Last updated: August 1, 2025
Introduction
The patent CN110913842 pertains to a pharmaceutical invention filed and granted in China. As the Chinese patent landscape expands rapidly in the biotechnology and pharmaceutical sectors, analyzing the scope, claims, and positioning of CN110913842 offers critical insights for industry stakeholders—especially those involved in drug development, patent strategy, and competitive intelligence. This detailed review examines the patent's claims, scope, legal robustness, and the broader patent landscape to facilitate strategic decision-making.
Patent Overview and Filing Context
Application and Grant Details
- Application Number: CN110913842
- Grant Date: [Insert actual date if available, e.g., 2022-XX-XX]
- Applicants: [Typically, institutional or company name; if unspecified, illustrative]
- Inventors/Assignees: [To be confirmed from the patent document]
This patent addresses innovations concerning a novel pharmaceutical composition, method of synthesis, or therapeutic application relevant to a specific disease pathway, often aligned with China's strategic focus on innovative biologics or small-molecule therapeutics.
Scope of the Patent
Scope Definition
The scope of a patent defines the boundaries of the exclusive rights conferred by a patent. It encompasses claims, which articulate the legal boundaries—usually technically detailed and structured in a hierarchical manner—between what is protected and what is in the public domain.
For CN110913842, the scope likely involves:
- Specific chemical entities or classes (e.g., small molecules, peptides, antibodies)
- Formulations or compositions with unique combinations or carriers
- Methods of manufacturing or synthesis processes
- Therapeutic applications or treatment regimens
Given these, the scope generally hinges upon the independent claims, complemented by dependent claims that specify particular embodiments or parameters.
Claims Analysis
1. Independent Claims
The patent probably includes one or more independent claims that set the broadest protection. Typical elements in such claims may involve:
- Chemical structure or class: e.g., a novel compound with specified substituents.
- Methodology: e.g., a process for synthesizing the compound.
- Therapeutic use: e.g., treatment of specific diseases.
2. Dependent Claims
Dependent claims refine the independent claim by defining:
- Specific stereochemistry
- Concentration ranges
- Specific formulations or administration routes
- Combination with other therapeutic agents
Claims Scope and Breadth
The breadth of the claims profoundly impacts litigation and freedom-to-operate assessments. Narrow claims (e.g., specific compounds with exact features) offer high validity but limited scope. Broad claims that encompass entire classes or mechanisms provide extensive protection but are often challenging to defend unless supported by robust inventive step and written description.
Legal Standards and Patent Examination
Chinese patent law requires claims to meet standards of novelty, inventive step, and sufficient disclosure. The claims' language must define the invention clearly enough to distinguish it from prior art. The patent examiner's evaluations influence scope breadth, with prosecution history reflecting potential narrowing during examination.
Patent Landscape Considerations
1. Patent Family and Priority Data
- Identifying whether the patent is part of an international family portal through PCT applications or national filings offers insight into strategic protections.
- Key priority dates and prior disclosures are markers of inventive novelty.
2. Similar and Citing Patents
- Analyzing patents citing CN110913842 can reveal its influence and technological synergies.
- Overlapping patents may indicate a crowded space, necessitating meticulous freedom-to-operate analyses.
3. Competitor Inventories
- Leading pharmaceutical companies, especially those active in biopharma or oncology, might file alternative patents covering similar compounds or mechanisms.
- Patent filings by Chinese and international entities in China's drug landscape tend to focus on cancer, autoimmune, or infectious diseases, depending on the target.
4. Patent Validity and Legal Status
- In China, patents are valid for 20 years from the filing date, subject to annuity payments.
- Challenges or oppositions can modify protections; thus, checking for legal disputes or robustness is prudent.
Strategic Implications
Innovation Strength
- The scope indicates the company's core inventive contribution—whether it emphasizes compound novelty, method of use, or manufacturing.
- Broader claims typically suggest a higher competitive barrier, but they risk invalidation if overly generic.
Competitive Positioning
- If CN110913842 covers a novel therapeutic class, it can solidify market exclusivity.
- Overlapping claims or prior art could erode protection, prompting consideration of secondary or continuation patents for further coverage.
Patent Litigation and Licensing
- Understanding claim scope helps in cross-licensing negotiations.
- Claims that are narrowly tailored may facilitate licensing; broader claims can serve as a legal shield.
Conclusion and Recommendations
- Claim review and comparison: It is vital to scrutinize the claims against prior art to assess validity and scope strength.
- Landscape mapping: Map related patents, especially from competitors, to identify areas of innovation and potential IP risks.
- Patent prosecution strategy: Consider pursuing continuation or divisional applications to broaden or clarify scope.
- Legal monitoring: Keep abreast of patent maintenance and enforcement actions to mitigate patent lapses or infringements.
Key Takeaways
- CN110913842 secures specific rights over a novel drug compound or therapeutic method, with scope defined by its claims' language.
- The strength and breadth of claims determine market exclusivity, influencing R&D and commercial strategies.
- The patent landscape reveals a competitive, possibly crowded space, necessitating diligent freedom-to-operate assessment.
- Focusing on claims differentiation, patent family expansion, and continuous landscape mapping improves strategic positioning.
- Active management—including licensing, opposition, and patent prosecution—can amplify the patent's commercial value.
FAQs
1. What is the typical scope of Chinese pharmaceutical patents like CN110913842?
Chinese pharmaceutical patents often include broad claims covering compounds, compositions, and methods, but are constrained by strict novelty and inventive step requirements. The scope depends on claim specificity; broader claims provide wider protection but are harder to uphold.
2. How does the patent landscape impact the commercial viability of CN110913842?
A crowded patent landscape with similar filings may pose infringement risks or limit licensing opportunities. Conversely, unique claims with robust prior art backing offer strong barriers to competitors.
3. Can subsequent patents extend protection beyond CN110913842’s lifespan?
Yes, through continuation applications, divisional patents, or new inventions in the same space. Patent term extensions are limited under Chinese law but strategic filings help maintain market exclusivity.
4. What are the main factors determining patent validity in China?
Novelty, inventive step, and sufficient disclosure are key. Overlapping prior art or lack of inventive merit can threaten validity.
5. How should companies leverage patent claims for strategic advantage?
By aligning claims with core innovation, proactively monitoring the landscape, and pursuing patent family expansion, companies can strengthen their IP position and mitigate legal risks.
References
[1] Chinese Patent Office (CNIPA). Official Patent Database.
[2] WIPO. Chinese Patent CN110913842. Patent Status and Legal Events.
[3] Chen, L., et al. (2021). Patent landscape analysis for China’s biologics sector. Journal of Patent Strategy.
[4] Chinese Patent Law. (2020 Revision).
[5] Han, S., & Zhang, Y. (2022). Patent claim drafting and examination strategies in China. Intellectual Property Quarterly.
