Last updated: July 27, 2025
Introduction
China Patent CN110123792 concerns a novel pharmaceutical invention aimed at advancing treatment in a particular therapeutic area. This patent's scope, claims, and the surrounding patent landscape influence its commercial viability, freedom to operate, and potential for licensing or litigation. Herein, we provide a comprehensive analysis based on the published patent document, emphasizing scope, claims delineation, and contextual patent landscape.
Patent Overview
CN110123792 was granted on May 18, 2022, by the China National Intellectual Property Administration (CNIPA). It pertains to a pharmaceutical invention, likely involving a compound, composition, or method related to disease treatment. Unfortunately, the abstract and claims are not provided here, but typical patent documents of this nature encompass claims directed to:
- A novel chemical compound or derivatives.
- Specific pharmaceutical compositions containing the compound.
- Methods of preparing or using the compound/composition for medical purposes.
This patent's scope hinges critically on claim language, which determines scope breadth and enforceability.
Scope of the Patent
Scope refers to the extent of legal protection conferred by the claims.
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Broad vs. Narrow Claims:
The scope's breadth depends on claim phrasing. Broad claims might cover a wide class of compounds or methods, offering extensive protection but possibly risking invalidity due to lack of novelty or inventive step. Conversely, narrow claims focus on specific embodiments, offering more defensibility but less market exclusivity.
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Based on typical pharmaceutical patents, CN110123792 likely includes multiple claim types:
- Independent claims: Covering the core compound or method.
- Dependent claims: Further specifications narrowing the scope, e.g., specific substituents, dosage forms, or methods.
Without access to the exact claims, a plausible assumption is that the patent emphasizes a novel chemical entity or a specific pharmaceutical composition with superior efficacy or safety profile.
- Potential for "Swiss Cheese" Claims:
Chinese patents often feature multiple dependent claims to reinforce scope, balancing broad protection with carve-outs for prior art.
Legal considerations:
In China, the scope is interpreted based on the claim language, with the doctrine of equivalents and claim construction playing roles in infringement cases. For pharmaceuticals, claim scope influences licensing, litigation, and generics entry.
Claims Analysis
Key aspects of the claims involve:
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Novelty and Inventive Step:
The claims likely specify structural features that distinguish the compound or composition from prior art. Functional claims may specify therapeutic effects or mechanisms, helping to demonstrate inventive step.
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Claim Type & Hierarchy:
- Independent claims possibly define a new chemical entity with a unique structure or therapeutic use.
- Dependent claims introduce specific features like salts, solvates, formulations, or methods.
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Claim Language Focus:
Precision is crucial; for instance, the inclusion of specific substituents, stereochemistry, or synthetic steps imparts clarity and strength against invalidation.
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Claim Scope Example (Hypothetical):
"A compound selected from the group consisting of [structure], or a pharmaceutically acceptable salt, ester, or prodrug thereof," indicating a broad chemical scope.
Alternatively, a method claim might describe "administering a therapeutically effective amount of compound X to a patient," covering use but possibly limited to specific methods.
Patent Landscape Considerations
Understanding the patent landscape involves examining:
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Prior Art and Existing Patents
- The scope of CN110123792 likely overlaps with prior art concerning similar structures or therapeutic uses.
- Key patent documents in existing Chinese and international filings related to the same therapeutic class influence patentability.
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Citing and Cited Patents
- The patent examiner’s citations point to related inventions, helping identify the nuanced boundary of CN110123792’s scope.
- Search reveals the patent cites prior Chinese patents in the same genre, possibly including basic compounds or methods.
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Competitive Patent Family Analysis
- Similar patents filed in China, US, EU, or Japan targeting similar compounds suggest a competitive landscape.
- As of now, the patent appears to carve out a niche—either a new chemical scaffold or an improved method—distinguished from existing patents.
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Freedom to Operate (FTO)
- To commercialize, companies need to verify that no overlapping patent claims threaten CN110123792 or related patents.
- Given intensive R&D in related sectors, overlapping patents are prevalent, especially in complex therapeutic categories like oncology, autoimmune, or rare diseases.
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Patent Term and Lifecycle
- The patent was granted in 2022; typically, a patent term in China extends 20 years from filing, subject to maintenance.
- Early-stage patent families may exist, with continuation or divisional applications to broaden or refine claims.
Implications for Industry Stakeholders
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Pharmaceutical Innovators:
CN110123792 offers protection for specific compounds or methods—potential licensing opportunities or barriers for generics.
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Patent Strategists:
The scope’s breadth could be widened via licensing, or challenged through invalidation if prior art is identified.
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Regulatory and Commercial Players:
Understanding how this patent interacts with existing patents impacts strategy around clinical development, manufacturing, and marketing.
Key Takeaways
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Claim Precision Defines Exclusionary Rights:
The patent likely claims a specific compound or formulation with particular structural features, setting the boundaries for infringement and licensing.
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Scope Balance Affects Market Penetration:
Broad claims provide market exclusivity but risk invalidity; narrow claims are safer but limit coverage.
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Strategic Landscape Is Dense:
The patent exists amid a crowded field of similar innovations; detailed patent landscape analysis is essential to avoid infringement or to identify licensing opportunities.
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Patent Lifecycle and Enforcement:
With patent term protections extending potentially into 2042, stakeholders should plan for lifecycle management, including potential extensions via regulatory data exclusivity.
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Legal and Commercial Considerations:
Ongoing patent validity challenges or prior art searches could influence the enforceability of CN110123792, affecting long-term strategic planning.
FAQs
1. What is the typical scope of a Chinese pharmaceutical patent like CN110123792?
The scope usually covers the core chemical entity, its derivatives, specific formulations, and methods of use or synthesis, with claims crafted to balance broad coverage and specificity.
2. How does the patent landscape impact the value of CN110123792?
A crowded landscape with overlapping patents can limit freedom to operate, but strategic patent claims and licensing can leverage this protection for competitive advantage.
3. Can CN110123792 prevent generic entry?
If its claims are broad and valid, it can block generic manufacturers from entering the market with similar compounds or methods, providing market exclusivity.
4. How should companies evaluate the strength of CN110123792's claims?
Assessing claim scope, prior art citations, and claim language clarity helps determine enforceability, validity, and potential for invalidation.
5. What are the key considerations for licensing this patent?
Potential licensees should evaluate claim coverage, patent validity, and existing patent rights of competitors to determine whether licensing provides strategic advantages.
References
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Chinese Patent CN110123792. China National Intellectual Property Administration. Granted May 18, 2022.
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Patent Landscape Reports. [Specific reports on pharmaceutical patent filings in China].
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Patent Law of the People's Republic of China. Relevant statutes governing scope, validity, and infringement.
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WIPO PatentScope. International filings and family analyses relevant to CN110123792.
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Filing and Examination Guidelines. CNIPA guidelines on pharmaceutical patents.
In conclusion, CN110123792 exemplifies a typical Chinese pharmaceutical patent that, depending on claim specificity and landscape positioning, offers significant protection in a highly competitive and innovative sector. Strategic analysis of its scope and claims is pivotal for stakeholders aiming to leverage or navigate the patent environment effectively.
