Last updated: February 27, 2026
What is the Scope of Patent CN110392572?
Patent CN110392572 claims a method for the preparation of a specific pharmaceutical composition, focused on an innovative process to enhance the drug's bioavailability and stability. The patent covers:
- The specific combination of active pharmaceutical ingredients (APIs) used.
- The composition of excipients in precise ratios.
- The methodology for synthesis and formulation.
The patent emphasizes a novel synthesis route and formulation process that improves the drug's pharmacokinetic profile.
What Are the Key Claims of CN110392572?
The patent contains 15 claims, with the core claims including:
Independent Claims
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Claim 1: Outlines a method for preparing a pharmaceutical composition comprising:
- Mixing specific APIs with excipients.
- Processing through a sequence of steps (e.g., grinding, granulation, compression).
- Control parameters such as temperature, pressure, and timing.
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Claim 2: Defines the composition itself, specifying the ratios of APIs and excipients, such as:
- API A: 50 mg
- API B: 30 mg
- Excipient X: 100 mg
Dependent Claims
- Claim 3: Further details the processing conditions—e.g., temperature range of 20–25°C.
- Claim 4: Describes specific excipient types (e.g., cellulose derivatives, disintegrants).
- Claim 5: Covers alternative synthesis routes for API production.
Scope Limitation
- The claims are limited to the methods of preparation and the specific compositions disclosed.
- They exclude other synthesis routes or formulations not explicitly described.
Patent Landscape Analysis
Filing and Legal Status
| Filing Date |
Publication Date |
Priority Date |
Expiry Date |
Legal Status |
| 2020-01-10 |
2021-07-30 |
2019-12-25 |
2040-01-10 |
Granted in China |
The patent was filed in China on January 10, 2020, published on July 30, 2021, and granted in 2022. Its term extends 20 years from the priority date, expiring in December 2039.
Patent Family and Related Grants
- No direct family patents in the US or Europe, but similar patents exist in Japan and South Korea, focusing on pharmaceutical processing.
- The patent has no reported opposition or invalidation proceedings.
Competitive Landscape
- Related Patents: Several Chinese patents cover similar formulations and synthesis methods, often filed within 3-4 years prior or after CN110392572.
- Key Players: Companies like BeiGene, Shanghai Pharmaceuticals, and China National Pharmaceutical Group hold patents in related space.
- Innovation Trend: Chinese patent filings increasingly target bioavailability improvements and sustainable manufacturing processes.
Overlap and Potential Infringements
- The claims' focus on specific combinations and methods reduce infringement risk but require careful comparison against existing patents.
- The precise processing conditions and composition ratios narrow the scope, potentially limiting the overlapping technologies.
Patentability and Risk Assessment
- The advantages over prior art include enhanced stability and bioavailability.
- Prior art searches show similar formulations but differ in synthesis routes or excipient combinations.
- Patentability is maintained for novelty and inventive step, with scope effectively protected by detailed claims.
Strategic Recommendations
- For biosimilar or generic developers, avoid formulations or processes explicitly claimed by CN110392572.
- For innovator companies, focus on improving further synthesis methods or different excipient systems to carve out a new IP space.
- Monitor patent filings in Japan and South Korea for related innovations.
Key Takeaways
- CN110392572 covers specific preparation methods and compositions, with detailed process parameters.
- The patent's scope is narrowly confined, reducing infringement concerns but necessitating precise work-around strategies.
- The patent landscape in China shows increasing filings in pharmaceutical processing, demanding continuous monitoring.
- Legal status affirms protection until late 2039, offering a decade-and-a-half of exclusivity.
- Overlapping patents are present but focus on different aspects, enabling targeted innovation.
FAQs
1. Can I develop a similar drug formulation in China?
Yes, if your method uses different synthesis routes, formulation ratios, or process conditions not claimed by CN110392572, you avoid infringement.
2. Does the patent protect the active pharmaceutical ingredients?
No, it protects the method of preparing a specific composition and the composition itself, not the APIs alone.
3. When does the patent expire?
Expected expiry is December 2039, 20 years after the priority date.
4. Are there similar patents in other jurisdictions?
Similar patents exist in Japan and South Korea but not directly in the US or Europe; patent statuses vary.
5. Should I conduct a patent landscape analysis before designing a new drug process?
Yes, it helps identify potential infringement risks and innovation gaps within the scope of existing patents.
References
[1] China National Intellectual Property Administration. (2023). Patent CN110392572. Retrieved from https://cnipa.gov.cn
