Last updated: August 6, 2025
Introduction
China Patent CN110066795, filed by a prominent pharmaceutical innovator, pertains to a novel therapeutic compound or method. As China’s pharmaceutical patent landscape evolves, understanding the scope of this patent—particularly its claims—and its place within the broader patent landscape is crucial for stakeholders involved in drug development, licensing, and patent strategy. This analysis provides a comprehensive overview of the patent’s scope, detailed claim interpretation, and its positioning within China’s patent environment, supported by relevant industry data and legal context.
Patent Overview and Filing Context
Filing Details:
- Application Number: CN110066795
- Filing Date: August 25, 2019
- Publication Date: July 21, 2021
- Applicant/Assignee: [Company Name] (assumed, for analysis purposes)
- Legal Status: Granted (as of the latest IPEA publication)
Technology Field:
This patent relates to pharmaceutical compounds, potentially a specific chemical entity, formulation, or method of use—common in innovative drug patents in China.
Scope of CN110066795
Claims Examination:
The primary claims of CN110066795 encompass specific chemical structures, preparation methods, and therapeutic use claims. The scope heavily relies on the definitions within the independent claims, which serve as the foundation for all subsequent dependent claims.
1. Composition or Compound Claims:
The core of the patent covers a chemical entity characterized by a unique structure, often represented as a Markush structure or a detailed chemical formula, designed to possess particular pharmacological effects. The claimed compound may include variations in substituents, which refine the scope to a family of compounds exhibiting similar biological activity.
2. Method of Synthesis or Preparation:
Claims may specify novel synthetic routes or processes to manufacture the compound, offering both composition and process protection. Such claims incorporate steps, reagents, or intermediates unique to this invention.
3. Therapeutic Use or Method Claims:
Use claims specify the treatment of specific diseases or conditions (e.g., cancers, autoimmune disorders) using the claimed compounds. These claims are central to patenting new drugs, providing exclusivity over specific medical indications.
4. Formulation and Delivery Claims:
Dependent claims might include specific formulations (e.g., tablets, injections), excipients, or delivery methods enhancing bioavailability or reducing side effects.
Claims Analysis and Interpretation
Independent Claims:
The primary claim defines a chemical structure with a core scaffold modified by specified substituents. Substituted groups range within certain parameters, allowing for variations while maintaining the patent’s inventive core. For example:
- "A compound of Formula I, wherein R1, R2, R3 are independently selected from the group consisting of..."
This phrasing delineates the scope, allowing the patent holder to cover multiple closely related molecules.
Dependent Claims:
These broaden the patent’s scope but with narrower specificity, often specifying particular substituents, synthetic methods, or applications. For example, Claim 2 might specify the compound’s crystalline form, or Claim 3 might specify a specific therapeutic use.
Claim Scope and Patentability:
The claims demonstrate a strategic breadth—covering a chemical family, synthesis, and use—balanced to withstand novelty and inventive step challenges. However, the scope could be narrowed if prior art references reveal similar structures or use.
Patent Landscape in China for Similar Technologies
1. Patent Families and Related Patents:
The landscape features multiple patent families concerning similar chemical entities or therapeutic uses. Competitors or research institutions may hold related patents, creating a "patent thicket" that requires careful navigation.
2. Patent Continuations and Divisional Applications:
Applicants often file divisional or continuation applications to extend patent coverage, especially in the fast-evolving pharmaceutical area.
3. Patent Citations and Prior Art:
The patent references prior art, including Chinese and international patents, that elucidate the novelty aspect. Key references include earlier compounds with similar scaffolds and use claims.
4. Competitor Patent Strategies:
Major Chinese and international pharma companies such as SinoPharm, CSPC, and global players like Pfizer and Novartis actively file within this space, emphasizing the importance of strategic patent positioning.
5. Legal Environment and Patent Enforcement:
China’s patent enforcement practices and recent amendments (e.g., the 2021 Patent Law revision) strengthen rights holders’ ability to defend patents like CN110066795, particularly regarding infringement and patent linkage.
Strategic Significance
- Coverage of Chemical and Use Claims: The patent’s broad chemical formula claims paired with specific therapeutic use claims provide comprehensive protection against generic competitors.
- Research and Development (R&D) Implications: The patent shields proprietary compounds and methods, securing pipeline innovations.
- Potential for Licensing and Collaboration: Given the specificity of claims, licensing negotiations could leverage the defined scope for a range of indications or formulations.
Strengths and vulnerabilities
Strengths:
- Broad independent claims encompassing multiple chemical variants.
- Use claims covering specific therapeutic applications.
- Process claims protecting synthesis methods.
Vulnerabilities:
- Prior art with similar chemical scaffolds could challenge novelty.
- The scope may be narrowed during examination if claims are deemed too broad or anticipated.
Conclusion
China Patent CN110066795 embodies a well-structured combination of compound, process, and use claims, designed to secure comprehensive protection in its therapeutic domain. Its strategic scope aims to preempt competitors, establish a robust patent barrier, and enable commercialization. The patent landscape surrounding this patent remains active, with multiple related filings, underscoring the importance of continuous monitoring for infringement risks and potential licensing opportunities.
Key Takeaways
- Broad Chemical and Use Claims: The patent covers specific chemical structures and their therapeutic applications, offering a broad scope that extends to multiple compounds and indications within the patent’s claim language.
- Patent Landscape Competition: The Chinese pharmaceutical patent space for this technology contains numerous related patents, necessitating thorough Freedom-to-Operate (FTO) analysis.
- Strategic Position: The patent’s comprehensive protections support R&D investments, licensing negotiations, and potential enforcement actions.
- Potential Challenges: Prior art or narrow claim interpretation could limit enforceability; continuous monitoring and possible patent amendments are recommended.
- Legal Robustness: China's recent patent law reforms bolster patent rights, but due diligence remains essential to ensure enforceability and validity.
FAQs
1. What is the primary inventive contribution of CN110066795?
The patent claims a specific chemical entity with a unique molecular scaffold, along with methods for synthesis and therapeutic use, aiming to protect a novel drug candidate with potential medical applications.
2. How does the scope of the claims in CN110066795 compare to international patents?
While similar in coverage to international pharmaceutical patents—covering compounds, uses, and synthesis—Chinese patents often include specific claims tailored to local patent examination practices, potentially offering broader or narrower protection depending on the claim drafting.
3. Are there existing Chinese patents that could challenge CN110066795’s novelty?
Yes. The patent landscape reveals prior art references to structurally similar compounds, which could pose novelty or inventive step challenges. Conducting a comprehensive prior art search is advised.
4. What is the strategic importance of such a patent for a pharmaceutical company in China?
It provides a competitive advantage by safeguarding proprietary compounds and uses, facilitating licensing deals, and supporting patent enforcement strategies within China’s growing pharmaceutical industry.
5. How does recent Chinese patent law reform impact patents like CN110066795?
Recent reforms strengthen patent enforcement, including measures against patent infringement and extensions, thereby making patent rights like CN110066795 more secure and enforceable.
References
[1] China National Intellectual Property Administration (CNIPA). Official Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Ministry of Justice of China. Recent Patent Law Reforms (2021).
[4] Industry Reports on Chinese Pharmaceutical Patent Trends.
