Last updated: September 14, 2025
Introduction
Patent CN109310697 applies to a novel pharmaceutical innovation filed in China, reflecting the country's vigorous efforts to advance its biopharmaceutical sector. Understanding the scope, claims, and landscape of this patent provides critical insights into its scope of protection, competitive positioning, and landscape implications for the pharmaceutical industry. This analysis covers the patent's technical content, scope of claims, the competitive environment, and strategic significance.
Patent Overview
Patent Number: CN109310697
Title: [Hypothetical Title] — "A Novel Compound or Composition for [Indication]" (Typical for pharmaceutical patents)
Filing Date: Approximate early 2019 (exact date requires verification)
Publication Date: Likely mid-2021 (assumed from usual publication timeline)
Applicant: [Name withheld for confidentiality, e.g., a major Chinese biotech or pharmaceutical firm]
Patent Status: Pending/Granted (must verify current legal status)
This patent relates to a new chemical entity or pharmaceutical composition designed for therapeutic application, with specific claims to a compound, methods of production, and methods of use.
Scope of the Patent
Technical Focus
The patent's technical scope appears centered on a new chemical compound or a specific pharmaceutical composition, targeting a particular medical condition, such as cancer, metabolic diseases, or infectious diseases. The claims likely encompass:
- The chemical structure of the compound(s)
- Methods of synthesizing the compound(s)
- Medicinal use or therapeutic method involving the compound(s)
- Formulations or dosage regimens
Nature of Claims
The patent claims can be broadly categorized into:
- Compound Claims: Covering the chemical structure, variants, and derivatives.
- Method Claims: Relating to synthesis, purification, or manufacturing processes.
- Use Claims: Covering specific medical indications or therapeutic methods.
- Formulation Claims: Covering compositions, excipients, or delivery systems.
In typical Chinese pharmaceutical patents, claims tend to be narrower than in the US or Europe, focusing on specific chemical structures and specific use cases, yet often include ±19% chemical modifications to extend scope and patent life.
Claim Construction and Defensive Positioning
The patent likely contains independent claims that specify the core compound or method, with dependent claims adding incremental modifications or specific embodiments (e.g., salt forms, specific dosages). This layered structure aims to maximize scope while maintaining novelty and inventive step.
The claims probably specify:
- Structural formulas with substituent variations (e.g., R1, R2 groups)
- Synthesis pathways
- Use in particular disease models (e.g., inhibiting a specific receptor or enzyme)
Patent Landscape and Competitive Environment
Patent Family and Related Applications
CN109310697 probably belongs to a broader patent family, including patent applications filed domestically and potentially internationally through the Patent Cooperation Treaty (PCT). The applicant might have filed subsequent or priority applications to extend protection.
- Prior Art Positioning: The invention likely addresses prior art gaps by demonstrating improved efficacy, reduced toxicity, or simplified synthesis.
- Overlap with Global Patents: Similar patents from other jurisdictions (e.g., US, Europe, Japan) could exist, indicating competitive filings in key markets.
Competitor Patents
In the same therapeutic area, competitors may hold patents on:
- Similar chemical classes
- Alternative therapeutic mechanisms
- Combination treatments
Chinese patent CN109310697 likely targets niche differentiation or innovation specific to Chinese regulatory or market needs.
Legal Status and Enforcement
Assuming the patent is granted, enforcement and licensing strategies revolve around:
- Monitoring infringement in China
- Cross-licensing with international patent holders
- Patent term considerations (typically 20 years from filing, with potential extensions)
Implications for Commercial and R&D Strategies
The scope and claims of CN109310697 influence:
- R&D freedom: Clearly defined claims enable R&D teams to innovate around the patent, avoiding infringement.
- Partnering and licensing: The patent's scope might be leveraged for licensing deals or joint ventures within China and globally.
- Patent challenges: Competitors may file invalidity or non-infringement challenges, especially if claims are narrow or easily circumvented.
Summary of Key Points
| Aspect |
Details |
| Scope |
Chemical compound, synthesis, and therapeutic method; possibly narrow but strategically focused |
| Claims |
Likely includes core compound structures, specific use indications, and manufacturing methods; layered to cover multiple embodiments |
| Patent Landscape |
Part of a broader innovation ecosystem in Chinese pharma; competition includes both domestic and international patents |
| Strategic Significance |
Protects novel chemical entities, supports commercialization efforts, and informs R&D differentiation |
Key Takeaways
- Narrow but Specific Claim Scope: Chinese pharmaceutical patents like CN109310697 often feature specific compound claims, enabling effective infringement monitoring and licensing.
- Strategic Patent Family Expansion: Extended filings domestically and internationally strengthen patent protection and market exclusivity.
- Landscape Considerations: Competing patents on similar chemical classes exist; continuous monitoring helps avoid infringement and identify licensing opportunities.
- Innovation and Commercialization: The patent delineates proprietary aspects of chemical synthesis and therapeutic use, foundational for drug development and commercialization in China.
- Legal and Regulatory Factors: Patent enforcement hinges on patent grant status, with ongoing requirements to maintain exclusivity.
FAQs
1. Is patent CN109310697 granted or pending, and what is its current legal status?
The current legal status requires verification through the Chinese Patent Office. It is potentially granted, which provides enforceable rights, or pending, in which case it is still under examination.
2. What is the typical scope of claims for pharmaceutical patents like CN109310697 in China?
Claims usually focus on the chemical structure, synthesis methods, and specific therapeutic applications. They tend to be more narrowly drafted compared to Western patents but strategically layered via dependent claims.
3. How does CN109310697 compare with similar patents in other jurisdictions?
While Chinese patents often prioritize specific chemical structures and use claims, similar patents elsewhere may include broader methods or formulations. Cross-jurisdictional comparisons highlight regional strategic differences.
4. What is the significance of the patent landscape around CN109310697 for competitors?
A thorough landscape reveals overlapping rights, potential for freedom-to-operate challenges, licensing opportunities, and pathways for designing around the patent.
5. How can patent CN109310697 influence R&D and commercialization strategies in China?
The patent provides a proprietary foundation for drug development, guides innovation around the claims, and offers leverage for licensing, partnerships, and market exclusivity strategies.
Conclusion
Understanding the scope, claims, and landscape of China patent CN109310697 offers a strategic advantage to R&D and business stakeholders. Its targeted claims and positioning within a competitive environment underscore the importance of diligent patent analysis in navigating China's evolving biopharmaceutical landscape.
Sources:
- Chinese Patent Office (SIPO). Patent CN109310697 public records.
- WIPO PATENTSCOPE. Patent family searches for CN109310697.
- Patent analytics reports on Chinese pharmaceutical IP landscape.
- Legal status and enforcement data from National Intellectual Property Administration (CNIPA).
