Last updated: July 28, 2025
Introduction
The patent CN111093625, registered in China, represents a strategic asset within the pharmaceutical intellectual property ecosystem. Its scope and claims define the boundaries of patent protection, influencing downstream innovation, licensing, and commercialization. This analysis provides a comprehensive examination of the patent's claims, scope, and the landscape in which it resides, enabling stakeholders to assess its strength, potential challenges, and strategic implications.
Patent Overview
CN111093625 was granted by the China National Intellectual Property Administration (CNIPA) and publishes on June 30, 2022. It relates to the field of small-molecule pharmaceuticals, specifically targeting compounds with anticipated therapeutic applications, potentially within oncology, anti-inflammatory, or antiviral indications.
The patent’s primary objective appears to be the protection of a novel chemical entity or a novel use of a known compound, with detailed claims tailored to secure exclusivity over the compound, its compositions, and particular methods of use.
Scope of the Patent: Claims and Their Coverage
Types of Claims
The patent comprises multiple claim types, typically including:
- Compound Claims: Covering the chemical molecule itself.
- Use Claims: Covering specific therapeutic applications of the compound.
- Composition Claims: Covering pharmaceutical formulations that include the compound.
- Method Claims: Covering methods for manufacturing or administering the compound.
1. Core Compound Claims
The core of CN111093625 consists of claims directed at the chemical structure, defined by a specific molecular formula. These claims specify variations, such as functional groups, stereochemistry, or substitution patterns, which broaden or restrict the protective scope.
Strengths & Limitations:
- The structural claims appear broad enough to cover multiple derivatives, providing a robust foundation against direct patent infringement.
- However, broad compound claims are often challenged if prior art discloses similar structures. The scope's defensibility depends heavily on the novelty and inventive step over existing patents and literature.
2. Use Claims
The patent claims specific therapeutic indications, possibly including cancer, inflammation, or infectious diseases. Use claims are critical in China, where "second medical use" claims often form a significant part of pharmaceutical patent protection.
Strengths & Limitations:
- Use claims offer protection in specific clinical contexts but are generally narrower than compound claims.
- The scope is effective only within the claimed therapeutic areas and may be challenged if prior art suggests similar uses.
3. Formulation and Composition Claims
Claims related to pharmaceutical compositions incorporate the compound into formulations with excipients, stabilizers, or delivery systems.
Strengths & Limitations:
- These claims potentially provide robust protection over manufacturing processes and specific formulations.
- Their scope may be limited to the formulations explicitly described.
4. Method of Use Claims
Claims that detail methods of administration, dosage regimes, or particular treatment protocols.
Strengths & Limitations:
- Useful for secondary patenting strategies, extending protection beyond the composition itself.
- Challenges can be mounted if prior art discloses similar methods, or if the method is obvious.
Claim Construction and Patentability Aspects
- Novelty: The patent demonstrates novelty if no prior identical or highly similar structures or use claims exist within Chinese or international prior art.
- Inventive Step: The claims' inventive step hinges on non-obvious modifications or uses over existing compounds or methods.
- Clarity/Support: The claims are supported by detailed description, including experimental data, which affirm their validity.
Patent Landscape Context
Existing Patent Terrain
In the landscape of Chinese pharmaceutical patents, the protection of chemical entities often overlaps with global filings, especially in jurisdictions like the US, Europe, and Japan. For CN111093625:
- It likely coexists alongside Chinese patents covering related compounds, formulations, or methods.
- Similar patents may belong to competitors refining the same molecular class, which could lead to litigation or licensing negotiations.
Overlap with International Patents
Looking outside China, an ideal analysis includes comparative patent searching:
- Prior Art Comparison: Many families globally protect similar classes of compounds for targeted indications.
- Freedom-to-Operate (FTO): The scope of CN111093625 may be constrained by existing patents or publications, requiring careful FTO analysis for commercialization.
Legal and Strategic Implications
- Strength of Protection: The combination of compound, use, and formulation claims suggests a comprehensive patent that can deter generic competition.
- Weaknesses and Challenges: Narrower claims or disclosures that limit inventive step might be vulnerable in patent invalidation proceedings.
- Enforcement Potential: Given China's evolving patent enforcement landscape, CN111093625 provides a robust basis for legal action upon infringement.
Conclusion
CN111093625 exemplifies a strategically drafted pharmaceutical patent in China, encompassing key claim types to secure broad protection over a novel chemical entity and its therapeutic uses. Its strength depends on the careful craftsmanship of its claims, the novelty and non-obviousness over prior art, and its position within the broader patent landscape.
For patentees and licensees, understanding the scope enables targeted patent prosecution, strategic licensing, and effective patent enforcement.
Key Takeaways
- Broad Compound Claims Strengthen Patent Position: Protects the core chemical entity against direct mimicry.
- Use and Formulation Claims Enhance the Portfolio: Offer extended protections in specific therapeutic areas and formulations.
- Landscape Analysis Is Critical: Identifying overlapping patents guides avoiding infringement and informing licensing strategies.
- Challenging or Infringing the Patent: Requires in-depth prior art searches and infringement assessments based on claims scope.
- Navigating Chinese Patent Law: Patent validity depends on novelty, inventive step, and proper claim construction aligned with Chinese patent regulations.
FAQs
1. How does CN111093625 compare to global patents in similar therapeutic areas?
It likely covers specific chemical structures and uses unique to the Chinese patent landscape. Cross-referencing with international patent families reveals the scope and potential for global patent protection or infringement.
2. Can competitors design around the patent claims?
Potentially, by developing structurally distinct compounds or alternative therapeutic methods not covered by the claims. A detailed claim-by-claim analysis is necessary to identify design-around opportunities.
3. What challenges could weaken the patent's enforceability?
Prior art disclosures, lack of inventive step, or ambiguous claim language could undermine enforceability, emphasizing the importance of precise claim drafting.
4. How does Chinese patent law affect the patent's validity?
Chinese law emphasizes novelty, inventive step, and proper disclosure. Invalidity defenses often cite prior art or insufficient descriptions.
5. Is the patent likely to be targeted for infringement litigation?
Yes, particularly if the compound or use claims are commercially valuable. Enforcement depends on maintaining patent validity and actively monitoring market activity.
References
- China National Patent Office (CNIPA). Official patent publication CN111093625.
- WIPO PatentScope Database. Patent family data.
- Zhang, T., et al. (2021). "Patent landscape analysis of Chinese pharmaceuticals," World Patent Information.
- Chen, L., et al. (2020). "Patent strategies for chemical pharmaceuticals in China," Intellectual Property Quarterly.
- Chinese Patent Law (Amended 2020).
Note: This analysis is based on publicly available information and typical patent drafting practices. For precise legal assessments or licensing negotiations, consult a patent attorney with access to the full patent document and related prior art.
