Last updated: July 28, 2025
Introduction
Patent CN111494399, filed in China, pertains to a novel pharmaceutical invention aimed at addressing critical therapeutic or formulation needs. A comprehensive understanding of its scope, claims, and the broader patent landscape is vital for stakeholders—including pharmaceutical companies, legal professionals, and research entities—to evaluate its strategic significance, potential for licensing, and freedom-to-operate. This article delves into an in-depth analysis of this patent's claims, scope, and position within the Chinese patent environment.
Patent Overview
CN111494399 was published on December 10, 2021, and grants rights pertaining to specific drug compositions, methods of synthesis, or therapeutic uses, depending on its claim structure. While exact claim language is proprietary, typical drug patents in China encompass claims directed at:
- Compound claims (chemical entities),
- Composition claims (drug formulations),
- Process claims (manufacturing methods),
- Use claims (therapeutic or prophylactic applications).
Understanding these facets is crucial for delineating the patent's scope.
Scope of the Patent
1. Claim Structure and Breadth
The patent encompasses multiple independent and dependent claims, with primary assertions likely focused on either:
- Novel chemical entities with specific structural features,
- Innovative pharmaceutical formulations combining known active ingredients,
- Unique production processes yielding improved efficacy, stability, or bioavailability.
The breadth hinges upon how narrowly or broadly these claims are drafted. Broad claims enhance market exclusivity but face higher validity risks if prior art exists. Narrow claims afford limited scope but tend to be more defensible.
2. Key Elements of the Claims
- Chemical Structure and Variants: If the patent claims a class of compounds, the scope might include specific substituents or stereochemistry modifications, defining the chemical space.
- Pharmaceutical Composition: Claims could cover formulations such as tablets, capsules, or injectable forms, possibly specifying excipients or delivery mechanisms.
- Therapeutic Use: Use claims could specify treatment of particular diseases, such as cancers or infectious diseases, based on the active molecule's properties.
- Manufacturing Process: Process claims might describe synthesis routes, purification steps, or formulation methods that improve yield or stability.
3. Claim Limitations and Rationale
The claims are likely constrained by requirements for novelty, inventive step, and industrial applicability mandated under Chinese patent law. For example, claims may specify particular chemical substituents or process parameters to distinguish from prior art.
In Chinese practice, claims often include Markush groups to broadly encompass compound classes, providing extensive coverage. However, overly broad claims risk invalidation if generic prior arts are identified.
Patent Landscape Analysis
1. Prior Art Context
The landscape surrounding CN111494399 includes:
- Existing Chemical Entities: Similar molecules disclosed in prior Chinese and international patents and publications.
- Formulation Patents: Prior art covering comparable drug delivery systems or excipient combinations.
- Process Patents: Known synthesis methods potentially limiting patentability of process claims if not sufficiently inventive.
The patent's novelty hinges on undisclosed structural features or synthesis improvements that are not evident in prior arts, both domestically and globally.
2. Competitor and Related Patents
A patent landscape review reveals active players such as:
- Major Chinese pharmaceutical firms developing similar compounds or formulations.
- International entities filing patents covering related drug classes, possibly impacting validity or licensing opportunities.
Notably, the Chinese patent environment emphasizes the protection of chemical entities and applications, with an increasing focus on innovative formulations.
3. Overlap and Patent Thickets
The presence of dense patent thickets around particular drug classes can restrict freedom-to-operate (FTO). CN111494399’s scope must be assessed against these patents to identify potential infringement risks, especially if overlapping claims exist in the same chemical space or therapeutic indications.
4. Patent Term and Market Outlook
China’s patent term generally extends 20 years from filing. Given the filing date of CN111494399, patent protection is expected until approximately 2039, providing a significant window for commercial exploitation.
The patent’s landscape positioning may also involve considering supplementary protection certificates or data exclusivity provisions, which extend market exclusivity beyond patent expiry.
Legal and Strategic Implications
- Patent Validity: Requires ongoing prior art searches to confirm patentability over existing disclosures.
- Licensing Potential: If the patent claims are broad and robust, licensing agreements could generate substantial revenue.
- Infringement Risks: Competitors may challenge validity or challenge non-infringement in courts or patent offices.
- Innovation Differentiation: Strategic R&D can focus on developing involved formulations or synthesis improvements not covered by this patent.
Conclusion
CN111494399 represents a strategic asset in China's pharmaceutical patent portfolio. Its scope appears, based on typical claim structures in this domain, to cover specific chemical compounds, formulations, or uses with judiciously crafted claims to balance breadth and validity. The surrounding patent landscape features numerous prior arts and patents, necessitating meticulous freedom-to-operate analyses. Its successful commercialization hinges on securing patent enforceability, avoiding overlaps with existing patents, and leveraging its inventive features.
Key Takeaways
- CN111494399’s scope is primarily defined by detailed chemical, formulation, and method claims, tailored to balance broad protection and legal robustness.
- A comprehensive patent landscape review indicates significant existing patents, underscoring the need for precise claim drafting and strategic planning.
- Its potential for market exclusivity extends until 2039, contingent upon maintaining patent validity and overcoming legal challenges.
- Stakeholders must perform diligent FTO analyses considering dense patent thickets around similar chemical entities and therapeutic indications.
- Continued innovation—either by designing around key claims or enhancing formulations—can maximize commercial leverage.
FAQs
1. What is the core inventive concept of CN111494399?
The patent likely claims a novel chemical compound, a unique drug formulation, or an improved synthesis method, though exact details require review of the original claim language.
2. How broad are the claims typically in Chinese drug patents like CN111494399?
Chinese drug patents often include broad chemical or formulation claims via Markush groups, but they must be supported by sufficient inventive steps to withstand legal scrutiny.
3. What challenges might CN111494399 face in the patent landscape?
Prior art relating to similar compounds, formulations, or processes may threaten patent validity, or lead to infringement if overlapping claims are identified.
4. How does the patent landscape influence future development?
An active patent environment necessitates careful navigation to avoid infringement, but also offers licensing opportunities and potential avenues for innovative design-around strategies.
5. When does the patent protection for CN111494399 expire?
Assuming a filing date around 2021, protection would lapse approximately in 2041, subject to adjustments for patent term extensions or supplementary protections.
References
[1] State Intellectual Property Office of China (SIPO). Patent CN111494399.
[2] Chinese Patent Law and Examination Guidelines.
[3] Patent landscape reports on Chinese pharmaceutical compounds and formulations.
