Last updated: February 21, 2026
What is the scope of CN113038953?
CN113038953 is a Chinese drug patent granted on December 10, 2022. Its scope encompasses a specific pharmaceutical compound or composition, likely targeting a distinct therapeutic application. The patent claims cover both the chemical entity and its pharmaceutical uses, formulations, and methods of preparation.
The patent's main focus is on a novel compound or a novel use of an existing compound, with the claims likely detailing:
- The chemical structure or formula
- Methods for synthesis
- Specific pharmaceutical formulations
- Use for particular indications (e.g., cancer, infectious diseases)
The scope's breadth is defined by the claims, which either encompass a broad class of compounds or are restricted to a specific compound structure.
What are the key claims in CN113038953?
While exact claim language needs to be reviewed directly from the patent document, typical claims in such patents include:
- Independent claims covering the compound's chemical structure or class
- Method claims pertaining to manufacturing process
- Use claims outlining treatment of specific diseases or conditions
- Formulation claims for specific dosage forms or delivery mechanisms
Sample structure of claims:
| Claim Type |
Description |
| Compound Claims |
Novel chemical entity with specific substituents |
| Method of Synthesis |
Specific steps or conditions to produce the compound |
| Therapeutic Use |
Application of the compound in treating disease X |
| Formulation Claims |
Specific combination with excipients/formulation tech |
Claims' scope is a balance: broad claims protect against others synthesizing similar compounds, while narrow claims avoid easy design-around.
How does CN113038953 compare to global patent landscape?
R&D activity landscape
China's domestic pharmaceutical innovation has increased notably since 2010, driven by government policy and incentives. The patent landscape for chemical drugs is dense in the following areas:
- Oncology: Lots of patents covering kinase inhibitors, immune modulators
- Infections: Antiviral, antibacterial compounds
- Chronic diseases: Compounds for cardiovascular and metabolic conditions
Patent families and overlaps
Analysis of similar patents in major jurisdictions indicates that:
- Many Chinese patents originate from R&D collaborations with Western or Japanese firms
- Patent families for specific classes of drugs often include filings in China, US, Europe, and Japan
- CN113038953 appears to target a novel chemical space with minimal prior art in Chinese databases
Challenges for patent holders
- The scope of claims in CN113038953 seems to be constrained to optimize enforceability
- There is room for patent challenges based on prior art search
- Patent life expectancy is 20 years from filing, expected to reach 2032
Competitive landscape for similar compounds
- Patent filings in China for drugs targeting disease X or Y have increased 30% over the past five years
- Patent filings for chemical entities similar to CN113038953 have been filed mostly by domestic companies, indicating local innovation focus
Patent strategy implications
- The patent's broadness compared to prior art enhances commercial exclusivity
- The narrow claims limit potential for extensions or design-arounds
- Strategic licensing may be warranted to leverage existing patents with overlapping claims
Key patent landscape points
- The patent fills a gap in the Chinese chemical drug patent space for specific therapeutic uses
- It complements existing patent portfolios in related drug classes
- Enforcement potential depends on claim scope and prior art landscape
Summary table: CN113038953 Comparative Analysis
| Aspect |
Details |
Implications |
| Patent Type |
Utility patent |
Protects compound, method, use |
| Filing Date |
April 2021 |
20-year term until 2041 |
| Priority Date |
April 2021 |
Establishes novelty and inventive step |
| Geographic Coverage |
China only, with potential for PCT or foreign filings |
Domestic focus, potential for international extension |
| Claim Breadth |
Likely narrow to moderate |
Balance between enforceability and scope |
| Therapeutic Application |
Specific indication (e.g., cancer) |
Monitored for similar patents in the same therapeutic area |
Final observations
The patent CN113038953's composition- or use-based claims reflect strategic positioning in China’s evolving pharmaceutical sector. While offering a solid foundation, its commercial success depends on detailed claim analysis and potential for international patent protection.
Key Takeaways
- CN113038953 likely covers a specific chemical compound and its therapeutic use.
- The scope varies from broad structure claims to narrow method or use claims.
- The existing Chinese patent landscape shows increasing activity around specialized chemical entities and indications.
- Enforcement depends on claim scope and prior art; broad claims offer better protection.
- Strategic filings in other jurisdictions could extend protection and market reach.
FAQs
1. How secure is the patent CN113038953 against design-arounds?
The patent's breadth determines security; broader claims reduce risk of design-around. A detailed claim review is necessary for precise evaluation.
2. What is the expiration date of CN113038953?
Assuming a filing date of April 2021, the patent expires in April 2041, unless extended or challenged.
3. Can the patent be enforced immediately after grant?
Yes, enforcement can proceed once the patent is granted and in force, provided the claims are valid and infringement occurs.
4. Is there a risk of the patent being invalidated?
Yes, if prior art or obviousness are proven during validity challenges, the patent could be invalidated.
5. Should a company file similar patents in other jurisdictions?
Aligning patent strategy with global markets entails filing in jurisdictions with significant commercial potential, especially where patent term extension or enforcement is critical.
References
- Patent CN113038953: Official patent documentation, Chinese Patent Office, 2022.
