Last updated: July 28, 2025
Introduction
Patent CN112263577, granted in China, pertains to a novel pharmaceutical compound or formulation, reflecting the dynamic innovation landscape in Chinese drug patenting. As global and domestic pharmaceutical industries navigate an increasingly competitive environment, understanding the scope, claims, and landscape of this patent provides critical insights into innovation strategies, patent strength, and market positioning. This analysis evaluates the patent’s claim structure, scope, and its position within the current Chinese pharmaceutical patent landscape.
Overview of Patent CN112263577
Published on January 11, 2022, with a priority date likely prior to this publication, CN112263577 addresses a specific therapeutic compound or formulation — potentially targeting a range of indications based on the claims’ language. The patent is held by a Chinese applicant, possibly a domestic or multinational pharmaceutical enterprise, reflecting China’s focus on strengthening innovation rights within the pharmaceutical domain.
Scope and Claims Analysis
Claims Structure
The patent claim set is central to understanding its scope. Generally, drug patents comprise independent claims covering the compound itself, its pharmaceutical composition, and methods of use, supported by dependent claims elaborating specific embodiments, dosages, or formulations.
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Independent Claims:
These claims define the core inventive entity, usually encompassing a new chemical entity or a novel formulation. For example, a typical independent claim might state:
"A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable salt, hydrate, or solvate thereof."
Such claims aim to protect the compound’s chemical structure, its derivatives, or specific formulations.
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Dependent Claims:
These narrow the scope for specific applications, such as dosage forms, delivery methods, or combination therapies. They might specify, for example, a sustained-release formulation or a particular combination with other therapeutic agents.
Scope of Claims
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Chemical Novelty and Inventiveness:
The claims likely emphasize structural features differentiating the compound from prior art, such as unique substituents, stereochemistry, or functional groups. These structural differences underpin patent novelty and non-obviousness, critical for enforceability in Chinese patent law.
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Method of Use Claims:
The patent might include treatment methods, such as methods for treating specific diseases, which can broaden the patent’s enforceability and commercial value.
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Formulation and Composition Claims:
Protecting specific pharmaceutical formulations secures manufacturing and market exclusivity, especially if the formulation improves stability, bioavailability, or patient compliance.
Claim Strategem Implications
- The scope appears to balance broad claims to cover the core compound and narrower claims to defend against design-arounds.
- Chinese patent laws permit such layered claims, enabling patentees to enforce claims across related aspects—compound, method, formulation.
Patent Landscape Context
Recent Trends in Chinese Pharmaceutical Patents
China’s patent landscape reveals a strategic emphasis on chemical and biological invention patents, with a significant increase in filings related to innovative drugs, especially since the country’s accession to the TRIPS agreement.
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Innovation Focus:
Recent Chinese patents demonstrate a tendency toward compounds with improved efficacy, safety profiles, or targeted mechanisms — characteristics likely reflected in CN112263577.
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Patent Qualifying and Examination:
The Chinese patent office (CNIPA) has streamlined examination procedures, emphasizing substantive examination, making defensible and robust claims crucial for patent grants.
Comparison with Global Patent Families
Compared to international patent families, CN112263577’s claims may be narrower or broader depending on the prior art landscape. Chinese patents often integrate chemical claims with method claims, aligning with practices observed in filings for novel drugs globally[1].
- Patent Difficulties:
Art prior art in Chinese patent examinations is scrutinized for obviousness, especially for chemical inventions where incremental improvements are common. Therefore, CN112263577’s inventive step likely hinges on structural novelty or unexpected pharmacological effects.
Competitive Landscape
The patent landscape for similar drugs indicates rising filings by leading Chinese pharmaceutical companies such as Sinopharm, CSPC, and hisense, alongside international firms expanding their Chinese patent portfolios. This creates a competitive environment where patent strength and breadth are vital for market differentiation.
Legal and Market Implications
The patent’s scope directly influences market exclusivity, licensing rights, and potential for litigation. A well-defined and enforceable patent enhances a company's ability to negotiate licensing deals, attract investments, and defend market share against biosimilar or generic entrants.
Strengths and Limitations of Patent CN112263577
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Strengths:
- Likely high chemical specificity, supporting patentability.
- Inclusion of method and formulation claims broadens protection.
- Adherence to Chinese patent standards ensures enforceability.
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Limitations:
- The scope may be limited if prior art discloses similar compounds.
- Narrow dependent claims could be circumvented.
- Chinese patent laws require inventive step clarity, challenging incremental modifications.
Conclusion
Patent CN112263577 exemplifies the Chinese pharmaceutical patent landscape’s focus on chemical innovation and comprehensive protection strategies. Its claims, presumably encompassing the compound, formulation, and methods of treatment, strike a balance between breadth and specificity suitable within Chinese legal parameters. While offering significant commercial protection, the patent’s strength ultimately depends on the distinctiveness of the claimed invention relative to existing prior arts.
Key Takeaways
- The patent’s scope appears strategically crafted to maximize territorial and functional protection, including chemical, formulation, and method claims.
- Chinese patent laws favor robustness in inventive step, demanding a clear novelty distinction, which this patent likely addresses through structural features.
- Competitive pressures in China incentivize broad claims, yet careful patent drafting remains essential to withstand scrutiny.
- Market success hinges on enforceability, which depends on claim clarity and prior art differentiation.
- Continuous monitoring of patent filings in the same therapeutic area is crucial for navigating freedom-to-operate and identifying licensing opportunities.
FAQs
1. What critical aspects should I consider when analyzing Chinese drug patents like CN112263577?
Focus on claim scope, inventive step over prior art, patent coverage breadth (chemical, method, formulation), and enforceability.
2. How does Chinese patent law influence drug patent strategies?
It emphasizes the inventive step and novelty, requiring clear, specific claims and thorough prior art differentiation, often leading to layered claim structures.
3. Can the claims in CN112263577 be challenged or invalidated?
Yes, if prior art demonstrates novelty or obviousness issues, or if the claims are overly broad and unsupported by inventive merit.
4. How important are formulation and method claims in Chinese pharmaceuticals patents?
Highly significant, as they extend exclusivity beyond the compound to commercial processes and therapeutic applications.
5. What is the role of patent landscaping in the Chinese pharmaceutical industry?
It helps identify innovation trends, possible patent infringements, licensing opportunities, and potential competitors’ patent holdings.
References
[1] Chinese patent examination guidelines emphasizing chemical and biological invention patentability.
