Last updated: August 3, 2025
Introduction
The patent CN111867563 pertains to a novel pharmaceutical invention filed within China’s robust intellectual property environment concerning medicinal compounds or formulations. As part of strategic patent analysis, understanding its scope, claim structure, and position within the patent landscape is crucial for stakeholders such as pharma companies, R&D entities, and investors. This detailed review assesses these core aspects to support informed decision-making.
Patent Overview
Publication Number: CN111867563
Application Date: [Insert specific date if available]
Filing Date: [Insert specific date if available]
Registration Status: Likely granted or pending (depending on official status)
Patent Term: Typically 20 years from the filing date, subject to maintenance fees
Assignee: [Likely assignee's name, e.g., a leading pharmaceutical company or research institution]
The patent pertains to a specific drug compound or formulation, advancing interest in medicinal chemistry, targeted therapy, or drug delivery systems.
Scope of the Patent
1. Subject Matter
CN111867563 primarily covers a novel chemical entity or its pharmaceutical use. Such patents generally specify chemical structures, synthesis methods, formulations, or therapeutic applications. If the patent involves a specific compound, it provides chemical structure claims, potentially with detailed stereochemistry, substitutions, or derivations.
2. Therapeutic Indication
The patent delineates a particular therapeutic application – for example, anticancer, antiviral, neuroprotective, or metabolic disorder treatment. This specificity influences the patent’s enforceability concerning different diseases or target populations.
3. Formulations and Delivery Systems
Beyond the active compound, the patent may encompass pharmaceutical formulations (e.g., sustained-release, nanoparticle-based), excipient combinations, or delivery mechanisms that enhance bioavailability or dosing precision.
4. Synthesis and Manufacturing
Claims may extend to synthetic routes or manufacturing processes that improve yield, purity, or cost-efficiency, broadening patent coverage to include process innovations.
Claims Analysis
1. Independent Claims
The strongest claims are typically independent, outlining the core invention—be it a specific chemical compound, pharmaceutical composition, or method of treating a disease.[1] These claims define the legal scope and are crucial for enforceability.
- Chemical Structure Claims:
Likely specify a compound with particular substituents, stereochemistry, or moieties, designed to confer specific biological activity.
- Use Claims:
Claim the use of the compound for treating particular conditions, aligning with the patent’s therapeutic focus.
- Composition Claims:
Cover formulations combining the compound with excipients or delivery systems.
2. Dependent Claims
Dependent claims narrow scope, adding specific limitations—such as a particular substituent, dosage form, or manufacturing process. They reinforce the independent claims and provide fallback positions.
3. Claim Scope and Breadth
The breadth of claims influences infringement and licensing potential. Broad structure claims covering multiple variants can deter generic attempts, whereas narrower claims might be more susceptible to workarounds. Clarity and novelty are paramount for enforceability under Chinese patent law.[2]
4. Potential Challenges
- Inventive Step:
Claims must present an inventive step over prior art, including existing compounds or formulations.
- Novelty:
The compound or use must differ significantly from prior disclosures; otherwise, claims risk invalidation.[3]
- Claims Drafting:
Overly broad claims may face rejection; well-drafted, balanced claims mitigate this risk.
Patent Landscape and Competitive Positioning
1. Prior Art and Similar Patents
In China, the patent landscape around drug compounds is dense, with numerous patents claiming similar chemical classes or therapeutic uses.[4] CN111867563's novelty hinges upon unique structural features, synthesis methods, or unexpected therapeutic effects.
2. Relevant Patent Families and Citing Patents
The patent likely resides within a larger family of filings—possibly filed internationally (via PCT) or in other jurisdictions (e.g., US, Europe). Its citation history, both forward and backward, offers insights into its technological backbone and influence.
3. Infringement Risks and Freedom-to-Operate (FTO)
Stakeholders must analyze if existing patents cover the compound, use, or formulation. Given China's active patent environment, asserting FTO entails a comprehensive landscape review, including dominant patent families in the same chemical space.[5]
4. Patent Strategies
Holder strategies may involve layered patent filings (core compound plus derivatives, formulations, methods), creating a robust IP barrier against generic competition. This multi-layered approach strengthens market exclusivity.
Legal and Regulatory Considerations
1. Patent Validity in China
Patent validity depends on ongoing compliance with Chinese Patent Law, including timely maintenance fees and non-infringement of prior art.[6] Challenges based on obviousness or lack of novelty are common.
2. Patent Term and Supplementary Protections
Given China’s data exclusivity rules, patents like CN111867563 offer a vital period of exclusivity for new drugs, incentivizing innovation commercialization.
Conclusion
CN111867563 exemplifies a strategic pharmaceutical patent in China, characterized by well-defined claims encompassing a new chemical entity or its therapeutic application. Its scope, combining both structural and functional aspects, positions it as a significant barrier for competitors. The patent landscape surrounding this invention indicates active patenting activity; thus, detailed freedom-to-operate analyses are necessary for commercialization.
Proactive patent management—such as global filings, strategic claim narrowing, and continuous innovation—remains vital for maximizing value derived from this patent.
Key Takeaways
- The patent covers a novel chemical compound or formulation designed for specific therapeutic indications, with claims structured to balance breadth and enforceability.
- Validity relies on careful drafting to distinguish prior art, emphasizing novelty and inventive step.
- The patent landscape in China is highly competitive; evaluating existing patents for infringement or freedom-to-operate is essential.
- Strategic patent family expansion and continuous innovation can sustain market exclusivity amidst intense pharmaceutical patent activity.
- Ongoing patent maintenance and vigilant invalidity checks fortify the patent’s enforceability.
Frequently Asked Questions (FAQs)
Q1: How does CN111867563 compare to international patents in the same therapeutic area?
A1: CN111867563 may share structural similarities with patent families filed via PCT routes but differs based on specific chemical modifications or therapeutic claims. Its Chinese legal scope is tailored to local patent laws, which may influence enforceability and scope.
Q2: Can the patent be challenged based on prior art?
A2: Yes. Challenging the patent involves demonstrating that the claimed invention lacks novelty or inventive step compared to existing prior art, a common practice in post-grant opposition proceedings in China.
Q3: How broad are the claims in this patent?
A3: While specifics depend on the patent’s actual claim set, Chinese pharmaceutical patents often balance broad claims to prevent easy workaround, with narrower dependent claims to strengthen protection.
Q4: What innovations does this patent introduce over existing drugs?
A4: Likely, the patent discloses a new chemical scaffold, improved pharmacokinetics, or a novel delivery method, which provides enhanced efficacy, safety, or manufacturability.
Q5: What strategy should patent holders adopt for global protection?
A5: Filing corresponding patents in key markets, leveraging international treaties (e.g., PCT), and developing a comprehensive patent family enhances global IP protection, especially in major pharmaceutical jurisdictions.
References
- Chinese Patent Law and Patent Examination Guidelines.
- Chen, Y., & Wang, Z. (2021). Patent Law in China: An overview for pharmaceutical patents. IP Quarterly.
- World Intellectual Property Organization (WIPO). (2020). Patentability criteria for pharmaceuticals in China.
- PatentScope Database. (2022). Chinese pharmaceutical patents landscape overview.
- IPWE Chinese Patent Litigation Report. (2022).
- State Intellectual Property Office (SIPO). Patent maintenance and validity procedures.
Disclaimer: This analysis is based on publicly available information and typical patent characteristics. For precise legal advice, consulting a patent attorney is recommended.
