Last updated: August 13, 2025
Introduction
Patent CN112402423, granted in China, pertains to a novel formulation or treatment method in the pharmaceutical domain. As China’s pharmaceutical patent landscape becomes increasingly competitive, understanding the scope, claims, and existing patents within this space is crucial for strategic R&D, licensing, patent infringement risk assessment, and competitive positioning. This analysis offers a comprehensive review of CN112402423’s scope and claims, contextualized within the broader Chinese patent landscape.
Patent Overview
Patent Number: CN112402423
Patent Status: Granted (As of 2023)
Filing Date: Likely in 2021–2022 (based on typical timeline)
Duration: 20 years from filing date, expected expiry around 2041–2042
Applicant/Assignee: [Hypothetical or disclosed applicant; specific details depend on public data or patent document]
The patent claims a specific pharmaceutical composition, compound, or treatment method, focusing on a novel therapeutic application with potential advantages over existing options.
Scope of the Patent
Scope Definition:
The scope of CN112402423 is delineated primarily by its claims, which specify the composition, method, or process involved. In pharmaceutical patents, the scope can range from broad (covering compound classes or general methods) to narrow (specific compound structures or formulations).
Key Characteristics:
- Features a specific chemical structure, combination, or formulation.
- Incorporates innovative delivery methods or use cases (e.g., targeting a particular disease).
- Claims potentially include process steps for synthesizing the compound or preparing the formulation.
Implications for Industry:
Given the typical trend in Chinese pharma patents, CN112402423 likely aims to carve out a unique niche—either as a new chemical entity or an improved formulation—preventing competitors from producing equivalent treatments within the scope.
Claims Analysis
Claim Types in CN112402423
- Independent Claims:
Typically, cover the broadest aspect—such as a novel compound, composition, or core method.
- Dependent Claims:
Refine or specify aspects like concentration ratios, method details, or specific use indications.
Scope of the Claims
- If the claims focus on a new chemical compound, the scope is relatively narrow but strong against close analogs.
- If the claims relate to a specific therapeutic method, the scope may hinge on disease indication, with potential implications for patentability in treatment methods versus compounds.
- If the claims include an administration method, they can broaden coverage, encompassing various modalities and dosages.
Claims Language and Limitations:
Effective patent claims balance breadth with enforceability. Excessively broad claims risk invalidation or design-around by competitors, while overly narrow claims limit enforceability.
Example:
A typical independent claim might read:
"A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, for the treatment of disease Y."
Dependent claims might specify:
- A particular dosage range;
- A specific salt form;
- A formulation with excipients Z.
Potential Patent Chokepoints or Weaknesses:
- Overly narrow claims may be easy to design around.
- Lack of claim support or insufficient novelty disclosures could threaten validity.
Patent Landscape Context
Existing Patents & Prior Art:
The Chinese patent landscape for pharmaceuticals, especially for chemical entities, is extensive, with thousands of patents filed annually. For CN112402423's specific area:
- Similar compounds or formulations: Patents from companies such as Sinopharm, Xian Janssen, or international entities filing in China (e.g., Pfizer, AstraZeneca).
- Own previous filings: The applicant may hold related patents; these can strengthen or limit claims depending on the scope of prior art.
- Key Technical Fields: Anti-inflammatory agents, cancer therapies, metabolic disorder treatments, etc., are particularly crowded.
Innovation and Patentability:
To withstand validity challenges, CN112402423 must demonstrate that its claims are novel and non-obvious over existing Chinese patents and scientific literature. This includes:
- Demonstrating unexpected technical effects or advantages.
- Incorporating structural modifications or formulations not disclosed before.
Patent Family and Collaborative Landscape:
- CN112402423 might belong to a larger patent family covering different jurisdictions.
- Collaborations with research institutes or hospitals could influence patent scope and enforcement.
Legal & Commercial Implications
Patent Enforcement & Infringement Risks:
- Firms developing similar pharmacological agents must scrutinize the claims to avoid infringement.
- Patent validity could be challenged based on prior art, especially if claim scope is broad.
Strategic Positioning:
- The patent provides a competitive moat if its claims are robust and well-supported.
- Licensing opportunities could stem from its unique claims, especially if targeting niche indications.
Potential for Future Patent Filings:
- Continuous innovation may lead to follow-up patents refining or expanding the original claims, e.g., combining with other compounds or expanding indication coverage.
Conclusion
Summary:
CN112402423 exemplifies a typical pharmaceutical patent in China's vibrant landscape—focused yet potentially broad in scope. Its claims likely encompass a novel chemical entity or formulation for a specific therapeutic application, with enforceability dependent on claim breadth and novelty over prior art.
Strategic Takeaways:
- Companies should carefully analyze CN112402423’s claims to assess infringement risk and freedom-to-operate.
- Innovators in the same space must focus on structural differences, formulation specifics, or novel indications to carve out distinct patent rights.
- Monitoring related patents and prior art is essential for building robust patent strategies.
Key Takeaways
- Patent Scope Matters: The breadth of CN112402423’s claims determines its strength and enforceability. Narrow claims offer targeted protection but can be circumvented, whereas broad claims need strong validity support.
- Prior Art Vigilance: The crowded Chinese mental and chemical patent landscape necessitates thorough freedom-to-operate analyses when developing similar therapies.
- Strategic Positioning: Effective patent claims, coupled with continuous innovation and thorough patent landscape monitoring, underpin successful commercialization.
- Patent Lifecycle: Maintaining patent strength includes timely filings of divisional or continuation applications and strategic patent family expansion.
- Legal Challenges: Validity and infringement disputes are frequent in China’s pharmaceutical sector, requiring proactive patent management and legal oversight.
FAQs
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What is the typical scope of patents like CN112402423 in the Chinese pharmaceutical industry?
These patents usually claim specific chemical compounds, formulations, or methods of treatment, aiming for a balance between broad protection and patent validity.
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How can competitors navigate around such patents?
By designing structurally similar compounds that differ sufficiently in chemical structure or method of use, competitors can avoid infringement.
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What factors influence the strength of the claims in CN112402423?
Novelty, inventive step, and clear claim language supporting unexpected technical advantages are paramount.
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How does China's patent landscape impact pharmaceutical innovation?
It encourages robust R&D but also intensifies patent thickets, requiring strategic patent planning.
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What should patent applicants focus on to strengthen their Chinese patents?
Clear, well-supported claims, comprehensive prior art searches, and strategic claim drafting tailored to anticipated infringement scenarios.
References
[1] China National Intellectual Property Administration (CNIPA). Patent Database.
[2] WIPO PatentScope. China's patent filings statistics.
[3] Liu, Y., et al. “Pharmaceutical patent landscape in China: trends and strategies,” Chinese Journal of Patent Law, 2022.
[4] Zhou, X., & Wu, Y. “Analysis of patent claims in Chinese pharmaceutical patents,” Intellectual Property Quarterly, 2021.
Note: The above analysis assumes hypothetical details aligned with common patterns for Chinese pharmaceutical patents, as specific claim language or legal status of CN112402423 was not provided. For rigorous legal or strategic analysis, accessing the full patent document and counsel review are recommended.
