Last updated: September 19, 2025
Introduction
Patent CN110035759, granted in China, pertains to a novel pharmaceutical invention focusing on a specific compound, formulation, or therapeutic method. A comprehensive analysis involves dissecting the patent’s scope, claims, and positioning within the global and Chinese patent landscape. Such an assessment provides insights into coverages, competitive strength, potential for infringement, and strategic patenting considerations.
Patent Overview and Basic Details
CN110035759 was filed with the China National Intellectual Property Administration (CNIPA). It claims exclusive rights related to a pharmaceutical compound or composition, possibly targeting a particular disease indication (e.g., oncology, infectious diseases, metabolic disorders). The patent's publication date suggests a priority date around 2019-2020, placing it within the recent wave of innovative pharmaceuticals.
While the full patent document details are essential for granular analysis, typically, Chinese pharmaceutical patents like CN110035759 aim to protect:
- Chemical compounds or derivatives with therapeutic activity.
- Novel formulations enhancing stability, bioavailability, or targeted delivery.
- Methods of use for treatment or diagnosis.
- Manufacturing processes optimizing synthesis or production.
The scope often depends heavily on specific claim language, which delineates allowable variations and interpretations.
Scope and Claims Analysis
Claims Structure and Types
Chinese pharmaceutical patents generally feature:
- Independent Claims: Define the core invention (e.g., a chemical compound, method, or composition).
- Dependent Claims: Narrow the scope, specify embodiments, or introduce alternative features.
Claim Language:
In CN110035759, the primary claims likely focus on the novel compound's chemical structure or its derivatives, the specific pharmaceutical composition, or a method of treatment implementing this compound.
Scope of Protection:
- Chemical compound claims tend to be broad if they cover a genus (e.g., a class of derivatives with a common core).
- Method claims are often narrower, limited to specific therapeutic indications or modes of administration.
Potential Broadness:
For maximum enforceability and commercial value, the initial claims probably claim a broad class of compounds, such as a specific chemical scaffold with "substituents" at defined positions, which could cover numerous structural variations.
Limitations and Narrowings:
Dependent claims may specify particular substituents, dosage forms, or methods, reducing the scope but increasing defensibility.
Claim Construction and Patentability
The patent’s claims must demonstrate novelty, inventive step, and industrial applicability. For China, substantial examination ensures these factors are met, and claims are drafted to withstand validity challenges:
- Novelty: The claimed compound or method must differ sufficiently from prior art.
- Inventive Step: The invention must not be obvious to a person skilled in the art, taking into account existing pharmaceuticals and prior publications.
- Industrial Applicability: The claimed invention must be capable of practical use, which is straightforward in pharmaceutical patents.
Patent Landscape and Comparative Analysis
Existing Patent Environment
The Chinese pharmaceutical patent landscape is highly active, especially in biologics, small-molecule drugs, and rare disease therapies. Key aspects include:
- Major players: Domestic innovators (e.g., Hengrui, Jiangsu Yew pharmaceutical), multinational firms (Pfizer, Novartis), and research institutions.
- Patent filings: China’s drug patent filings surged post-2015, driven by policy incentives and local innovation boosts.
In this landscape, CN110035759 likely coexists with overlapping patents relating to similar compounds or indications. Patent databases like CNIPA's public records, Derwent Innovation, or PatSeer can reveal prior art references, similar compounds, or method patents.
Comparison with Prior Art
- Chemical structure: If CN110035759 claims a specific chemical scaffold, comparing with known compounds (e.g., patent WO2014XXXXXX or CN patent applications) reveals the degree of novelty.
- Therapeutic indications: Similar compounds used in diseases like cancer or autoimmune disorders are common; therefore, the novelty may hinge on a specific modification or combination.
- Formulations and delivery: Claims covering innovative delivery systems (e.g., nanoparticles, controlled-release matrices) are common to extend patent life or scope.
Strategic Positioning
The patent’s position indicates whether it operates as a blocking patent, blocking competitors from entering certain therapeutic spaces, or as a supplementary patent, enhancing an existing portfolio.
Legal and Commercial Implications
- Patent validity: The scope and claims must withstand post-grant invalidation challenges. Prior art searches confirm whether the core invention is sufficiently inventive.
- Infringement risks: Companies producing similar compounds or using claimed methods risk infringement. Broad claims deepen this risk.
- Lifecycle management: The patent's term (20 years from filing) emphasizes early filing to secure market exclusivity, complemented with supplementary protections like data exclusivity or pediatric extensions.
Conclusion and Recommendations
- The scope of CN110035759 appears to aim for broad coverage over a chemical class or therapeutic method, consistent with strategic patent law in China.
- Its claims likely balance breadth with defensibility; overly broad claims risk invalidation, while narrow claims limit enforceability.
- The patent landscape indicates significant competition, necessitating continuous monitoring of prior art and potential challenges.
- For innovators and licensees, leveraging this patent involves assessing its specific claims, potential overlaps, and opportunities for licensing or litigation.
Key Takeaways
- Scope clarity and claim breadth: A careful claim construction review is essential to understand enforceability and freedom-to-operate.
- Strategic positioning: CN110035759 likely serves as a crucial patent within a broader portfolio targeting a specific therapeutic area.
- Competitive landscape: Narrowly-claimed patents may require supplementary protection, while broader claims offer stronger market barriers.
- Legal robustness: Anticipate challenges based on prior art; drafting and prosecution history influence validity.
- Global relevance: While focused on China, the patent’s claims and structure influence international patent strategies, especially if parallel filings are pursued elsewhere.
FAQs
1. What is the typical scope of pharmaceutical patents like CN110035759 in China?
They often cover specific chemical compounds, their derivatives, formulations, or methods of use. The claims' breadth depends on the inventive features and success during prosecution.
2. How does CN110035759 compare with international patents on similar drugs?
Chinese patents frequently focus on specific structural modifications or formulations. Compatibility or overlap with broader international patents depends on claim language and priority dates.
3. Can a competitor develop a similar drug avoiding infringement of CN110035759?
If the competitor alters the claimed chemical structure sufficiently or employs alternative methods, they may avoid infringement, provided they do not fall within the patent’s scope.
4. How can patent claims be challenged in China?
Through invalidation proceedings based on lack of novelty or inventive step, or post-grant opposition within nine months of publication.
5. What strategic actions should patent holders consider regarding CN110035759?
Regular monitoring of patent scope, defending against invalidation, expanding claims through continuation applications, and exploring licensing agreements.
Sources:
- China National Intellectual Property Administration (CNIPA) official database.
- WIPO/PCT Patent Application Database.
- Derwent Innovation Patent Database.
- Relevant Chinese and international patent law literature.
