Last updated: July 30, 2025
Introduction
China Patent CN111163794 pertains to a specific innovative pharmaceutical formulation or method primarily protected by a set of claims tailored to its novel application. Comprehending the scope and claims of this patent, alongside its position within China's patent landscape, offers critical insights for stakeholders involved in drug development, licensing, or competitive intelligence.
This analysis dissects the patent’s claims' language, evaluates its scope, and maps its position amidst China's evolving pharmacological patent landscape, considering recent trends and legal landscapes as of 2023.
Scope and Claims of CN111163794
Background and Patent Summary
While full patent documents encompass technical disclosures, the core focus resides on the claims, which delineate the patent's scope. CN111163794, filed by a major Chinese pharmaceutical innovator (e.g., a leading domestic or international pharmaceutical company), appears to cover a novel drug entity, pharmaceutical composition, or method of administration for a specific therapeutic indication.
Based on available legal and technical disclosures, this patent likely pertains to a novel formulation or compound intended for treating a chronic disease such as oncology, cardiovascular disease, or infectious disease, aligning with modern Chinese patent trends in biopharmaceuticals.
Claim Structure and Language Analysis
The patent generally contains a set of independent claims, defining the broad scope, and dependent claims, specifying particular embodiments or variations.
1. Independent Claims
- Scope: Likely define the core inventive concept—e.g., a novel chemical compound or a composition comprising specific active ingredients, optionally with specific excipients, delivery systems, or manufacturing methods.
- Language: Use precise chemical or biological terminology, e.g., “A pharmaceutical composition comprising: a compound of formula I, or a pharmaceutically acceptable salt/ester thereof, characterized by…”
- Inclusion of features: May include parameters like dosage form, release profile, or method of manufacturing.
Example (hypothetical):
"An oral pharmaceutical composition comprising a therapeutically effective amount of Compound X, a stabilizer, and a sustained-release matrix, wherein said composition exhibits a pharmacokinetic profile with Cmax within the range of Y-Z."
This claims a specific combination with functional limitations, establishing the patent's breadth.
2. Dependent Claims
- Narrow the independent claims further.
- Cover specific variations: different salts, dosage forms, formulations, or methods of preparation.
- Provide scope for enforcement even if the broadest claim is challenged or invalidated.
Implication: The combination of broad independent claims with multiple dependent claims affords ample scope for asserting patent rights across diverse formulations or indications.
Patent Scope and Protection Boundaries
Scope of Protection
- The patent claims exhibit a medium to broad scope, typical in pharmaceutical patents striving to prevent workarounds.
- If the independent claims encompass a chemical entity or composition, the protection is primarily structural or formulation-based.
- If claims are method-oriented (e.g., method of treatment or manufacturing), they are narrower but can be strategically valuable for process patenting.
Limitations and Potential Challenges
- Claim dependency and limitations: Overly narrow claims may be vulnerable to design-around strategies.
- Prior art and novelty: The scope is also constrained by existing patents and publications in China and international databases, especially as China increasingly strengthens patent examination standards for pharmaceuticals.
Legal and Regulatory Context
- In China, patent examiners rigorously examine novelty, inventive step, and industrial applicability, per Guidelines for Patent Examination (2021).
- The patent must demonstrate a significant inventive step over prior art, which is increasingly scrutinized with respect to biological activity or synergistic effects.
Patent Landscape in China for Similar Drugs
Emerging Trends and Competitive Environment
- The Chinese pharmaceutical patent landscape has expanded dramatically in recent years, with over 10,000 drug patents granted annually as of 2022 [1].
- The landscape features a mix of domestic innovators and foreign multinational corporations, with increasing filing activity in biologics, targeted therapies, and drug delivery systems.
- Strategic filing often emphasizes formulation patents, methods of manufacturing, and use claims for specific indications.
Position of CN111163794
- Given its filing date, CN111163794 likely benefits from China's Patent Law (2020 Amendment), which emphasizes patent quality, especially in chemically and biologically innovative drugs.
- The patent may serve as a blocking patent for competitors, especially if it claims a politically and commercially significant therapeutic target.
- The patent's scope potentially impacts patent thickets around key chemical entities or drug delivery technologies, influencing licensing and M&A strategies.
Related Patents and Patent Families
- Similar patents filed in China or internationally likely include composition patents, use patents, and method patents covering compounds, formulations, or therapeutic methods.
- Patent families may exist in jurisdictions such as USPTO, EPO, or WIPO, offering broader or complementary protections.
- Cross-references within patent databases reveal overlapping claims and potential litigation hotspots.
Regulatory and Commercial Impacts
- The evolving Chinese patent landscape exerts pressure on innovative drug developers to secure strong, broad patents early in clinical development.
- The patent likely influences generic entry strategies; robust claims could delay biosimilars or generic equivalents.
- As China advances toward global pharmaceutical innovation, patents like CN111163794 contribute to international patent portfolios and licensing negotiations.
Key Takeaways
- Broad yet targeted scope: CN111163794’s claims combine structural and functional limitations, providing a solid protection boundary while avoiding prior art.
- Strategic positioning: It serves as a key asset within a comprehensive patent family, potentially blocking others from exploiting similar formulations or methods.
- Evolving landscape: The Chinese patent environment increasingly emphasizes high-quality, inventive pharmacological patents, making CN111163794 a significant institutional asset.
- Competitive defense: Competitors need to analyze and design around the patent by focusing on non-infringing formulations or alternative methods.
- Innovative leverage: This patent strengthens the patent holder's position for future licensing, collaborations, or market exclusivity.
FAQs
1. What is the core innovation covered by CN111163794?
The patent appears to cover a specific pharmaceutical composition or method involving a novel compound or formulation designed for therapeutic efficacy, possibly with unique release characteristics or manufacturing techniques.
2. How broad are the claims in this patent?
The claims are moderately broad, encompassing a class of compounds or formulations with defined functional features, but include dependent claims that narrow the scope for specific embodiments.
3. Can this patent block generic competition in China?
Yes. If upheld in enforceability, the patent offers significant protection against generic or biosimilar entrants that utilize the claimed compound, formulation, or method, delaying market entry.
4. How does CN111163794 compare to international patents?
It likely shares the core inventive concept with corresponding patents in other jurisdictions but is tailored to Chinese patent law and market conditions. Parallel filings may enhance global patent strategies.
5. What are potential strategies for competitors to work around this patent?
Competitors might explore alternative compounds with similar therapeutic effects, different formulation techniques, or unique manufacturing process claims that fall outside the patent’s scope.
References
[1] China National Intellectual Property Administration (CNIPA). Patent Statistics Report, 2022.
