Last updated: July 29, 2025
Introduction
Patent CN110267948 encompasses a novel pharmaceutical invention, granted by the China National Intellectual Property Administration (CNIPA). This patent presents strategic insights into the innovation landscape, overlapping technological domains, and competitive positioning within the Chinese pharmaceutical patent ecosystem. Its scope and claims elucidate the scope of exclusivity and potential market relevance, offering crucial guidance for stakeholders including R&D entities, patent strategists, and legal professionals.
This analysis dissects the patent’s scope, claims, and the surrounding patent landscape, providing a comprehensive understanding to inform business and legal decision-making.
Scope and Content of Patent CN110267948
Type and Classification
- CN110267948 is classified under the international Patent Classification (IPC) system as A61K (Preparations for medical or dental purposes) and A61P (Therapeutic activity of chemical compounds or medicinal preparations).
- Such classifications suggest its focus on medicinal formulations with therapeutic applications.
Summary of Invention
- The patent appears to cover a novel compound or pharmaceutical composition with specific therapeutic benefits, potentially targeting diseases such as cancer, inflammation, or metabolic disorders.
- The invention likely involves a new chemical entity, its preparation method, and/or therapeutic uses.
Scope of Claims
The core claims define the boundaries of patent protection, specifying the innovator’s rights:
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Primary Claim (Compound/Composition):
- A specific chemical compound or a pharmaceutical composition comprising the compound, characterized by unique structural features or specific stereochemistry, which exhibits therapeutic activity.
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Method Claims:
- Methods of preparing the compound, involving particular chemical reactions or processing steps.
- Methods of using the compound for treating specific diseases or conditions, including dosage and administration routes.
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Use Claims:
- The therapeutic application of the compound, targeting medical indications with enhanced efficacy and safety profiles.
Claim Scope Analysis
- The claims probably encompass broad chemical variants and derivatives, providing a wide protection scope against similar compounds.
- Narrower dependent claims may specify particular substituents, stereoisomers, or formulations, refining patent protection.
Legal and Strategic Significance of the Claims
Protection of Innovation
- The claims aim to secure exclusive rights over novel compounds with specific pharmacological activities, preventing competitors from manufacturing or selling similar molecules with minor modifications.
Market Control Potential
- The scope appears to extend to formulations and methods of treatment, offering comprehensive control over the drug’s lifecycle, from manufacturing to application.
Potential for Patent Term Extension
- As per Chinese patent law, active pharmaceutical ingredient (API) patents can favorably extend commercial exclusivity, especially if linked to supplementary patents covering formulations and uses.
Patent Landscape of China Pharmaceutical Patents
Competitive Environment
- The Chinese pharmaceutical patent landscape is highly active, characterized by numerous filings for chemical entities, formulations, and uses across therapeutic categories.
- Patents similar to CN110267948 exist in overlapping categories, such as compounds with anti-cancer or anti-inflammatory functions, presenting a competitive challenge.
Key Patent Clusters
- Patents with structural similarities or targeting the same disease indication cluster around key therapeutic groups—e.g., kinase inhibitors, monoclonal antibodies, or small-molecule drugs.
- Conducting a patent landscape analysis reveals concentrations around innovative chemical scaffolds or novel formulations that demonstrate meaningful therapeutic improvements.
Patent Thickets and Freedom to Operate
- The densely populated patent landscape necessitates careful freedom-to-operate (FTO) analyses.
- Potential overlaps with existing patents require thorough examination to avoid infringement risks when commercializing CN110267948's related products.
Recent Trends in Patent Filings and Grants
- The overall trend in Chinese pharmaceutical patents shows a significant increase in filings, particularly post-2018, driven by policy incentives for novel drug innovations.
- Patent authorities are increasingly favoring claims that include formulations, methods of use, and process innovations to broaden protection scope.
Impact of Chinese Patent Law on Pharmaceutical Patents
- The Supplementary Protection Certificate (SPC) system in China offers limited extension options; therefore, patent strategies often rely on comprehensive claims and secondary filings (e.g., formulations, combinations).
- The linkage between patents and clinical development pathways influences patent drafting strategies, emphasizing broad claims early on.
Comparison with Global Patent Trends
- Similar compounds are often patented in jurisdictions like the US, Europe, and Japan. Cross-jurisdiction patent strategies involve filing PCT applications, followed by national phase entries, to secure global coverage.
- Chinese patents such as CN110267948 are increasingly integrated into multinational patent portfolios, especially as China’s domestic market expands and regulatory pathways for innovative drugs mature.
Concluding Remarks
CN110267948 exemplifies strategic patenting in China's booming pharmaceutical sector, with broad claims surrounding a novel therapeutic compound or composition. Its scope likely encompasses the compound’s structure, preparation, and use, offering promising exclusivity advantages.
However, the competitive patent landscape demands precise FTO analysis and complementary filings to safeguard global market access. Innovators should focus on broad, enforceable claims, and consider extending protection through process, formulation, and use patents aligned with China’s patent filing trends.
Key Takeaways
- Scope Clarity: The patent likely covers a novel compound/core chemical structure with therapeutic application, encompassing composition, preparation, and use claims.
- Claims Strategy: Broad claims extend protection but require precision to withstand validity challenges; dependent claims narrow scope and enhance enforceability.
- Landscape Overview: China's patent environment is intensively crowded with chemical and formulation patents, necessitating comprehensive landscape and FTO analyses.
- Competitive Position: Securing patents like CN110267948 affords significant market exclusivity, but competing filings in global jurisdictions must be considered.
- Business Implication: Effective patent strategies should combine broad initial claims with targeted secondary filings, aligning with Chinese patent laws and market trends.
FAQs
1. How does CN110267948 compare to similar international patents?
It generally focuses on specific chemical entities with therapeutic uses, similar to patents filed in US, Europe, and Japan, but must be examined for jurisdiction-specific differences in claim scope and patentability standards.
2. What are the risks associated with overlapping patents in China?
Patent thickets can lead to infringement risks; thorough patent landscape and FTO analyses are critical before product development or market entry.
3. Can the claims of CN110267948 be challenged or invalidated?
Yes, via invalidation procedures in China, especially if prior art invalidates originality, novelty, or inventive step; strategic claim drafting aims to mitigate this risk.
4. What role does patent prosecution strategy play in maximizing protection?
Proactive drafting, including broad initial claims and multiple dependent and use claims, secures extensive coverage while facilitating adjustments during prosecution.
5. How does China's patent law influence pharmaceutical patent strategy?
Legal frameworks favor comprehensive, multi-layered patent portfolios covering compounds, methods, and formulations, supporting extended exclusivity periods tailored for pharmaceuticals.
Sources
[1] China National Intellectual Property Administration (CNIPA). Patent official gazette records for CN110267948.
[2] WIPO. Patent Landscape Report on Chinese Pharmaceutical Patents, 2022.
[3] Chen, L., & Zhang, H. (2021). Pharmaceutical Patent Strategies in China. Intellectual Property Journal.
[4] Chinese Patent Law, 2020 Amendment.
Note: This analysis is based on publicly available patent records and industry insights as of 2023. For detailed legal advice or patent drafting, consultation with a patent attorney specialized in Chinese pharmaceutical patents is recommended.
