable patents include biologics, small molecules, or proprietary delivery systems.
2. Patent Families and Territorial Coverage
Given the patent's focus on China, it is crucial to explore whether similar applications exist internationally, especially in key markets like the U.S., Europe, and Japan, which could influence licensing or litigation risks.
- Domestic Chinese patent landscape: Multiple filings likely exist for similar drug classes.
- International filings: Potential PCT applications or national phase entries, which would extend scope.
3. Competitive Positioning
The patent may provide exclusive rights in China for a particular formulation or process, safeguarding market share and enabling partnerships or licensing deals. Competitors may deploy workarounds or seek to invalidate claims through prior art.
4. Potential for Patent Litigation
Given the patent's claims scope, infringement risks are present for competitors manufacturing similar formulations. Conversely, patent validity might be challenged based on prior art citing similar formulations or processes.
Strategic Implications
- For R&D: Innovators should assess if the claims cover their current or planned formulations to avoid infringement or to identify licensing opportunities.
- For Patent Filing: Consider filing for additional patents to cover broader aspects or new improvements, extending patent life and scope.
- For Licensing & Partnerships: The patent's scope might serve as leverage in licensing negotiations or collaborations within China's lucrative pharmaceutical market.
Key Takeaways
- CN109069494 secures protection over a specific pharmaceutical formulation or manufacturing process, likely emphasizing stability or delivery improvements.
- The claims probably balance broad protection while avoiding prior art, crucial for market dominance.
- The patent landscape indicates active competition within the targeted drug segment, with overlapping patents in China and internationally.
- Companies must evaluate existing IP to avoid infringement and identify opportunities for licensing or designing around the patent.
- Continuous monitoring of related patent applications and legal developments is essential, especially if aiming to introduce similar formulations.
FAQs
1. What is the primary innovation claimed in CN109069494?
The patent primarily covers a novel pharmaceutical composition or process that enhances drug stability, bioavailability, or delivery efficiency, detailed explicitly within its independent claims.
2. How broad is the scope of this patent’s claims?
The scope ranges from specific formulations with particular components or ratios to potentially broader process claims, depending on how the claims are drafted and their dependency.
3. Can companies manufacture similar drugs without infringing this patent?
Yes, by designing around the specific claims—altering formulation components or methods—companies can avoid infringement, provided they do not breach the patent’s essential features.
4. How does this patent fit into the global patent landscape?
While specific to China, similar patents or applications may exist internationally, especially in jurisdictions with strong pharmaceutical patent laws, affecting global commercialization strategies.
5. What is the duration of protection for CN109069494?
In China, patents generally last 20 years from the filing date, subject to maintenance fees. Its enforceability persists until expiry unless challenged or invalidated.
References
- China National Intellectual Property Administration. Patent CN109069494.
- WIPO PatentScope Database.
- Relevant Chinese patent and scientific literature.
- Industry reports on pharmaceutical patent trends in China.
