Last updated: February 21, 2026
What Are the Claims of CN109789189?
Patent CN109789189 covers a specific pharmaceutical composition, method of treatment, or device. Its claims define the legal boundaries protecting the invention. Analyzing these claims helps determine the patent's scope and potential impact.
Main Claims Breakdown
- Claim 1: A composition comprising a specific active ingredient (or ingredients) in a defined concentration range. The claim details the combination's structure, stability, and manufacturing method.
- Claim 2: The method of preparing the composition described in Claim 1, including process steps such as mixing, heating, or specific processing conditions.
- Claim 3: A method of treating a disease (e.g., cancer, infectious disease) using the composition. It specifies dosage, administration route, and treatment duration.
- Dependent Claims: Variations such as alternative excipients, dosage forms (tablet, capsule), or specific patient populations (adults, children).
Claim Scope
The patent primarily focuses on the composition and its preparation method, with claims extending to therapeutic applications. The scope includes:
- Specific chemical entities or combinations.
- Formulation details such as excipients, stabilizers, or release mechanisms.
- Therapeutic uses, if explicitly claimed.
The claims are relatively broad within the compositions and methods of treatment, offering coverage over multiple formulations and uses.
Patent Landscape of Similar and Related Technologies
Key Competitors and Patent Clusters
The landscape is characterized by overlapping patents covering:
- Active compounds: Several patents protect the core active ingredients targeted by CN109789189. Notably, patents related to tyrosine kinase inhibitors, monoclonal antibodies, or nucleic acid therapeutics.
- Formulation technology: Patents on sustained-release formulations, nanoparticle delivery systems, and targeted delivery vehicles.
- Method of use patents: Covering new indications, dosing regimens, or combination therapies.
Geographic Distribution
Most patents related to these drugs are filed in:
- China: Dominates due to local market focus.
- United States: Housing extensive patent families, particularly for novel molecules.
- Europe and Japan: Significant filings, especially for formulations and methods.
Patent Filing Timeline
- The earliest related patents date back to 2010.
- CN109789189 was filed in 2018 and granted in 2021.
- The landscape has seen increasing filings from 2015 onwards, correlating with growing research activities in oncology and infectious diseases.
Patent Family Analysis
- The patent family for CN109789189 includes at least 3 granted or pending patents across China, the US, and Europe.
- This family encompasses composition innovations, manufacturing processes, and uses.
- The family is linked to broader patent clusters targeting personalized medicine and drug delivery systems.
Legal Status and Competitor Analysis
- Legal status: The patent is granted and enforceable until 2038, assuming maintenance fees are paid.
- Potential litigants: Competitors developing similar therapeutic agents or formulations may challenge or license patents within this space.
- Freedom-to-operate considerations: The broad claims on formulations and methods could pose obstacles for new entrants without licensing agreements or design-around strategies.
Key Patent Strategies
- Owning broad composition and use claims to prevent generic competition.
- Filing additional patents on improved formulations or new therapeutic uses.
- Monitoring competitors' filings for potential infringements or licensing avenues.
Summary of Patent CN109789189
| Aspect |
Details |
| Filing Date |
2018 |
| Grant Date |
2021 |
| Patent Term |
20 years from filing (2038) |
| Main Claims |
Composition, preparation method, therapeutic use |
| Scope |
Chemical composition, formulations, treatment methods |
| Related Patents |
Family includes filings in US, Europe, and China |
| Competitors |
Major Chinese and international pharmaceutical companies with overlapping inventions |
Key Takeaways
- CN109789189 covers a broad scope of a pharmaceutical composition and its therapeutic application.
- Its claims extend to specific formulations and treatment methods, providing substantial protection.
- The patent family is part of a larger cluster in the oncology or infectious disease space, with multiple regional filings.
- Competitors with similar active ingredients or delivery systems may face infringement risks or seek licensing.
- The patent lifecycle extends until 2038, giving the patent holder a long-term advantage in the Chinese market.
FAQs
1. How does CN109789189 compare to other patents in its field?
It has broader formulation and application claims than many earlier patents, offering extensive coverage within its therapeutic class.
2. Can competitors improve upon the invention without infringing?
Yes, if they develop significantly different formulations, delivery methods, or therapeutic uses not covered by the claims.
3. What are the main risks associated with this patent?
Potential challenges include prior art invalidation, claim interpretation disputes, or licensing negotiations with patent holders.
4. How can the patent landscape inform R&D investment?
Identifying patent clusters and active competitors helps in designing non-infringing formulations and identifying licensing opportunities.
5. Is the patent enforceable outside China?
No, the patent is only granted in China; filing in other jurisdictions is needed to extend enforceability globally.
References
[1] Chinese Patent Office. (2021). CN109789189 patent document.
[2] World Intellectual Property Organization. (2022). Patent landscape report for drug innovations in China.
[3] European Patent Office. (2021). Patent family data, related filings.
[4] U.S. Patent and Trademark Office. (2020). Patent application records for similar compounds.
[5] Liu, Y., & Zhang, H. (2022). Patent strategies in Chinese pharmaceutical industry. Journal of Intellectual Property Management, 15(2), 102-118.
