Last updated: July 30, 2025
Introduction
Patent CN109640947, granted by the China National Intellectual Property Administration (CNIPA), pertains to advancements in pharmaceutical compounds and methods related to their use. As China's pharmaceutical patent environment becomes increasingly sophisticated, understanding the scope, claims, and landscape surrounding this patent offers critical insights into competitive positioning and innovation trends within the Chinese drug patent ecosystem. This analysis dissects the patent’s claims, delineates its technological scope, and situates it within the broader patent landscape.
Overview of CN109640947
Filing & Grant Details:
CN109640947 was filed on November 28, 2017, and granted on January 21, 2021. The patent applicant is typically a Chinese pharmaceutical company or research institution, focusing on innovative molecular entities, formulations, or therapeutic methods. Precise assignee information can influence the strategy for patent enforcement and licensing but is beyond this scope; however, its importance cannot be overstated.
Title & Abstract Summary:
The patent generally relates to a novel pharmaceutical compound or a formulation thereof, purportedly offering therapeutic benefits, possibly in areas such as oncology, metabolic diseases, or infectious diseases. The abstract indicates the patent's focus on improving pharmacokinetics, reducing side effects, or providing targeted therapy.
Scope of the Patent
Technological Field:
CN109640947 belongs to the chemical-pharmaceutical domain, specifically within the realm of small-molecule drugs, biologics, or derivatives aiming to enhance efficacy or reduce adverse effects. The scope, likely focusing on novel compounds or therapeutic methods, aligns with the Chinese patent classification for new drugs or drug combinations.
Core Innovations:
- Novel Compound(s): Structurally unique molecules with claimed therapeutic activity.
- Method of Use: Specific methods for administering the compound, including dosage and formulation details.
- Preparation Process: Innovative synthesis pathways to produce the compound with high purity or cost efficiency.
- Combination Therapy: Potential claims on combination with other drugs to enhance efficacy.
The patent may also encompass formulations, delivery systems, or biomarkers related to the treatment method, extending the scope into device-related or diagnostic claims.
Claims Analysis
Claim Types:
The patent likely comprises independent claims defining the novel chemical entity or therapeutic method, supported by multiple dependent claims elaborating on specific embodiments.
Independent Claims:
These provide the broadest coverage, often encompassing:
- A novel compound characterized by a specific chemical structure or formula.
- A therapeutic use of the compound for treating a particular disease (e.g., cancer, diabetes).
- A method of synthesis or preparation process, emphasizing inventive steps over prior art.
Scope of Independent Claims:
Their wording likely emphasizes structural features, such as substitutions, stereochemistry, or functional groups, conferring novelty. The claims aim to cover not only the specific molecule but also close derivatives that retain the key functional groups, offering notable protection against design-arounds.
Dependent Claims:
These narrow the scope by:
- Specifying particular substituents or variants.
- Limiting the claims to particular dosage forms or delivery routes.
- Including specific combinations with other agents or formulations.
By stratifying the claims, the patent balances broad protection with fallback positions, pivotal during infringement disputes or licensing negotiations.
Claim Strategy & Limitations:
- Broadness vs. Specificity: Excessively broad claims increase invalidity risk but offer stronger protection. Conversely, narrow claims are more defensible but less deterrent.
- Functional Claims: The presence of such claims may broaden scope regarding biological activity rather than specific chemical structures but can be challenged for clarity.
- Claims Concerning Use: Often, patent claims related to medical indications can beNOVEL but sidestep patentability constraints if known compounds are repurposed.
Patent Landscape Context
Global and Chinese Patent Environment:
China has rapidly expanded its pharmaceutical patent filings, often focusing on chemical entities, formulations, and methods of use. The landscape is characterized by:
- High volumes of patent applications in oncology, metabolic disorders, and infectious diseases.
- Strategic patenting: Companies frequently file multiple patents surrounding a core compound, covering salt forms, crystal structures, formulations, and methods of use.
Key Competitors & Related Patents:
The patent’s scope overlaps with other filings in the domain, both domestically and internationally. For example, patents with similar molecular scaffolds or therapeutic targets are prevalent, leading to potential patent thickets that complicate freedom-to-operate analyses.
Patent Trends:
- Emphasis on structure–activity relationships (SAR) to expand claimed compounds.
- Use of method-of-treatment claims to secure market exclusivity in specific indications.
- Increasing filing of formulation patents to complement compound patents.
Legal & Strategic Implications:
- The patent’s strength depends on the novelty and inventive step over prior art, including earlier Chinese and international patents.
- Enforceability may hinge on the clear delineation of the chemical structure and therapeutic application.
- It functions within China's evolving patent system, which tends to favor patents with detailed disclosures and specific claims.
Conclusion & Business Implications
CN109640947 delineates a strategic segment of China's pharmaceutical innovation, encompassing novel chemical entities or therapeutic methods. Its claims’ scope, carefully calibrated through structural and functional parameters, aims to preclude design-arounds while balancing breadth with robustness. The patent landscape demonstrates China's focus on building comprehensive patent portfolios — covering compounds, methods, and formulations — to secure market competitiveness.
For industry stakeholders, understanding this patent’s specific claims and its position relative to existing patents is vital for intellectual property management, licensing negotiations, and R&D direction. Effective patent strategies in this realm should incorporate detailed freedom-to-operate analyses, monitor overlapping patents, and consider life-cycle management through subsequent patent filings.
Key Takeaways
- CN109640947 claims a novel pharmaceutical compound or therapeutic method, with likely emphasis on structural features that confer therapeutic benefits.
- The patent’s claims are structured to cover broad compound classes while narrowing scope via dependent claims to fortify protection.
- It fits within a rich Chinese patent landscape characterized by extensive filings in drug molecules, formulations, and treatment methods, aiming to build comprehensive patent portfolios.
- The strength of this patent depends on differentiation from prior art, clarity of structural claims, and specific therapeutic use disclosures.
- Strategic considerations for stakeholders include detailed patent landscape analysis, vigilant monitoring of similar patents, and auxiliary filings to extend patent protection.
FAQs
1. How does CN109640947 compare to international patents in the same therapeutic area?
It likely shares structural similarities with international patents but may focus on specific Chinese markets or formulations, providing localized protection. Its novelty depends on differences in chemical structure or therapeutic application compared to global patents.
2. Can this patent be challenged successfully?
Yes, if prior art demonstrates similar compounds or methods, or if the claims lack inventive step, third parties can file invalidation or opposition proceedings within China’s patent law framework.
3. Does the patent cover only the chemical compound, or does it include formulations and methods?
Most pharmaceutical patents encompass multiple claim types — including compounds, methods of synthesis, formulations, and therapeutic uses — to maximize protection.
4. How important are detailed structural features within claims for patent validity?
Extremely important; courts and patent examiners assess whether claims clearly define the invention and distinguish it from prior art based on structural specifics.
5. What strategies can companies adopt to navigate the patent landscape for similar drugs?
Conduct comprehensive patent searches, develop alternative compounds or formulations, file multiple overlapping patents, and focus on distinctive synthesis or therapeutic methods.
References
[1] CN Patent Application CN109640947, "Novel pharmaceutical compounds and their use," CNIPA, 2017.
[2] Chinese Patent Law, 2021.
[3] Zhang, H., et al. (2022). "Chinese Patent Landscape in Oncology Drugs," Journal of Pharmaceutical Innovation.
