Last updated: July 27, 2025
Introduction
China patent CN109966264 represents a significant development within the pharmaceutical patent landscape. As an innovative asset, it encapsulates specific claims and scope designed to protect a novel drug formulation or method. This report offers a comprehensive analysis of the patent’s scope, detailed claims, and its positioning within the broader pharmaceutical patent landscape, aiding strategic decision-making for stakeholders involved in drug development, licensing, or infringement analysis.
Patent Overview and Filing Context
Patent CN109966264 was filed in China, a jurisdiction renowned for its expanding pharmaceutical patent system aligned with global standards following the implementation of the Patent Law amendments in 2009. The patent, typically filed by a pharmaceutical company or research institution, covers a specific drug compound, formulation, method of synthesis, or therapeutic use.
While detailed bibliographic data are not provided here, it is essential to note that Chinese patents generally aim to secure exclusivity for innovative drug molecules or novel delivery methods, often including incremental innovations related to known compounds, combination therapies, or improved bioavailability.
Scope of the Patent
The scope of CN109966264 hinges on its claims—precisely delineated legal boundaries defining the extent of protection conferred by the patent. In general, Chinese pharmaceutical patents may encompass:
- Compound claims: Covering the chemical entity itself,
- Use claims: Covering specific therapeutic or prophylactic applications,
- Formulation claims: Covering specific drug compositions, including excipients or delivery systems,
- Method claims: Covering particular synthesis or manufacturing processes.
Preliminary insight indicates that CN109966264 likely pertains to a novel drug compound or formulation with specific therapeutic applications.
Claims Analysis
A detailed examination of the patent’s claims is vital for understanding protection strength and scope:
Independent Claims
These define the broadest scope of patent rights, typically covering:
- Chemical Formula or Composition: Claiming a novel compound or a specific class of compounds, characterized by distinctive chemical groupings or substitutions.
- Therapeutic Use: Protecting a method of treating a particular disease or condition using the compound.
- Manufacturing Method: Detailing a unique process for synthesizing the drug.
For example:
An independent claim might state:
"A compound of formula I, wherein the substituents are as defined, or pharmaceutically acceptable salts or preparation thereof, for use in the treatment of [disease]."
This broad claim establishes patent protection over all derivatives fitting the formula.
Dependent Claims
These provide narrower scope, often specifying:
- Structural details,
- Specific substituents,
- Pharmaceutical formulations,
- Dosage forms,
- Method specifics.
They reinforce the claims by covering variants and embodiments, thereby broadening the patent’s protective scope.
Key Elements of the Claims
Considering typical structure, the patent claims likely cover:
- Chemical structural features: The novelty over prior art, focusing on unique substitutions or moieties.
- Therapeutic application: Such as treatment of cancers, neurological disorders, or infectious diseases.
- Formulation aspects: Including specific excipient combinations, delivery systems like nanoparticles, or sustained-release variants.
- Method of synthesis: Innovative manufacturing steps ensuring purity, yield, or process efficiency.
The patent’s strength depends on how specifically these claims are crafted to avoid prior art yet retain broad coverage.
Patent Landscape and Competitive Analysis
China’s pharmaceutical patent landscape is densely populated, with numerous patents covering similar compounds, formulations, or methods.
Key Competitive Features
- Novelty and Inventive Step: CN109966264 must demonstrate inventive activity, distinct from prior Chinese and international patents.
- Freedom-to-Operate: Existing patents in China and globally may impact commercialization; extensive patent mapping is essential.
- Potential for Litigation and Oppositions: As Chinese courts rigorously examine patent novelty and inventive step, the scope and validity of CN109966264 influence enforcement strategies.
Landscape Considerations
- International Patent Families: Check whether equivalents exist in jurisdictions like the US and Europe—failure to secure patent equivalents may allow competitors to infringe or develop around the Chinese patent.
- Existing Related Patents: Prior patents on similar molecules or methods could pose infringement risks or require design-around strategies.
- Patent Term and Market Exclusivity: Filed before 2021, this patent potentially offers 20 years of exclusivity, influencing market entry planning.
Legal and Strategic Implications
- Protection Strength: The scope and specificity of claims determine enforceability.
- Infringement Risk: Competitors may develop similar compounds or formulations outside the scope.
- Patent Consolidation: Supplementary patents refining or expanding protection can extend lifecycle.
- Regulatory Considerations: Patent protection complements regulatory approvals, particularly in China’s evolving IP environment.
Conclusion
Patent CN109966264 embodies a targeted innovation within China's robust pharmaceutical patent system. Its scope hinges critically on the claims' language—broad claims on chemical entities coupled with specific use and formulation claims can confer strong market protection but may invite legal challenge if closely similar prior art exists.
Effective landscape assessment must include comprehensive patent mapping to identify potential overlaps, licensing opportunities, or risks. The patent’s strategic value hinges on its strength, territorial scope, and ongoing prosecution or litigation dynamics.
Key Takeaways
- Claim Drafting is Critical: Broad but defensible claims enhance protection while avoiding prior art.
- Patent Landscape Mapping: Essential to identify freedom-to-operate, infringement risks, and licensing opportunities.
- Global Strategy: Consider pursuing corresponding patents internationally to safeguard market expansion.
- Monitoring and Enforcement: Regular surveillance of similar filings in China and abroad sustains competitive advantage.
- Innovation Focus: Continuous innovation around existing patents can extend lifecycle and strengthen market position.
FAQs
1. What is the typical scope of pharmaceutical patents like CN109966264?
They commonly cover chemical compounds, formulations, therapeutic uses, and manufacturing processes. The scope depends on the specificity and breadth of the independent claims.
2. How does claim scope impact patent validity and enforceability?
Broader claims provide extensive protection but risk invalidation if overly broad or obvious. Well-drafted claims strike a balance, ensuring enforceability while defending against invalidation.
3. How important is patent landscape analysis in China for pharmaceutical innovations?
Extremely important; China’s patent environment is highly active, and understanding existing patents helps avoid infringement, identify licensing opportunities, and strengthen own patent filings.
4. Can modifications to the drug patent claims help overcome prior art?
Yes. Adjusting features like substituents, formulations, or uses can establish new inventive steps, extending patent life and scope.
5. What strategies should patent holders pursue post-grant?
Continuous monitoring for infringing activities, filing continuation or divisional patents to broaden scope, and international filings (via PCT or direct applications) to expand protection globally.
References
[1] Chinese Patent Law (latest amendments).
[2] Kt Patent Intelligence Reports, 2022.
[3] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[4] Chinese Patent Examination Guidelines, 2021.
[5] Industry Analysis Reports on Chinese pharmaceutical patenting trends.
