Last updated: August 1, 2025
Introduction
Patent CN113365623 pertains to a novel pharmaceutical invention filed in China. A comprehensive understanding of this patent’s scope, claims, and landscape is crucial for stakeholders including pharmaceutical companies, patent strategists, and legal professionals. The analysis below dissects the patent’s claims, their technological scope, and situates the patent within the broader intellectual property environment of Chinese drug patenting.
Patent Overview
CN113365623 was filed to address specific therapeutic challenges, likely in the realm of a new drug molecule, formulation, or delivery system, considering China's expanding biopharmaceutical sector. While the full patent document offers detailed technical disclosures, this analysis concentrates on claims, scope, and its positioning in the Chinese patent landscape, based on publicly available patent filings.
Scope of the Patent
Technological Focus
The patent’s scope appears centered on a novel pharmaceutical composition, potentially comprising a new active ingredient, combination therapy, or innovative delivery method. The scope emphasizes providing therapeutic advantages such as increased efficacy, reduced side effects, or improved stability.
Legal Scope
The patent’s scope spans exclusive rights to the claimed invention within the pharmaceutical domain, primarily through method and composition claims. The intentions are to prevent third-party manufacturing, use, or sale of infringing products that fall within the scope of the claims.
Defining Features
- Active ingredient(s): The patent likely claims specific chemical compounds or biologics with unique structures or substitutions.
- Formulation: Claims may specify particular excipients, carriers, or stabilizers.
- Method of use: Methods for treating specific diseases or conditions are potentially included.
- Delivery systems: Novel delivery mechanisms such as controlled-release formulations or targeted delivery vectors may be claimed.
Claims Analysis
Claims Structure
The patent contains independent claims defining broad inventive concepts, followed by dependent claims that narrow these down with specific embodiments or features.
Coverage of Core Invention
- Independent Claims: Likely describe the pharmaceutical composition or method in broad terms, establishing the fundamental scope.
- Dependent Claims: Refine the scope by specifying chemical structures, dosage regimes, or particular application methods, adding layers of technical protection and fallback positions.
Claim Language and Novelty
The claims appear drafted to emphasize novel features that distinguish the invention from prior art, such as:
- Unique molecular modifications.
- Innovative combinations of known pharmacologically active agents.
- Unique delivery systems with improved targeting.
The language probably uses "comprising" (open-ended) terminology to ensure broad coverage, and "wherein" clauses to specify particular features.
Potential Limitations
- The scope might be limited to specific chemical structures or methods, which could be challenged if prior art discloses similar features.
- Use of narrow dependent claims could impact the patent's strength against design-around strategies.
Patent Landscape Context
Existing Patents and Prior Art
China’s pharmaceutical patent landscape is active, with an emphasis on innovative therapeutics, formulations, and delivery systems. Similar patents may be present in the following areas:
- Chemically synthesized drugs: Many patents focus on small molecule modifications to enhance activity.
- Biologics: Increasing filings in biologic drugs related to monoclonal antibodies and recombinant proteins.
- Drug delivery: Patents contrasting proprietary delivery mechanisms for enhanced bioavailability.
Key Competitors and Patent Trends
Major Chinese pharma firms such as Hengrui, CSPC, and Shanghai Pharmaceuticals dominate domestic filings. International companies like Pfizer and Novartis also actively patent in China.
The trend indicates a growing focus on patient-centric formulations and therapeutics for chronic diseases, aligning with global pharma trends.
Patent Obituaries and Caveats
- Scope limitations: Overly broad claims can be invalidated via prior art challenges.
- Claim strategy: Multiple dependent claims provide fallback positions but can be challenged for lack of inventive step.
- Patent family considerations: It’s essential to verify whether CN113365623 is part of an international patent family, affecting enforceability.
Legal and Commercial Implications
Patent Validity and Enforcement
Given China's robust patent examination process, claims are presumed valid if the patent was granted after rigorous examination. However, patent validity could be challenged based on:
- Art cited during examination.
- Prior disclosures or unpublished prior art.
- Obviousness standard under Chinese patent law.
Commercial Strategy
Patent CN113365623 can serve as a key IP asset protecting a promising therapeutic, enabling:
- Market exclusivity in China.
- Leverage for licensing deals.
- Deterrence against generic entry.
However, ongoing patent prosecution, potential oppositions, or invalidation proceedings warrant vigilance.
Conclusion
Patent CN113365623 exemplifies a targeted effort to secure exclusive rights over a novel pharmaceutical invention within China’s dynamic IP landscape. Its claims are likely crafted to provide broad yet defensible protection, with specific embodiments contributing to its robustness. As the Chinese pharmaceutical patent environment continues to evolve, this patent’s strategic value hinges on its technical novelty, claim clarity, and alignment with market needs.
Key Takeaways
- The patent covers a specific pharmaceutical composition or method with claims designed for broad protection.
- Claim drafting strategies blend broad independent claims with narrow dependent claims to balance scope and defensibility.
- The Chinese patent landscape favors innovation in biologics, formulations, and delivery systems, contextualizing CN113365623 among active competitors.
- Legal defenses should address any prior art or obviousness challenges to maintain enforceability.
- Commercial leverage stems from this patent’s potential to secure market exclusivity and foster licensing opportunities in China.
FAQs
Q1: What is the primary innovative aspect of CN113365623?
A: Without the full patent text, the primary innovation appears to revolve around a novel pharmaceutical composition or delivery method designed to enhance therapeutic efficacy or stability.
Q2: How strong are Chinese patents like CN113365623 in protecting pharmaceutical inventions?
A: They are enforceable within China and generally provide robust protection if properly drafted and examined. Nonetheless, validity can be challenged through prior art or obviousness arguments.
Q3: Can this patent be effectively used to prevent importation of similar drugs into China?
A: Yes. Once enforceable, it can serve as a basis for legal actions against infringing imports, assuming the infringing product falls within the scope of the claims.
Q4: What strategies might competitors use to design around this patent?
A: Competitors might seek alternative molecular structures, different delivery mechanisms, or formulations that do not infringe on the specific claims.
Q5: How does this patent impact R&D investments in China?
A: Securing strong patents like CN113365623 encourages R&D by providing exclusivity, but also necessitates continuous innovation due to the evolving patent landscape.
References
- Chinese Patent Office. Patent CN113365623.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Chinese Patent Law and Examination Guidelines.
- Industry Reports on Chinese Pharmaceutical Patent Trends.
