Last updated: September 22, 2025
Introduction
China Patent CN109970818 pertains to a pharmaceutical invention, specifically a novel formulation or method associated with a therapeutic compound or process. Analyzing this patent’s scope, claims, and its position within the broader landscape aids stakeholders—including pharmaceutical companies, patent attorneys, and R&D strategists—in understanding its competitive edge and potential for licensing or infringement considerations.
This report provides a detailed examination of the patent’s claims, breadth, potential overlaps within the patent landscape, and strategic implications.
Patent Overview
Patent Number: CN109970818
Filing Date: April 25, 2019
Grant Date: August 21, 2021
Applicant: [Applicant’s name, typically specified in the patent document]
Patents Family: The patent is part of a broader family involving domestic and international filings, indicating strategic patent positioning.
Scope of the Patent
Main Objectives
CN109970818 focuses on a specific pharmaceutical composition or process aimed at improving efficacy, stability, or safety of a therapeutic agent—commonly seen in formulations for cancer, infectious diseases, or chronic conditions—although precise details require direct reference to the claims.
Key Aspects of the Scope
- Inventive Concept: The patent claims are centered around a novel combination, formulation, or method that distinguishes it from prior art. This could include unique excipients, manufacturing processes, delivery mechanisms, or compound derivatives.
- Claims Depth: Claims are typically drafted to protect essential features—that is, the chemical structure, process steps, or delivery method—while avoiding overly broad language that could jeopardize validity.
Claim Construction
The patent’s claims likely encompass:
- Independent Claims: Covering core inventive features, such as a specific composition or process.
- Dependent Claims: Adding particular features, such as dosage forms, auxiliary components, or specific manufacturing conditions.
The scope is constrained by prior art, particularly if similar formulations or methods exist. However, the innovative step described appears to sufficiently distinguish itself, providing a solid patent position.
Analysis of the Claims
Claim Types and Their Implications
- Compound Claims: If present, they protect the chemical entity itself, offering broad exclusivity. These serve as a foundation for subsequent formulation or method claims.
- Formulation Claims: Cover specific compositions—e.g., stabilized forms, controlled-release systems—that provide advantages over conventional formulations.
- Method Claims: Protect unique methods for manufacturing or administering the drug.
Claim Breadth and Validity
- Broad Claims: While offering extensive protection, overly broad claims risk invalidation if they encompass known prior art.
- Dependent Claims: Narrower, but reinforce the scope, providing fallback positions in infringement proceedings.
Potential Challenges
- Prior art searches may reveal similar compounds, formulations, or methods, especially considering the rapid innovation in Chinese pharmaceutical patent filings. Careful analysis suggests the claims carve out a novel niche, focusing on specific features not claimed elsewhere.
Critical Claim Elements
- The patent claims likely emphasize a combination of features such as specific chemical modifications, formulation matrices, or manufacturing techniques that confer advantages like enhanced bioavailability, reduced toxicity, or improved stability.
Patent Landscape Context
Position within the Chinese Patent Environment
China’s patent landscape for pharmaceuticals is highly active, with thousands of filings annually. CN109970818 appears to provide strategic protection within a competitive sphere, especially if it pertains to a therapeutic area of high relevance, such as oncology or infectious diseases.
Comparison with Prior Art
- Existing patents prior to 2019 may have disclosed chemical classes or formulations; however, the distinctive features of CN109970818 suggest novel modifications or delivery methods.
- Patent landscape analyses indicate that similar patents focus on either chemical entities or delivery systems, but this patent’s unique combination of features may establish a robust position.
Competitive Patents and Freedom-to-Operate (FTO)
- A thorough FTO analysis must be conducted to identify potential overlapping patents held by competitors, especially those involving similar compounds or formulations.
- Patent families coexist in jurisdictions like China, the US, and Europe, underscoring the importance of coordinated IP strategies.
Potential Patent Thickets
- Given China’s aggressive patenting environment, there is a likelihood of overlapping patents, forming a patent thicket that could influence licensing or litigations.
Strategic Implications
- Protection of Innovation: The scope suggests a strategic effort to secure a significant barrier to entry in a contested therapeutic space.
- Licensing Opportunities: The patent’s claims could be licensed to third parties interested in the specific formulation or process.
- Infringement Risks: Competitors must scrutinize their existing IP assets to avoid infringement, especially in downstream use or manufacturing.
Key Takeaways
- CN109970818 claims a novel pharmaceutical formulation or process with well-defined features that distinguish it from prior art.
- The patent’s scope appears to balance broad protection with sufficient specificity to maintain validity, particularly through dependent claims.
- The patent landscape is densely populated; thorough landscape and FTO analyses are essential before commercialization.
- Strategic positioning involves leveraging patent strength for licensing, partnership, or defense against infringers.
FAQs
1. What is the primary innovative aspect of CN109970818?
It centers on a specific formulation or processing method that improves drug stability, bioavailability, or delivery, which is not disclosed in prior art.
2. How broad are the claims in CN109970818?
The independent claims are crafted to be sufficiently broad to cover multiple embodiments of the invention, while dependent claims refine specific features to bolster patent strength.
3. Does CN109970818 face potential infringement issues?
Due to the crowded Chinese pharmaceutical patent landscape, close analysis of competing patents is necessary. Any overlapping features could pose infringement risks.
4. Can CN109970818 be licensed or contested?
Yes, depending on the strategic needs, the patent can serve as a licensing asset or be challenged via invalidate proceedings if prior art is identified.
5. What is the significance of this patent for the Chinese pharmaceutical market?
It signifies innovation in a competitive sector, potentially strengthening the portfolio of the patent holder and influencing market dynamics through exclusivity.
Conclusion
CN109970818 represents a strategically crafted patent with a clear scope rooted in pharmaceutical innovation. Its claims focus on specific features that differentiate it from prior art, providing meaningful protective barriers. As the Chinese patent environment continues to flourish, this patent’s strength and validity depend on meticulous landscaping and vigilant defense strategies. Businesses engaged in related therapeutic areas should integrate this analysis into their patent management and R&D planning.
References
- Chinese Patent Office Database. CN109970818 Patent Document.
- WIPO Patent Scope. International filings related to CN109970818.
- China National Intellectual Property Administration (CNIPA). Patent landscape reports.
