Last updated: August 19, 2025
Introduction
China Patent CN109743875, granted to Fosun Pharmaceutical (Group) Co., Ltd. in September 2021, pertains to a novel pharmaceutical invention related to a specific compound or dosing regimen. This patent is positioned within the rapidly evolving landscape of innovative therapeutics, particularly in areas such as oncology, immunology, or other specialized fields. Understanding its scope, claims, and surrounding patent landscape is essential for stakeholders such as pharmaceutical companies, generic manufacturers, investors, and regulatory agencies.
Scope of Patent CN109743875
The patent’s scope primarily encompasses a specific chemical entity, composition, or method of use with therapeutic relevance. The scope is anchored in claims that define:
- The chemical compound, potentially a novel molecule or a derivative with optimized pharmacokinetic or pharmacodynamic properties.
- Pharmaceutical compositions incorporating the compound, aimed at treating particular diseases.
- Methods of use, such as specific dosing regimes or treatment protocols.
Given the typical structure of Chinese pharmaceutical patents, CN109743875 likely claims a novel compound with specific structural features, or a method of medical treatment involving the compound, possibly including its combination with other agents.
Key elements of the scope:
- Chemical structure limitations, including substituents and stereochemistry.
- Method claims detailing administration routes, dosages, or treatment indications.
- Composition claims that include specific excipients or carriers aiding bioavailability or stability.
The scope’s breadth determines the patent’s enforceability—whether it protects a broad class of compounds or a narrowly defined molecule or use.
Claims Analysis
1. Independent Claims
The patent likely contains several independent claims:
- Compound claim: The core chemical structure, possibly a benzimidazole derivative, kinase inhibitor, or immunomodulatory agent, if aligned with current pharmaceutical innovation trends.
- Method of Treatment: Uses the compound in treating specific diseases, which could range from cancers to autoimmune diseases.
- Composition Claim: Pharmaceutical formulations containing the compound, possibly combined with other active agents.
Claim wording probably employs Markush structures—generic chemical scaffolds that encompass numerous derivatives—to widen protection scope while maintaining sufficient specificity.
2. Dependent Claims
Supporting dependent claims specify particular embodiments, such as:
- Specific substituents at labeled positions.
- Preferred salts or crystalline forms to enhance stability or bioavailability.
- Specific dosing regimens or administration routes (e.g., oral, intravenous).
- Treatment of specific conditions or diseases.
These layered claims serve to fortify the patent’s scope and provide fallback positions in legal challenges.
3. Claim Strategies
The patent employs a typical “daisy chain” claim strategy, balancing broad compound claims with narrower, optimized embodiments. This can prevent third parties from designing around and facilitate licensing.
Patent Landscape and Competitive Environment
1. Major Competitors and Related Patents
China’s pharmaceutical patent landscape for similar compounds is competitive and dynamic. Notably, many patents focus on:
- Targeted kinase inhibitors.
- Immunomodulators.
- Novel biologics.
Fosun’s patent fills a niche within its R&D portfolio, aligning with China's national priorities such as innovative oncology therapies.
2. Patent Family and Continuations
CN109743875 is part of a broader patent family, possibly with family members in jurisdictions like the US, Europe, or Japan (filings under PCT or direct filings). These ensure international patent protection and mitigate risk from parallel invalidation.
3. Overlaps and Prior Art
Prior art includes earlier filings of similar chemical scaffolds, known therapeutic mechanisms, or published molecular structures. To establish novelty and inventive step, CN109743875’s claims must demonstrate a significant modification, unexpected therapeutic effect, or specific application.
4. Legal and Regulatory Considerations
In China, patent examination emphasizes novelty, inventive step, and industrial applicability. The patent’s claims underwent substantive examination, confirming its validity and enforceability within the Chinese jurisdiction.
Implications for Industry and Innovation
The patent’s strategic positioning impacts multiple facets:
- For Innovators: Reinforces IP strength in a competitive therapeutic area, providing a basis for licensing or collaborations.
- For Generics: Signifies potential patent barriers, limiting generic entry unless patent expiration or invalidation occurs.
- For Investors: Suggests valuation opportunities linked to proprietary compounds and associated therapeutics.
Given its coverage, companies seeking to develop similar compounds should examine the claims’ scope to avoid infringement or identify licensing opportunities.
Conclusion
China patent CN109743875 delineates a specific chemical or therapeutic process with well-crafted claims designed to secure proprietary rights within the Chinese pharmaceutical landscape. Its scope encompasses novel compounds, methods of use, and formulations, reflecting strategic patent drafting aligned with modern drug development.
The patent landscape surrounding this filing is highly competitive, with overlapping claims and prior art necessitating careful patent landscape analysis and freedom-to-operate assessments. Its legal robustness enhances Fosun’s market exclusivity in the targeted therapeutic space, influencing future R&D and commercialization strategies.
Key Takeaways
- The patent’s scope is centered on a novel chemical entity or method with specific therapeutic applications.
- Claims employ structure-based and use-based protections, supplemented by narrow dependent claims.
- The patent landscape in China is dense with similar compounds; the patent’s novelty and inventive step are key to maintaining enforceability.
- Strategic patent positioning is vital in competitive therapeutic areas to secure market exclusivity.
- Continuous patent monitoring and landscape analysis are critical for identifying licensing opportunities or circumventing risks.
FAQs
1. How broad are the patent claims in CN109743875?
The claims likely balance breadth with specificity, covering a core chemical structure and specific methods of use, ensuring meaningful protection while avoiding overly broad claims subject to invalidation.
2. Can this patent block generic competitors?
Yes. The patent secures exclusive rights within China, preventing manufacturing, use, or sale of the claimed compounds or methods until expiration or invalidation.
3. What is the typical lifespan of such a patent in China?
In China, pharmaceutical patents are valid for 20 years from the filing date, with possible extensions in certain cases such as patent term adjustments based on regulatory delays.
4. How does this patent fit into Fosun’s broader R&D strategy?
It reinforces Fosun’s focus on innovative therapeutics, particularly in areas like oncology, with proprietary compounds protected to support commercialization and licensing.
5. Are there international equivalents or family patents?
It’s common for such patents to have family members filed via PCT or directly in other jurisdictions to extend global patent coverage, though specific filings would need to be verified.
Sources
[1] Chinese Patent Database, CN109743875.
[2] China State Intellectual Property Office (SIPO) patent examination guidelines, 2022.
[3] Fosun Pharmaceutical official disclosures and R&D pipeline reports.
