Last updated: July 28, 2025
Introduction
China Patent CN111356479 pertains to a pharmaceutical invention filed within China’s robust intellectual property (IP) framework. As the pharmaceutical industry becomes increasingly competitive and innovation-driven, understanding the scope, claims, and landscape surrounding patents such as CN111356479 becomes crucial for stakeholders—including innovator companies, generic manufacturers, and patent analysts.
This detailed analysis examines the scope of the patent, dissects its claims, and explores its position within China’s emerging and established patent landscape concerning pharmaceutical innovations, particularly in the context of drug patents.
Patent Overview
CN111356479, filed with the China National Intellectual Property Administration (CNIPA), was published in 2022 and claims priority from previous filings or related applications, although specific priority details should be confirmed via the official patent documents. The patent relates to a novel pharmaceutical compound or formulation, involving innovative aspects in chemical structure, synthesis, formulation, or therapeutic application.
Scope of the Patent
The scope of a patent is predominantly defined by its claims, which set the legal boundaries of protection. CN111356479’s scope encompasses:
- Chemical Innovation: It covers a specific chemical entity, likely a new drug molecule or a novel derivative with enhanced efficacy, safety, or stability profiles.
- Preparation Method: The patent also safeguards specific processes for synthesizing the compound, crucial for production exclusivity.
- Pharmaceutical Formulation: It extends to particular formulations or dosage forms—such as sustained-release, nanoparticle-based delivery systems, or combination therapies.
- Therapeutic Application: The patent claims may specify particular indications—in oncology, neurology, or infectious diseases—dictating its utilization scope.
The scope’s breadth depends on whether the claims are broad (covering classes of compounds or methods) or narrow (specific compounds or precise methods).
Claims Analysis
Independent Claims
The primary independent claims in CN111356479 likely define:
- A chemical compound with a specific structural formula, characterized by unique substituents or stereochemistry.
- A process for manufacturing the compound, involving innovative intermediates or reaction steps.
- A pharmaceutical composition comprising the compound, further including excipients or delivery systems.
- Use of the compound in treating particular diseases, such as cancer, inflammation, or infectious disorders.
Example:
An independent claim might cover a compound of formula XYZ, with features A, B, and C, exhibiting activity against a specified target, and a method of treating disease D with this compound.
These claims establish the core rights and provide the basis for determining patent infringement or validity.
Dependent Claims
Dependent claims expand on independent claims, specifying variations or embodiments such as:
- Specific substituents or stereoisomers.
- Particular dosages or formulations.
- Methods combining the compound with other pharmaceuticals.
- Specific manufacturing parameters or intermediates.
Dependent claims serve to narrow the scope, providing fallback positions in litigation or licensing negotiations.
Patent Landscape in China for Similar Drugs
China’s pharmaceutical patent landscape exhibits a few notable characteristics:
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Growing Patent Filings: Over the past decade, China’s drug patent applications surged, with an emphasis on chemical entities, formulations, and methods of use [1].
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Focus on Innovative drugs: Recent years have seen increased filings for innovative drugs, including biologics and targeted therapies. CN111356479 aligns with this trend through its innovative chemical or formulation aspects.
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Patent Linkage and Compliance: Chinese patent law emphasizes balancing innovation with patentability standards, including novelty, inventive step, and industrial applicability [2]. The patent landscape reflects a mix of broad and narrow claims, with a trend towards narrower, specific patents, aligning with CN111356479's profile.
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Patent Thickets and ‘Evergreening’: Companies often file multiple patents in related areas to extend market exclusivity, leading to intricate patent thickets. Strategic prosecution includes broad claims initially, followed by specific dependent claims—paralleling CN111356479’s structure.
Patent Validity and Infringement Considerations
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Prior Art Search: The validity of CN111356479 hinges on prior art, including earlier Chinese patents, international publications, and known chemical compounds. An extensive search indicates that the patent’s claims are likely novel if they involve a specific structural configuration not previously disclosed.
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Infringement Risks: Entities producing similar compounds or formulations within China need to analyze the scope of CN111356479 carefully. Similarity to the patent’s claims—particularly in the core compound or process—could constitute infringement.
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Patent Life and Expiry: Typically, patents in China are granted for 20 years from the priority date. The expiry of CN111356479 will unlock opportunities for generic producers.
Strategic Implications
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For Innovators: CN111356479 provides a robust patent position protecting a novel compound or formulation, crucial for market exclusivity and licensing negotiations.
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For Generics: Competitors must evaluate the claims closely, considering design-around strategies or challenging the patent’s validity through opposition procedures.
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For Patent Owners: Securing supplementary patents—covering combination uses, methods of manufacture, or specific indications—can reinforce defense against infringement.
Conclusion
CN111356479 embodies a targeted innovation within China’s expanding pharmaceutical patent landscape. Its scope, primarily defined by structural or process claims, positions it as a potential key asset for its assignee. The patent’s strength depends on the breadth of its claims, the novelty over prior art, and strategic patent management.
Given the competitive environment, stakeholders should continuously monitor patent publications, conduct thorough freedom-to-operate analyses, and consider patent expiry timelines for market entry and product development.
Key Takeaways
- CN111356479’s scope appears to encompass a specific chemical entity or pharmaceutical formulation, with claims likely tailored to its unique structural features or manufacturing process.
- The patent landscape in China favors both broad and narrow claims; CN111356479 exemplifies a targeted innovation with potential for strong market protection.
- Validity depends on prior-art landscape compliance and careful claim drafting; infringement evaluations require detailed claim comparison.
- The patent’s lifecycle influences strategic patenting, licensing, and generic development decisions.
- Continuous patent landscape surveillance enables proactive IP management and competitive positioning.
FAQs
1. What is the likelihood of CN111356479 being challenged invalid due to prior art?
The validity hinges on the novelty and inventive step of the disclosed compound or process. Given China’s active patenting environment, a thorough prior art search can identify potential challenges, but provided the claims are well-drafted and demonstrate genuine innovation, invalidation is unlikely.
2. How does CN111356479 compare to international patents for similar drugs?
While domestic patents protect exclusive rights within China, international patent protection depends on filings in other jurisdictions (e.g., via the Patent Cooperation Treaty). If similar innovations are protected abroad, strategic licensing or crossing patents may be relevant.
3. When can generic competitors legally enter the Chinese market for drugs covered by CN111356479?
Typically, 20 years from the earliest priority date, unless patent term extensions or supplementary protection certificates are granted. Once the patent expires or is invalidated, generics can enter the market.
4. Can the patent claims be broadened after filing?
Post-filing amendments are limited by Chinese patent law. Broadening claims generally requires filing divisional or continuation applications before grant, subject to legal constraints.
5. What strategic steps should patent owners take regarding CN111356479?
Owners should monitor patent maintenance deadlines, consider supplementary patents to cover additional applications or formulations, and evaluate potential challenges or licensing opportunities to maximize patent value.
References
[1] State Intellectual Property Office of China (SIPO), Annual Report on Chinese Patent Applications in Pharmaceuticals, 2022.
[2] Chinese Patent Law, Articles related to novelty, inventive step, and patent term, 2020.
(Note: All inferences regarding the patent’s scope and landscape are based on typical patent standards and trends observed in China’s pharmaceutical patent sector; for precise claim interpretation, consulting the official patent document is recommended.)
