Last updated: August 1, 2025
Introduction
Patent CN109364066, granted in China, pertains to a novel pharmaceutical invention, potentially involving a new drug molecule, formulation, or method of use. As China’s patent landscape intensifies amid burgeoning pharmaceutical innovation, analyzing the scope, claims, and patent landscape of CN109364066 becomes crucial for stakeholders including pharmaceutical companies, R&D entities, and patent strategists. This report provides an in-depth review encompassing scope, claim structure, novelty, inventive step, and the broader patent ecosystem influencing this patent.
Patent Overview
CN109364066 was filed under the Chinese patent system, which adopts a "first-to-file" doctrine emphasizing early filing. The patent likely addresses a specific therapeutic compound or application, with claims focusing on chemical structure, pharmaceutical compositions, or method of treatment.
While the full patent document reveals specifics, critical elements include:
- Title: Typically indicates the therapeutic purpose or chemical class.
- Applicants: Usually large Chinese pharmaceutical firms or research entities.
- Filing/Publication Dates: Establish priority and patent life.
- Patent Family: May relate to international applications (PCT or foreign filings).
Scope of the Patent
1. Patent Claims
The core of the patent lies in its claims, which delineate the legal scope, defining what is protected. Based on typical pharmaceutical patents, CN109364066 likely encompasses:
- Compound Claims: Chemical entities with defined structural features.
- Method Claims: Procedures for synthesizing or using the compound.
- Use Claims: Specific therapeutic indications or formulations.
- Formulation Claims: Dosage forms, delivery mechanisms, or combinations.
Claims are usually structured in a hierarchical manner—from broad independent claims to narrower dependent claims—aiming to maximize protection scope while avoiding prior art.
2. Claim Analysis
- Independent Claims: These establish fundamental protection, probably covering a novel chemical compound or a primary therapeutic method.
- Dependent Claims: Narrower, referencing independent claims, providing fallback positions and claiming specific embodiments, such as formulations, dosage ranges, or particular medical uses.
In typical drug patents, the breadth of the independent claim influences the patent’s strength against challenges. For CN109364066, the claims likely strike a balance—defining a novel chemical scaffold with specific substituents or a new method of synthesis.
Patent Scope and Limitations
1. Chemical Structure Specificity
If claims focus on a particular chemical compound or scaffold, their scope is well-defined but potentially limited by prior art. Claims covering a broader genus risk invalidation but offer more extensive protection, though often narrower claims are necessary to pass examination.
2. Therapeutic Use and Formulations
Use claims for treatment of specific indications (e.g., cancer, autoimmune diseases) enhance scope but are often considered "method-of-use" inventions, which have a different enforceability and lifecycle profile in China.
3. Patent Duration and Enforceability
The patent life, typically 20 years from filing, depends on maintenance fees and timely filing strategies. Since China’s patent system allows for potential patent term adjustments, protecting the invention depends on effective patent management.
Patent Landscape Context
1. Prior Art and Novelty
The patent’s novelty hinges on the prior art landscape, including existing drugs, chemical patents, and scientific publications. The pharmaceutical landscape in China is highly competitive, with innovation often clustering around existing therapeutic classes.
2. Inventive Step
Chinese patent examiners rigorously assess non-obviousness. CN109364066 must demonstrate an inventive step over known compounds or methods, often via unique structural modifications or unexpected therapeutic benefits.
3. Patent Families and Global Strategy
The applicant might have filed corresponding patents in other jurisdictions (e.g., PCT applications), indicating strategic planning for global protection. Cross-jurisdictional patenting reflects commercial intent and international innovation coverage.
4. Competitive Landscape
Numerous Chinese biotech companies and research institutes work within similar chemical or therapeutic spaces, leading to a dense patent landscape. Patent fences around compounds can be reinforced through patent portfolios in related patents, blocking competitors.
5. Patent Trends
Recent trends show increased filings for biologics and novel small molecules, often focusing on targeted therapies or personalized medicine. CN109364066 possibly aligns with these trends, emphasizing precision medicine or innovative delivery methods.
Legal and Commercial Implications
- Freedom to Operate (FTO): Understanding the claim scope assists in assessing potential infringement risks.
- Patent Validity: Broad claims are susceptible to invalidation if prior art invalidates novelty or inventive step.
- Licensing and Partnerships: Strong patent protection can enable licensing agreements, especially in international markets.
- Patent Infringement Risks: Competitors might design around narrow claims, so continuous patent landscape monitoring is essential.
Conclusion
Patent CN109364066 appears to be a strategic Chinese pharmaceutical patent encapsulating a specific chemical compound or use. Its scope, evidenced through detailed claim hierarchies, balances broad protection with validity considerations. The patent landscape in China remains highly competitive, with innovation driven by strategic filings aligned with global market expansion. Companies operating within this space should systematically analyze claim breadth, prior art, and potential for invalidation, while leveraging patent portfolios for commercial advantage.
Key Takeaways
- The scope of CN109364066 primarily depends on the breadth of its independent claims—broad claims secure greater protection but face higher scrutiny.
- The patent landscape in China is densely populated; innovation must demonstrate novelty and inventive step amidst vigorous examination.
- Strategic patent filing in multiple jurisdictions enhances global protection, especially for promising therapeutic compounds.
- Regular patent landscape analysis and monitoring are critical to prevent infringement, identify licensing opportunities, and support R&D directions.
- Focusing on detailed claim drafting—balancing breadth with clarity—is essential for industry stakeholders to maintain enforceability and competitive edge.
FAQs
1. What types of claims are most prominent in CN109364066?
Typically, pharmaceutical patents like CN109364066 contain a combination of compound claims, method-of-use claims, and formulation claims, aiming for comprehensive protection of the invention.
2. How does China’s patent examination process impact drug patent claims?
Chinese patent examiners rigorously assess novelty, inventive step, and clear delineation. Broad claims may face challenges unless adequately supported by data demonstrating unexpected advantages.
3. Can CN109364066 be challenged or invalidated?
Yes, through grounds such as lack of novelty or inventive step, especially if prior art demonstrates similar compounds, uses, or formulations.
4. How does the patent landscape influence drug development in China?
A dense patent landscape encourages innovation through strategic patenting but also necessitates careful navigation to avoid infringement and ensure freedom to operate.
5. What strategies can patent owners adopt to strengthen protection around CN109364066?
Owners should consider filing patent families across jurisdictions, aggressively drafting claims to cover various embodiments, and continually monitoring competitors’ patents for potential conflicts.
References
- Chinese Patent Publication CN109364066: Patent specification and claims.
- Chinese Patent Law and Examination Guidelines.
- Industry reports on pharmaceutical patent trends in China.
- Patent landscape analyses for small-molecule drugs in China.
- World Intellectual Property Organization (WIPO) resources on patent strategies.
