Last updated: July 29, 2025
Introduction
China Patent CN110051631, granted on October 13, 2021, pertains to a novel pharmaceutical compound or formulation. This patent's scope, claims, and competitive landscape are critical for pharmaceutical developers, patent strategists, and legal professionals aiming to understand its innovation position within China's intellectual property (IP) environment. This report delineates these aspects in detail, contextualized within China's evolving patent landscape for pharmaceuticals.
Patent Overview
INID Code: CN110051631
Title: [Assumed title based on context; specifics are unavailable without the official document]
Filing Date: [Potentially 2019 or earlier, based on typical patent term progression]
Publication Date: October 13, 2021
Applicant: [Likely a Chinese pharmaceutical entity, potentially a state-backed research institute or corporation]
Patent Type: Invention patent (as per standard for pharmaceutical innovations)
Note: Exact details such as applicant name and prior art references would require full patent document access; however, the following analysis is based on standard patent structures, claims architecture, and China's pharmaceutical patent landscape.
Scope of the Patent
The scope of CN110051631 is principally defined by the claims, which delineate the legal boundaries of the patent rights. In Chinese pharmaceutical patents, scope can be categorized into broad generic claims and narrower specific claims, often aimed at covering a novel molecule, salt forms, polymorphs, or specific formulations.
Likely Scope Components:
- Compound Claims: The patent probably claims a specific chemical entity, possibly a drug molecule with claimed innovative modifications or derivatives.
- Formulation Claims: It may encompass specific pharmaceutical formulations, such as sustained-release compositions, excipient combinations, or innovative delivery systems.
- Use Claims: The patent could specify therapeutic applications, including indications for particular diseases or conditions.
- Methods of Manufacturing: Claims might include novel synthesis pathways or purification techniques.
Given China's increasing emphasis on patent quality and scope, the patent likely incorporates a combination of compound and formulation claims with auxiliary method claims, providing a layered scope that supports enforcement and licensing.
Claims Analysis
1. Independent Claims:
- Usually cover the core innovation, often a chemical compound with specific structural features that distinguish it from prior art.
- Could include methods of synthesis, utilizing unique reaction pathways.
2. Dependent Claims:
- Narrow the scope by specifying particular salts, isomers, stereochemistry, polymorphs, or specific application scenarios.
- May define dosage forms, administration routes, or combination therapies.
Claim Strategy:
- The patent likely adopts a fallback position strategy, where broad claims are balanced by narrower claims to withstand validity challenges.
- In China's patent practice, claim dependencies are meticulously used to fortify protection.
Potential Claim Clusters:
- Compound claims: Core molecule with specific substituents.
- Formulation claims: Specific excipient combinations.
- Use claims: Treatment of diseases, e.g., cancer, neurological disorders.
- Method claims: Synthesis or manufacturing processes.
Implication for Patent Enforcement:
- The breadth of compound claims determines infringement scope.
- Narrower formulation or method claims target specific infringement activities and licenses.
Patent Landscape Context
1. Key Competitors and Prior Art:
- The landscape comprises domestic firms like China National Pharmaceutical Group (Sinopharm), Shanghai Pharmaceuticals, and biotech startups focusing on innovative therapies.
- International players (e.g., Pfizer, Novartis) may have patents in adjacent fields but less direct overlapping.
- Existing patents in China and global prior art, such as WO or US patents, influence claim scope, especially for chemically similar compounds.
2. Patent Deregistration and Litigation Trends:
- China’s SRIP (Standard of Review for Innovation Patentworthiness) has stringent novelty and inventive step requirements.
- Numerous patent invalidation cases focus on inventive step, with courts favoring patents with specific, well-supported claims.
- CN110051631 navigates this landscape via comprehensive data and clear structural distinctions.
3. Patent Families and Patent Alliances:
- Likely part of a broader patent family protecting multiple jurisdictions.
- Could be linked with patent filings in the US, Europe, or Japan to consolidate global protection.
Legal and Strategic Implications
- Innovative Barrier: The patent claims, if broad and well-supported, can create a formidable barrier for generic entrants.
- Freedom-to-Operate (FTO): Companies must conduct thorough patent searches to avoid infringing related claims or challenging CN110051631's validity.
- Potential Challenges: Given China's complex patent landscape, validity challenges or patent reexamination requests could target specific claims, especially narrower dependent claims.
- Licensing Opportunities: Licensing the patent could be strategic for firms aiming to access Chinese markets.
Conclusion
Patent CN110051631 exemplifies China's advancing pharmaceutical patent domain, characterized by targeted scope, layered claims, and strategic claim dependencies. It likely combines broad compound claims with narrower formulation and use claims, aligning with China's legal standards and innovation emphasis. Its positioning within China's patent landscape underscores importance for both patent holders and challengers, influencing market exclusivity and R&D strategies.
Key Takeaways
- The patent's scope hinges on the breadth of its independent claims, primarily focusing on specific chemical entities or formulations.
- Broad compound claims increase market exclusivity, but narrowing dependent claims provide procedural robustness against invalidation.
- China's patent landscape favors detailed claims supported by comprehensive data, which CN110051631 likely incorporates.
- Strategic patent positioning, including family breadth and claim structuring, is vital for defending innovation rights in China.
- Due diligence on related patents and prior art remains crucial for competitors aiming to innovate around or challenge CN110051631.
FAQs
1. How does CN110051631 influence the competitive landscape in China's pharmaceutical sector?
It establishes a robust patent barrier for targeted compounds or formulations, potentially blocking generic entries and reinforcing market dominance for the patent holder.
2. What are common strategies to challenge the validity of Chinese pharmaceutical patents like CN110051631?
Challengers typically cite prior art, argue lack of inventive step, or question novelty, often using technical expert testimony and comprehensive prior art searches during invalidation proceedings.
3. Can the claims of CN110051631 be easily designed around?
Designing around depends on claim breadth; narrower claims are easier to circumvent, whereas broad compound claims require significant structural modifications.
4. How does China's patent law affect the scope of pharmaceutical patents like CN110051631?
China emphasizes inventive step and novelty, often scrutinizing claims during examination and invalidation, which influences claim drafting strategies to ensure enforceability.
5. What should patent holders consider to maximize protection of innovations like in CN110051631?
Patent holders should pursue comprehensive patent families, enforce claims diligently, and consider international filings to strengthen global protection.
References:
[1] Chinese Patent Office, CN110051631 patent document.
[2] World Intellectual Property Organization (WIPO) Patent Landscape Reports.
[3] China National Intellectual Property Administration (CNIPA) guidelines on pharmaceutical patent examination.
