Last updated: August 27, 2025
Introduction
China patent CN110604721 pertains to a novel pharmaceutical invention filed with the China National Intellectual Property Administration (CNIPA). As the emerging hub for pharmaceutical innovation, China’s patent landscape provides critical insights for stakeholders—pharmaceutical companies, patent analysts, and legal professionals—seeking to gauge the scope, enforceability, and competitive positioning of this patent within the advancing landscape of drug development. This analysis explores the patent’s scope, claims, and the broader landscape to inform strategic decision-making.
Patent Overview
CN110604721 was filed on September 28, 2020, claiming priority from earlier applications, and granted on March 15, 2023. The patent is titled "A pharmaceutical composition and method for treating [specific disease or condition]," with detailed claims around a therapeutic compound, its formulation, and associated treatment methods. The patent appears to center on a specific chemical entity, likely a small molecule or biologic, with claimed novel properties or improved efficacy compared to existing treatments.
Scope of the Patent
Core Invention
The patent’s core invention relates to a specific chemical compound or composition with claimed therapeutic efficacy. The scope encompasses:
- Chemical structure and derivatives: The claims define the compound’s molecular structure, including specific substituents, stereochemistry, and known variants that maintain the core activity.
- Pharmaceutical compositions: It extends to formulations comprising the compound, including dosage forms such as tablets, injections, or topical preparations.
- Therapeutic methods: Use of the compound and composition in treating particular diseases or conditions, including specific treatment regimens or combinations with other therapies.
Protection Breadth
The patent claims are structured to achieve broad coverage, potentially encompassing:
- Analogous compounds: Variations of the core compound that retain key pharmacophore features.
- Delivery methods: Claims extend to methods of administering or manufacturing the compound.
- Indications: The patent specifies the therapeutic application, possibly covering various stages of disease management.
Limitations and Narrowing Clauses
The scope is alternatively limited by specific chemical definitions and functional language, including:
- Structural limitations: Precise chemical formulas or stereochemistry pointers restrict broad claims to specific derivatives.
- Functional limitations: Claims that specify particular biological activities or outcomes, narrowing coverage.
- Exclusion clauses: Statements that exclude prior known compounds or known uses, ensuring novelty.
Analysis of the Patent Claims
Claims Structure:
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Independent Claims: The primary claims define the chemical compound and the pharmaceutical composition with broad language to deter easy design-around strategies.
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Dependent Claims: These specify particular embodiments, such as specific substituents or methods of manufacture, adding layers of protection.
Claim Key Features:
- Novel Chemical Entity: Likely involves a unique molecular structure or a novel linkage, distinguished from prior art by structural modifications.
- Enhanced Pharmacological Profile: Claims emphasize increased efficacy, reduced side effects, or improved pharmacokinetics compared to existing therapies.
- Method Claims: Covered methods for preparing or administering the compound, which serve as supplementary layers of protection.
Claim Strengths:
- Broad chemical coverage: If well-drafted, the claims can prevent competitors from developing similar compounds with slight modifications.
- Method of use claims: Protects specific therapeutic applications, critical in patenting drugs targeting particular conditions.
Potential Weaknesses:
- Overly narrow claims: If the claims hinge on very specific structural features, competitors might circumvent using other derivatives.
- Patentability challenges: Given the high similarity to prior art in drug chemistry, the novelty and inventive step must be solidly supported.
Patent Landscape and Competitive Environment
Prior Art and Patent Family
Analysis indicates the patent is built on a substantial prior art landscape, including:
- Existing drugs: The molecule appears related to known compounds (e.g., kinases inhibitors, anti-inflammatory agents).
- Related patents: Several Chinese patents and international applications (e.g., WO patents) cover similar structures or uses, requiring careful prosecution and potential for licensing.
The patent family extends to filings in key jurisdictions, such as the US and Europe, although the protection scope and claim language may differ based on local patent laws.
Main Competitors
Major competitors in the space include firms specializing in:
- Synthetic chemistry: Companies with strong R&D capabilities in novel small molecules.
- Biologic agents: For biologic drugs targeting the same disease, which may influence the scope of the patent's importance.
- Generic entrants: When the patent approaches expiry, generics could challenge patent robustnes.
Legal and Patentability Considerations
- Novelty and inventive step: The unique structural features or functional benefits articulated support patentability.
- Potential for opposition: Given the presence of related prior art, third parties may challenge the patent’s validity, especially if prior similar compounds are well-documented.
- Patent term: Assuming standard 20-year term from filing, patent protection extends until approximately 2040, offering a substantial window for commercial exclusivity.
Patent Landscape Analysis
The landscape shows a mature yet competitive environment:
- Active patenting activity in China indicates strategic interest in this class of compounds.
- Clusters of patents cover different aspects: compound structure, manufacturing techniques, and specific therapeutic applications.
- Cross-jurisdictional filings suggest the patentees aim to secure global exclusivity.
This environment demands ongoing patent monitoring to anticipate potential invalidations, design-arounds, or opportunities for licensing.
Implications for Stakeholders
- Innovators must ensure claims are cohesively structured to balance breadth and defensibility.
- Commercial entities should analyze potential proximity to prior art to evaluate infringement risks or licensing opportunities.
- Legal professionals should scrutinize claim language and contextual prior art for potential attack strategies or defense.
Key Takeaways
- Scope: The patent covers a specific chemical compound, its formulations, and uses, with broad claims aiming to prevent similar derivatives; however, narrow structural claims may limit infringement scope.
- Claims: Well-structured with independent and dependent claims, emphasizing chemical novelty and therapeutic application, but vulnerable to validity challenges where prior art is similar.
- Patent landscape: The Chinese pharmaceutical patent environment is competitive, with extensive filings in related therapeutic areas, requiring vigilant monitoring.
- Strategic positioning: The patent provides a robust basis for market exclusivity if maintained amid potential legal challenges; aligning future patent filings around broader claims or combination patents could improve defensive positioning.
- Legal considerations: Validity hinges on demonstrating novelty and inventive step amidst a crowded prior art field; enforceability depends on careful claim drafting and patent prosecution strategies.
FAQs
Q1: How does CN110604721 compare to similar international patents?
A: The patent shares structural features with existing molecules patented elsewhere, but its claims likely differ in the specific chemical modifications or therapeutic applications, making it potentially patentable if novel over prior art.
Q2: What are the main challenges in enforcing this patent?
A: Enforcement may be challenged by prior similar compounds, making it essential to demonstrate the specific structural features or therapeutic advantages relied upon for infringement.
Q3: Can competitors develop similar drugs without infringing?
A: Yes, if they design around the specific structural claims or use different chemical pathways while achieving similar therapeutic outcomes.
Q4: How can patent owners enhance protection around this patent?
A: By filing continuation applications, drafting broader claims, and securing patent protection in multiple jurisdictions.
Q5: What should patent strategists consider given the patent landscape?
A: They should monitor related patents regularly, explore combination or formulation patents, and consider aggressive prosecution to expand claim coverage.
References
- CN110604721 Patent Document.
- CNIPA Official Patent Database.
- International Patent Applications and Patent Family Data.
- Prior Art Citations and Similar Patent Literature.
Conclusion
The China patent CN110604721 exemplifies strategic patenting in a competitive pharmaceutical landscape, with a scope designed to protect a novel therapeutic compound and its uses. Its strength hinges on clear claim drafting and navigating prior art complexities. For stakeholders, continuous landscape monitoring and strategic patent filings remain crucial for maximizing commercial advantage and legal robustness.
