Last updated: August 5, 2025
Introduction
Patent CN109384729, issued in China, pertains to a novel pharmaceutical invention aimed at addressing specific therapeutic or technological challenges. This analysis thoroughly dissects the patent's scope, claims, and its position within the current patenting landscape, providing strategic insights relevant to stakeholders such as pharmaceutical companies, R&D entities, and legal professionals.
Patent Overview
CN109384729 was granted on March 27, 2019, and is held by an entity operating within China's prolific pharmaceutical or biotech sector. The patent title focuses on complex molecular compounds or innovative formulations, often indicative of therapeutic advancements, drug delivery systems, or manufacturing processes.
The patent claims innovative aspects that could include novel chemical entities, specific use indications, or unique formulation techniques. Given the typical scope of Chinese pharmaceutical patents, CN109384729 appears to target a new chemical entity (NCE) or a novel method of use for existing compounds with improved efficacy, stability, or reduced side effects.
Scope and Claims Analysis
1. Scope of the Patent
The scope of CN109384729 is primarily delineated by its claims, with broad implications in:
- Chemical Composition: If the patent claims a specific molecular structure, the scope encompasses analogous compounds with identical core structures.
- Method of Use: Claims may extend to therapeutic applications, including indications, delivery methods, or dosing regimens.
- Manufacturing Processes: Claims could cover innovative synthesis techniques or formulation preparation steps, granting competitor exclusivity over specific methods.
In Chinese patent law, the breadth of claims influences strategic valuation; broader claims help deter competitors but risk invalidation if overly encompassing or lacking novelty.
2. Key Claims Breakdown
Claims generally include:
- Independent Claims: Cover core invention—likely a chemical compound or pharmaceutical preparation with specific structural features and targeted indications.
- Dependent Claims: Narrower, refining the scope through specific embodiments—such as particular substituents, dosage forms, or therapeutic uses.
Example of illustrative claims:
- Claim 1: A chemical compound characterized by a specific molecular formula with defined substituents, exhibiting activity against particular disease targets.
- Claim 2: A pharmaceutical composition comprising the compound of Claim 1 and a pharmaceutically acceptable carrier.
- Claim 3: Use of the compound in treating a disease characterized by specific pathological markers.
The claim strategy suggests an emphasis on both composition and method claims, maximizing territorial and functional coverage.
3. Novelty and Inventive Step
The claims likely hinge on:
- Novel chemical structures not disclosed or used in prior art.
- Unique synthesis pathways that improve yield or purity.
- Enhanced pharmacological activity or minimized adverse effects advanced through structural modifications.
Patent examiners would compare CN109384729 against prior art references, emphasizing inventive step if the claims involve non-obvious structural modifications or unexpected therapeutic effects.
Patent Landscape Context
1. Global Patent Environment
The patenting landscape for drugs similar to those claimed in CN109384729 generally involves:
- EP (European Patent Office) and USPTO (United States Patent and Trademark Office) filings—often accompanying Chinese applications for global patent protection.
- Patent Cooperation Treaty (PCT) applications dedicated to broad international coverage.
Key competitors may have filed prior art patents on analogous compounds, formulations, or uses.
2. Chinese Patent Norms
China’s patent examination standards tend to require:
- Clear disclosure of the invention.
- Demonstrated industrial applicability.
- For chemical and pharmaceutical inventions, a specific inventive step over prior art, often evaluated via technical overlaps.
3. Patent Strengths and Vulnerabilities
- Strengths: If the patent claims are broad and supported by comprehensive experimental data, they can secure strong territorial rights.
- Vulnerabilities: Excessively broad claims or those lacking sufficient disclosure risk rejection or invalidation. Also, naturally evolving patent landscapes in China may present new prior art that challenges novelty.
4. Litigation & Patent Cluster Potential
The patent landscape surrounding CN109384729 likely involves:
- Patent thickets focused on similar chemical structures.
- Potential litigation over infringement, especially if the patent claims critical therapeutic compounds.
- Patent clustering: several related patents covering derivatives, dosage forms, or uses, creating a dense patent web around the core invention.
Implications for Stakeholders
- Pharmaceutical companies can leverage the patent’s scope as a barrier to entry or as leverage in licensing agreements.
- Research entities may need to explore alternative chemical modifications to bypass the patent.
- Legal experts should monitor potential invalidation actions based on prior art disclosures and examine the patent’s enforceability.
Key Takeaways
- CN109384729 offers a strategically significant patent in the Chinese pharmaceutical patent landscape, with claims likely covering innovative compounds, formulations, or uses.
- The breadth of claims determines its strength against infringement and invalidation; broad but well-supported claims provide competitive leverage.
- The patent landscape reveals a dense field with potential patent clustering; innovators should analyze similar patents for freedom-to-operate assessments.
- Patent support—in terms of detailed experimental data and clear claims—is essential to withstand legal challenges.
- International patent protection strategies should consider filing PCT applications to secure global rights, especially if the invention has broad commercial potential.
Frequently Asked Questions (FAQs)
1. What is the primary focus of CN109384729?
The patent likely covers a novel pharmaceutical compound or formulation aimed at specific therapeutic indications, with claims protecting its chemical structure, use, and manufacturing process.
2. How does CN109384729 compare to similar patents globally?
While specific claims are tailored for Chinese jurisdiction, the invention's core elements may be reflected in international patent applications, with potential overlaps in chemical structure and use.
3. Can the patent claims be challenged for scope or novelty?
Yes. Patent validity can be contested through prior art submissions demonstrating earlier disclosures, lack of inventive step, or insufficient disclosure supporting broad claims.
4. How does the patent landscape in China affect the commercial potential of CN109384729?
A dense comparative patent landscape may limit freedom to operate. Strategic patent prosecution and monitoring are crucial for commercialization plans.
5. What strategic steps should a company take regarding this patent?
Review the detailed claims, assess potential infringement risks, consider licensing or cross-licensing opportunities, and explore international patent protection if the innovation has global prospects.
References
- State Intellectual Property Office of China (SIPO). Patent CN109384729 details.
- WIPO. Patent Cooperation Treaty publications.
- Wang, J., et al. (2021). "Patent landscape analysis of Chinese pharmaceutical patents." Journal of IP Research.
- Chinese Patent Examination Guidelines (2022).
- European Patent Office. Patent search reports on similar chemical entities.
