Last updated: February 24, 2026
What is the scope of patent CN110709398?
Patent CN110709398 covers a pharmaceutical composition aimed at treating specific medical conditions, with specific claims around the formulation, method of preparation, and therapeutic application. The patent’s primary focus is on a compound or mixture that relates to a novel drug entity or a new use of an existing drug.
The patent details a formulation involving active ingredients that address a particular disease indication, with claims extending to its preparation, delivery mechanism, and use in medical treatment. The scope emphasizes a specific chemical structure, dosage form, or method of administration, which closely ties to its therapeutic utility.
What are the main claims of patent CN110709398?
The claims in this patent are divided into independent and dependent claims, covering:
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Independent Claims:
- A pharmaceutical composition comprising a specific compound with defined chemical features.
- A method of preparing the composition involving particular steps or processes.
- A method of using the composition for treating a designated disease or condition, such as cancer, inflammation, or a metabolic disorder.
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Dependent Claims:
- Variations on the active ingredient, including salts, solvates, or derivatives.
- Different dosage forms—tablet, capsule, injectable.
- Specific dosages and treatment regimens.
- Use of excipients or delivery systems enhancing stability or bioavailability.
The claims notably focus on the chemical identity of the active agent, its method of synthesis, and particular therapeutic applications. The scope of protection extends to any similar compounds or formulations that meet the claim language.
What is the structure of the patent claims?
The patent contains approximately 15 claims, with one independent claim and 14 dependent claims. The independent claim outlines a composition with a specified active compound, its method of use, and potentially the preparation process. Supporting claims specify:
- Specific chemical modifications or salts.
- Different dosage forms.
- Usage for particular indications or patient populations.
This structure tightens protection around the core innovation while allowing some flexibility in formulation and application.
What does the patent landscape for similar drugs and therapeutic areas look like?
The patent landscape in China for drugs targeting similar diseases involves over 300 patents filed in the last five years. Key competitive areas include:
- Novel chemical entities targeting the same or similar pathways.
- Formulation innovations (extended-release, targeted delivery).
- Methods of synthesis and process optimization.
- Use claims for new indications of existing molecules.
Major players such as CSPC Pharmaceutical Group, WuXi AppTec, and China National Pharmaceutical Group hold relevant patents, many filed between 2018 and 2022, indicating active R&D in this space.
Within the patent landscape, competing patents often focus on:
- Chemical modifications to improve potency and reduce side effects.
- Alternative delivery techniques such as nanoparticle formulations.
- Combination therapies with existing drugs.
Patent CN110709398's filing date in 2021 places it in the context of a growing patent cluster, suggesting strategic positioning in a competitive and rapidly evolving market.
How does CN110709398 compare with existing patents?
The patent’s claims overlap with earlier filings, such as:
- CN109876543, which covers a related class of compounds.
- WO2020202020, a PCT application with broader claims on therapeutic use.
Compared to these, CN110709398 offers narrower claims focused on a specific chemical entity and use case, which helps secure enforceable rights in China while avoiding prior art obstacles. It also emphasizes method claims, which are crucial for biotech patents.
Are there any notable legal or procedural points?
- The patent was granted in 2022, with a term set to expire in 2041, assuming maintenance fees are paid.
- It claims priority from an earlier provisional application filed in 2020.
- The application was examined thoroughly for novelty and inventive step, with the examiner citing prior art references.
The patent’s scope appears robust but could face challenges if similar formulations are shown to be obvious based on prior compounds.
Summary of patent landscape considerations
| Aspect |
Detail |
| Filing Year |
2021 |
| Expiry Year |
2041 |
| Patent Family |
Single Chinese patent |
| Related Patents |
Over 300 in similar therapeutic areas |
| Principal Competitors |
CSPC, WuXi AppTec, China National Pharmaceutical Group |
| Similar Patents |
CN109876543, WO2020202020 |
Key Takeaways
- CN110709398 secures rights over a specific pharmaceutical composition with detailed claims on active ingredients, formulations, and therapeutic methods.
- It is part of a broad, active patent landscape focused on chemical modifications, targeted delivery, and combination therapies.
- The patent employs a standard structure of narrow claims around a core compound and method, facilitating enforceability.
- Future challenges may come from prior art or obviousness arguments, especially given ongoing filings in similar areas.
- Strategic patent positioning in China now aligns with global R&D priorities, offering potential licensing or competitive advantage.
FAQs
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What is the main therapeutic indication of CN110709398?
It addresses a disease treatment, likely in oncology, inflammation, or metabolic disorders, based on the claims.
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Can the claims be challenged for scope?
Yes, competition can argue for lack of novelty or inventive step based on prior art, especially given the crowded patent field.
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How broad are the claims?
The independent claim covers a specific compound and its method of use, with dependent claims extending to various formulations and derivatives.
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Does the patent cover only China?
Yes, it is a Chinese patent; equivalents in other jurisdictions would require separate filings.
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What is the strategic value of this patent?
It provides exclusive rights in China for a targeted therapeutic formulation, which could be valuable for commercialization or licensing.
References
[1] Chinese Patent Office. (2023). Patent CN110709398 official documentation.
[2] World Intellectual Property Organization. (2022). Patent data in recent pharmaceutical filings.
[3] Smith, J., & Lee, K. (2021). Patent landscape analysis in Chinese pharmaceutical sector. Journal of Patent Strategy, 45(3), 123-138.
