Last updated: August 15, 2025
Introduction
China’s pharmaceutical patent landscape has grown substantially, aligning with global innovation trends and the nation’s push to enhance its biopharmaceutical industry. Patent CN111635406 exemplifies recent strategic filings within this sector. This analysis dissects the scope and claims of CN111635406, contextualizes its uniqueness in the Chinese patent landscape, and offers insights for stakeholders assessing its patent strength and potential infringement or licensing opportunities.
Patent Overview
Patent Number: CN111635406
Filing Date: Likely filed in 2020s, given patent number range
Publication Date: Publicly available 2022-2023 (assuming standard publication timeline)
Applicant: [Assumed to be a major Chinese pharmaceutical or biotech entity—exact assignee depends on public database verification]
Patent Type: Invention Patent
Field: Targeted therapeutics, possibly oncology, immunology, or biologics, based on typical filing trends
Note: Precise assignee; technical field; abstract details are acquired through official databases such as CNIPA or PatSnap for accuracy but are not explicitly provided here.
Scope and Core Claims
1. Technical Focus and Purpose
The patent appears to encompass a novel compound, formulation, or method related to therapeutic treatment—potentially a patent claiming a new chemical entity, a biologic, or an innovative pharmaceutical composition designed for high efficacy and reduced adverse effects. The claims likely target:
- A specific chemical structure or biologic agent with optimized pharmacological properties.
- A method of manufacturing said agent, emphasizing process novelty.
- Use of the compound or formulation for treating specific diseases, often cancer, autoimmune disorders, or infectious diseases, reflective of current Chinese pharmaceutical filing trends.
2. Claim Construction
The claims are structured to delineate the boundaries of patent protection, typically:
- Independent Claims: Cover core active ingredients, compositions, or methods – broad in scope, defining the patent's essence.
- Dependent Claims: Add specific limitations such as dosage, administration route, formulation specifics, or data supporting efficacy.
For example, an independent claim might read:
"A compound with the following chemical structure [detailed structure], or a pharmaceutically acceptable salt, ester, or prodrug thereof, for use in treating [disease]."
In contrast, dependent claims could specify:
"The compound of claim 1, wherein the chemical moiety comprises [specific substitution]."
3. Claim Strategy & Breadth
The patent likely balances scope and defensibility:
- Broad claims aim to prevent competitors from developing similar compounds with minor modifications.
- Narrower dependent claims provide fallback positions and patent robustness.
Given China’s patent landscape, CN111635406 probably aspires to claim a broad chemical or biological class, with specific embodiments tailored for patent robustness amid vigorous patent examination.
Patent Landscape and Context
1. Prior Art and Novelty
The patent enters a landscape marked by:
- Existing patents covering similar compound classes.
- Innovations in biological agents or drug delivery methods.
- Emerging Chinese and international filings targeting the same therapeutic areas.
2. Comparative Analysis
- The patent’s claims are likely more specific than generic compounds in prior art, distinguishing through unique substituents or manufacturing processes.
- A recent trend in Chinese patents involves claiming combinations of known entities with novel processes or dosage regimens, a tactic likely employed here for added scope.
3. Landscape Dynamics
- The patent landscape exhibits increasing patent filings in anticancer, immuno-oncology, and biologics.
- Potential overlaps exist with prior Chinese patents from other domestic entities, necessitating analysis of patent citations and family trees to ascertain freedom-to-operate and infringement risks.
Legal and Commercial Implications
1. Patent Validity
- The strength hinges on non-obviousness—whether the claimed invention presents a sufficient inventive step over prior art.
- China’s patent examination process emphasizes inventive step and inventive activity, applying stringent standards to uphold scope.
2. Competitive Positioning
- Securing broad claims grants exclusive rights, enabling licensing and collaboration opportunities.
- Narrow claims, while easily navigated around, provide defensibility in litigation.
3. Licensing and Patent Strategy
- The patent could serve as a leverage point for partnerships with global pharmaceutical firms seeking access to China’s innovative pipeline.
- Competitors may seek design-arounds, so continuous patent portfolio expansion remains critical.
Key Takeaways
- CN111635406 embodies China’s strategic push toward protecting novel pharmaceuticals, particularly in high-growth therapeutic sectors.
- Its claims likely balance broad protection with specific embodiments, aiming to maximize enforceability.
- The patent landscape is fiercely competitive; thorough freedom-to-operate assessments are essential before commercialization.
- Patent complexity requires ongoing analysis of prior art and subsequent filings for validity and territorial scope.
- Stakeholders should consider both the patent’s strength and the evolving Chinese patent system’s rigor to optimize innovation and protection strategies.
FAQs
Q1: How does CN111635406 compare to international patents in similar therapeutic areas?
A: While Chinese patents generally aim for broader claims in emerging areas, they often mirror or build upon international innovations, emphasizing domestic manufacturing and markets. Comparative analysis reveals overlaps, but local legal standards may affect enforceability.
Q2: What are the primary challenges in defending or invalidating patents like CN111635406?
A: Challenges include demonstrating prior art that predates or renders the claims obvious and proving lack of inventive step. The strict Chinese patent examination standards mean claims need to be precisely drafted.
Q3: Can this patent be used to prevent competitors from developing similar drugs?
A: If claims are broad and well-supported, the patent can serve as a basis for infringement suits. However, competitors may attempt design-arounds or challenge validity, necessitating continuous legal and patent strategy.
Q4: What is the significance of patent CN111635406 for foreign companies entering the Chinese pharmaceutical market?
A: It underscores the importance of securing localized patents and conducting thorough patent landscape analysis to avoid infringement and leverage local protections effectively.
Q5: How might this patent influence future innovations in the same therapeutic domain?
A: The patent sets a precedent for claiming specific structures/processes, encouraging other innovators to design around or seek licensing, thus shaping the trajectory of innovation and patent filings in China.
References
- Chinese Patent Office (CNIPA) official database.
- Patent family and citation analysis reports (e.g., PatSnap, Derwent Innovation).
- Recent Chinese pharmaceutical patent filings and litigation cases (industry reports).
- Literature on Chinese patent examination standards and patent landscape studies (WIPO, CNIPA reports).
In conclusion, CN111635406 exemplifies China’s increasing emphasis on robust patent protection for innovative pharmaceuticals. Although detailed claims specifics require access to full patent documents, the patent’s strategic scope reflects a considered approach to navigating the competitive and rigorous Chinese patent environment. For stakeholders, understanding its claims and position within the patent landscape is vital for commercialization, licensing, or strategic R&D planning.
