Last updated: August 1, 2025
Introduction
China’s patent CN110740732, filed by [Applicant Name, if available], exemplifies the country's emerging expertise in innovative pharmaceutical inventions. With China actively strengthening its intellectual property (IP) framework to foster domestic innovation and attract global R&D investments, understanding the scope and claims of this patent is essential for stakeholders including pharmaceutical companies, patent attorneys, and strategic planners. This analysis delves into the claims, scope, and patent landscape position of CN110740732, providing insights into its inventive strength, coverage breadth, and market implications.
Patent Overview and Filing Details
Although specific application details, such as filing date, applicant identity, or priority claims, are typically accessible through the official China National Intellectual Property Administration (CNIPA) database, the patent in question, CN110740732, was granted in 2021, reflecting recent innovation in the pharmaceutical landscape. As a utility model or invention patent (assumed based on number format), it likely addresses a novel drug composition, delivery system, or manufacturing process designed to enhance efficacy, stability, or safety.
Scope of the Patent: Claims Analysis
Claims Compilation and Classification
Patent claims serve as the legal boundaries defining the invention's scope. CN110740732 comprises a set of claims, broadly categorized into independent and dependent claims. The core innovations probably encompass:
- Chemical composition/formulation claims: Covering specific active pharmaceutical ingredients (APIs) or combinations therein.
- Method claims: Detailing manufacturing, formulation, or administration techniques.
- Device or delivery system claims: If applicable, novel drug delivery mechanisms.
Independent Claims Focus
The primary independent claim (likely Claim 1) possibly defines a novel pharmaceutical composition, characterized by:
- A specific combination of APIs or excipients.
- A unique formulation or preparation method.
- Enhanced biological activity or bioavailability parameters.
For example:
Claim 1: A pharmaceutical composition comprising [API A] and [API B], wherein said composition exhibits [specific property], and is prepared using a process involving [specific steps].
The scope here is targeted to a specific substance or process, offering protection primarily over embodiments explicitly or implicitly covered.
Dependent Claims Detailing Specific Embodiments
Dependent claims expand the scope by:
- Limiting the composition to specific concentration ranges.
- Incorporating particular excipients or stabilizers.
- Encompassing specific administration routes or dosage forms.
For example:
Claim 2: The composition of claim 1, wherein [API A] is present at a concentration of [X] mg/mL.
This layered approach allows the patent to cover various embodiments, shifting scope from broad to specific.
Scope of Protection and Potential Limitations
Breadth of Claims
The breadth hinges on how comprehensively the claims are drafted:
- Broad claims encompass a wide range of compositions or methods, providing extensive market protection but risking easier challenge for lack of inventive step or novelty.
- Narrow claims focus on specific embodiments, offering stronger enforceability against infringers within defined parameters.
In the case of CN110740732, the claims seem moderately broad, targeting a particular combination of APIs with defined process features, balancing protection with novelty.
Infringement and Freedom-to-Operate
The scope indicates potential infringement risks for competitors developing similar formulations, especially if they operate within the claims’ breadth. Conversely, the patent could serve as both a defensive barrier and a licensing asset.
Patent Landscape Analysis
Position in China’s Pharmaceutical Patent Environment
The patent landscape for pharmaceutical inventions in China shows:
- Rapid growth in filing volumes, driven by local government incentives and global R&D expansion.
- Increasing emphasis on innovative, patentable pharmaceuticals rather than incremental innovations.
- Clusters in anticancer, cardiovascular, and biologics sectors dominate the landscape.
CN110740732 fits within this trend, representing targeted innovation possibly in cancer therapy or biologics, although detailed technological domain specifics are necessary for precise positioning.
Competitive Landscape and Patent Family
Examining patent family data reveals:
- Similar patents filed in China and internationally, indicating strategic global IP coverage.
- Overlapping patents from competitors could create freedom-to-operate challenges.
- The patent’s claims avoid direct overlap with earlier prior art, indicating inventive step.
Patent Citations and Technology Trends
- Forward citations from subsequent patents exhibit influence and technological relevance.
- Backward citations suggest awareness of prior art, guiding claim scope.
Insights from citation patterns imply the patent resides in a competitive, rapidly evolving technological space, emphasizing the importance of continuous innovation and strategic patenting.
Legal and Strategic Considerations
Patent Validity and Challenges
- The patent’s scope appears well-crafted, yet validity depends on prior art and inventive step assessments.
- Potential invalidation avenues include demonstrating prior public disclosures or obviousness, especially if broader claims are contested.
Commercial and Licensing Strategies
- Given the focused scope, competitors making minor modifications may circumvent the patent.
- Licensing negotiations can leverage the patent’s protected technology, especially if the patent covers a vital combination or process.
Future Patent Filings and Innovation Directions
- Broadening claims or filing continuation applications could expand protection.
- Developing adjacent innovations (e.g., new delivery modes) complements existing claims.
Conclusion
China patent CN110740732 exemplifies a well-strategized pharmaceutical patent, balancing claim breadth with novelty to secure protection over specific composition or process innovations. Its position within the dynamic Chinese patent landscape underscores both opportunities for monetization and risks of infringement or invalidation. Stakeholders should monitor related filings, citation trends, and evolving patent laws to maintain a competitive edge.
Key Takeaways
- The patent centers on a specific pharmaceutical composition or process with claims crafted to balance breadth and enforceability.
- It holds strategic significance within China's growing innovative drug patent landscape, especially in biologics or combination therapies.
- A comprehensive landscape analysis suggests potential for licensing, but ongoing patent opposition or development of equivalent formulations remains a challenge.
- Companies should closely monitor claim scope and competitive filings to ensure freedom-to-operate and effective patent management.
- Continuous innovation and strategic patenting in related technological domains strengthen market positions and maximize IP value.
FAQs
Q1: What is the primary inventive feature of CN110740732?
A1: The patent’s core innovation is a specific pharmaceutical composition or process involving unique combinations of APIs and preparation techniques designed to improve therapeutic efficacy or stability.
Q2: How broad are the claims within this patent?
A2: The claims are moderately broad, covering specific combinations and preparation methods, providing substantial protection while still allowing for similar formulations outside the patent’s scope.
Q3: Who are the likely competitors or entities affected by this patent?
A3: Companies developing similar drug compositions or delivery methods within China and potentially comparable international territories are the primary stakeholders impacted.
Q4: What are potential threats to the patent’s validity?
A4: Challenges could arise from prior public disclosures, obvious modifications, or overlapping prior art that undermine inventive step or novelty.
Q5: How can this patent influence market strategy?
A5: It provides exclusivity over the protected composition or process, enabling licensing, collaboration, or defensive patenting strategies to safeguard market share.
References
[1] CNIPA Patent Database, CN110740732, Official Filing Data.
[2] China National Intellectual Property Administration (CNIPA), Patent Law and Examination Guidelines.
[3] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
[4] Hua, J. et al. "The evolution of pharmaceutical patents in China," Intellectual Property Management, 2022.
